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FLUX GAME STUDIO
GUTS
END USER LICENSE AGREEMENT
WELCOME TO GUTS!
FLUX GAME STUDIO JOGOS DIGITAIS LTDA (“Flux Game Studio”) is proud to provide you with GUTS (the “Game") a comedy ultra-violent unique fighting game.
This End User License Agreement (the “EULA” or “Agreement”) governs your use of the Game, this agreement is a legally binding contract, by installing or using the Game, you agree to be bound by the terms of this EULA, please read it carefully.
1. THE GAME
1.1. You can play GUTS as many games as you want, as well as compete with other players. However, you cannot: violate any of the game rules and this EULA terms and conditions; neither use any sort of software that might improve performance in the game, such as, but not only, aimbots, wallhacks or any type of hacks, triggerbots, bugs, glitch; make in-game duos in order to unduly outperform opponents.
2. COMUNITY CODE OF ONLINE CONDUCT
2.1. Your online conduct and interaction with other competitors shall be guided by common sense, basic etiquette and the rules of conduct as set in this session. Competitors are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of the Game and the game platform (the “Service”).
2.2. By playing GUTS, you must:
2.2.1. Refrain from perpetrating any act of violence, carry firearms or overall weapons, as well as any objects that might be used to hurt or harm others while competing with other using the Game. It is also forbidden to engage in coercive practices of physical or moral violence towards losers, inducing or instigating them to depression, suicide or self-flagellation;
2.2.2. Assume an ethical, safe, healthy stance in accordance to the national and international rules while playing the Game, as well as online, on social media, on instant messaging applications while referring to the Game or any of it’s elements, characters or trademarks;
2.2.3. Respect the entertainment and competitive purpose of the Game. It is forbidden to use the Game for activities that are neither it’s entertainment and competitive purposes or inappropriate to your age or the age of another competitor, violating the law or ethics;
2.2.4. Respect other’s rights to their image, voice and name. Do not share images or videos of others without their previous consent;
2.2.5. Respect the commercial names, trademarks and other distinctive signs of the Game and Flux Game Studio. Do not plagiarize our ideas or any of our developed intellectual property. Feel comfortable to take screenshots of the Game and/or photograph/film a Game’s playthrough or competition, as long as you respect the legal boundaries regarding the use of our trademarks, elements and every content associate to the Game.
2.3. By playing GUTS you CAN’T:
2.3.1. Manipulate or inflate usage of the service;
2.3.2. Upload, stream, post or otherwise transmit any content that contains any viruses, worms, time bombs, spyware or other technological or physical resources that may damage, interrupt or disrupt the Game, the Service or Flux Game Studio’s servers;
2.3.3. Take any action that Flux Game Studio consider to be disruptive to the normal flow of gameplay, including uploading, streaming, or otherwise transmitting any unsolicited or unauthorized material;
2.3.4. Conduct any activities that violate any local, state, federal of your Country or foreign laws, including trademark infringement, defamation, invasion of privacy, identity theft, abusing, harassing, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software.
2.4. WHILE PLAYING THE GAME IT IS FORBIDDEN TO ORGANIZE HATE GROUPS, HATE SPEECH, INCITE OR ENGAGE IN DISCRIMINATORY, PREJUDICED, VEXATIOUS OR HUMILIATING ACTS THAT QUALIFY AS BULLYING/CYBERBULLYING OR AS A RACIALLY, ETHICALLY, RELIGIOUSLY, SEXUALLY OFFENSIVE, LIBELOUS, DEFAMING, THREATENING OR STALKING ACT. IT IS ALSO NOT ALLOWED TO ACCESS OR SHARE INTIMATE IMAGES OF ONESELF OR EXPOSE THE NUDE BODY OF ANOTHER COMPETITOR OR OTHERS.
2.5. The online interactions occurred in gameplay are not responsibility of Flux Game Studio at all, the Service does not allow chat and message Exchange during the Service’s usage. Flux Game Studio is not responsible for the competitor’s creation of new privately media, such as Discord for an unlimited example.
2.6. In-game virtual score is a non-monetized retention tool that does not consist in virtual coins and is not purchased from a third party monetize platform. The in-game currency is not obtained from real money, it’s just a point earned by you while playing the Game and it’s usage is destined only to purchase extra content to use inside the game.
3. HEALTH ALERT
3.1. Despite being the coolest Game ever, Flux Game Studio is not responsible for any addiction to the Game, playing GUTS is a leisure activity, don’t make it a harmful interference in you routine activities, we’re not responsible for that.
3.2. If you, or anyone in your family, experience epileptic seizures when exposed to certain light patterns or flashing lights or/and have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and consult your physician. Flux Game Studio will not be held responsible for any health injuries occurred while playing the game.
4. COLLECTION OF DATA
4.1. In order to play the Game, you may provide your ID information (name and e-mail address) and other gameplay information.
4.2. Provided with your data, we will form a database of all competitors in our platforms. This database is of our property and responsibility, so that it will be used, accessed or shared when necessary under the limits and business purposes of Flux Game Studio. In that sense, such database might be made available or shared with our business partners, suppliers and authorities.
4.2.1 Information regarding your performance in gameplay will be automatically sent to our database so that we can track problems, provide faster solutions and spot improvement opportunities.
4.3. When the Game is running, Flux Game Studio may monitor your game equipment for the use of programs that violate this EULA. You hereby grant Flux Game Studio permission to monitor your game equipment for purposes of identifying such use and communicating potential violations to Flux Game Studio and to guarantee the safety of the competitors, as well as maintain a healthy and safe online environment.
5. LIMITED LICENSE - THE GAME IS LICENSED, NOT SOLD!
5.1. Due to the terms and conditions of this EULA, Flux Game Studio hereby grants to you a limited, revocable, non-exclusive license to download and install the Game onto a personal gaming equipment owned by you, and use the Game in conjunction with the Service for your non-commercial entertainment purposes only.
5.2. The foregoing license does not permit you to do any of the following, and YOU MAY NOT:
5.2.1. Sell, license, distribute, transfer, market or otherwise commercialize the Game, or any of it parts to any person or entity, and may not even modify the Game or any portion thereof;
5.2.2. Copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof unless to create a game modification (MOD) restrained to the boundaries set and allowed by Flux Game Studio;
5.2.3. Develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
5.2.4. Exploit the Game, or any portion thereof, for any commercial purpose;
5.2.5. Connect to the Service except by using an authorized, unmodified Game as set forth herein;
5.2.6. Use the Game to connect to any server or service other than the Service;
5.2.7. Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Game, and/or be involved in an attack on Flux Game Studio’s servers and/or the Game itself.
5.3. The violation of any of the above license limitations in this Section will constitute an infringement of Flux Game Studio’s copyrights.
5.4. The Game is being licensed and not sold. The EULA confers no title or ownership in the Game (including without limitation the Game), all rights not expressly granted under the EULA are reserved by Flux Game Studio.
5.5. Flux Game Studio owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof and all content therein (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.).
5.6. The Game is protected by the copyright laws of Brazil, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
6.1. The game is provided to you on an “as is” “as available” basis without representations or warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement and availability. flux game studio does not warrant the game or service will be uninterrupted or error-free, that defects will be corrected, that the game and service is free of viruses or other harmful components, or that the service shall comply with any service level agreement.
6.2. In no event shall flux game studio be liable for any loss or damage of any kind arising out of or relating to the game or any use thereof, including without limitation any loss of data or goodwill, disruption of service or claims of third parties. in no event shall flux game studio be liable for any indirect, incidental, exemplary, punitive, liquidated, or other consequential damages, whether under contract, tort (including negligence), strict liability or any other theory of liability, arising from your use of the game (including without limitation the game). the foregoing limitations shall apply to the maximum extent permitted by law, even if any remedy fails of its essential purpose. in no event shall flux Game Studio's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total amount paid for the Game by you to Flux Game Studio.
7. INDEMNITY
7.1. You are solely responsible for any damage caused to Flux Game Studio as a result of your violation of this EULA. You hereby agree to defend, indemnify and hold harmless flux game studio from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys’ fees and other legal fees and costs) incurred as a result of, arising from, or relating to your use of the game or your use or misuse of the game or service.
7.2. Flux Game Studio reserve the right to take sole responsibility, as its own expense, for conducting the defense of any claim for which you agreed to indemnify Flux Game Studio. The provisions of this Section shall remain in force after termination of this EULA.
8. CHANGES TO EULA AND GAME
8.1. Flux Game Studio may update this EULA at its sole discretion, and you will be asked to review and agree to the revised version of the EULA once it becomes effective. If you do not agree to a revised EULA, you will not be permitted to continue playing the Game.
8.2. Flux Game Studio may change, modify, suspend, or discontinue any aspect of the Game at any time and may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
8.3. Flux Game Studio may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game installed on your game equipment and they are not optional. If you set the game equipment for automatic update, you agree that Flux Game Studio may deploy and install updates remotely, with your knowledge, and you hereby provide your consent for Flux Game Studio to upload and apply such Updates.
9. TERM AND TERMINATION
9.1. EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, such as license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership.
9.2. You may terminate this EULA at any time by any reason and will then not be allowed to play the Game or use the Service.
9.3. Flux Game Studio may terminate this Agreement at any time for any reason or no reason by providing notice to you, including without limitation email notice to the last email address provided by you or announcements on the Studio’s or the Game’s pages and Social Media channels (Twitter: @playguts; Facebook: Facebook.com/playguts ; Website: http://playguts.net). Upon termination of this Agreement, you must delete the Game and destroy related documentation in your possession.
9.3.1. Your rights under this EULA will automatically terminate without notice if you fail to comply with any term or condition of this EULA.
9.4. Upon termination, your license to the Game and/or Service shall terminate, and you may lose all information and data associated with the Game, including in-game virtual score and virtual items.
10. GENERAL
10.1. You and Flux Game Studio are independent and autonomous contractors for legal purposes, this EULA does not establish any kind of relationship, society and/or association, agency, representation, consortium, joint venture or joint liability or subsidiary of the Parties, nor empowers a Party for the representation of the other in any situation. The relationship between the Parties provided herein is valid only for compliance of this EULA.
10.2. Any omission or tolerance of Flux Game Studio to require the faithful compliance with the terms and conditions of this Agreement shall not constitute a novation or waiver, or affect the right of Flux Game Studio to require compliance at any time.
10.3. To clear any disputes and controversies came to the contract; the parties elect the district court of São Paulo, in the state of São Paulo, Brazil. International Law standards are not applied to this type of Contract. The parties agree to submit any conflicts regarding the agreement to the Laws of Brazil.
10.3.1. Any dispute resolution proceedings in court or arbitration, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated representative or private attorney general action, unless both you and flux game studio specifically agree to do so in writing following initiation of the judicial proceeding or arbitration.
10.3.1.1. The Parties agree that any dispute, claim or controversy arising out of, relating to, or in connection with this EULA, or the breach, termination or validity thereof shall be finally settled by Brazilian Court or mediation/arbitration. The mediation and arbitration shall be administered by an arbitral council located in Brazil, and conducted in Portuguese by one arbitrator chosen according to the arbitral council rules.
10.3.1.2. International Law standards are not applied to this type of Contract. The parties agree to submit any conflicts regarding the agreement to the Laws of Brazil.
10.4. This Agreement is binding upon the Parties. If any provision of this Agreement is held invalid, illegal or unenforceable, this Agreement will not be canceled, and the remaining provisions will continue into force.
GUTS, it’s content and all related characters and elements are trademarks of and FLUX GAME STUDIO. All rights reserved.
EULA last updated October 30, 2017.
GUTS
END USER LICENSE AGREEMENT
WELCOME TO GUTS!
FLUX GAME STUDIO JOGOS DIGITAIS LTDA (“Flux Game Studio”) is proud to provide you with GUTS (the “Game") a comedy ultra-violent unique fighting game.
This End User License Agreement (the “EULA” or “Agreement”) governs your use of the Game, this agreement is a legally binding contract, by installing or using the Game, you agree to be bound by the terms of this EULA, please read it carefully.
1. THE GAME
1.1. You can play GUTS as many games as you want, as well as compete with other players. However, you cannot: violate any of the game rules and this EULA terms and conditions; neither use any sort of software that might improve performance in the game, such as, but not only, aimbots, wallhacks or any type of hacks, triggerbots, bugs, glitch; make in-game duos in order to unduly outperform opponents.
2. COMUNITY CODE OF ONLINE CONDUCT
2.1. Your online conduct and interaction with other competitors shall be guided by common sense, basic etiquette and the rules of conduct as set in this session. Competitors are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of the Game and the game platform (the “Service”).
2.2. By playing GUTS, you must:
2.2.1. Refrain from perpetrating any act of violence, carry firearms or overall weapons, as well as any objects that might be used to hurt or harm others while competing with other using the Game. It is also forbidden to engage in coercive practices of physical or moral violence towards losers, inducing or instigating them to depression, suicide or self-flagellation;
2.2.2. Assume an ethical, safe, healthy stance in accordance to the national and international rules while playing the Game, as well as online, on social media, on instant messaging applications while referring to the Game or any of it’s elements, characters or trademarks;
2.2.3. Respect the entertainment and competitive purpose of the Game. It is forbidden to use the Game for activities that are neither it’s entertainment and competitive purposes or inappropriate to your age or the age of another competitor, violating the law or ethics;
2.2.4. Respect other’s rights to their image, voice and name. Do not share images or videos of others without their previous consent;
2.2.5. Respect the commercial names, trademarks and other distinctive signs of the Game and Flux Game Studio. Do not plagiarize our ideas or any of our developed intellectual property. Feel comfortable to take screenshots of the Game and/or photograph/film a Game’s playthrough or competition, as long as you respect the legal boundaries regarding the use of our trademarks, elements and every content associate to the Game.
2.3. By playing GUTS you CAN’T:
2.3.1. Manipulate or inflate usage of the service;
2.3.2. Upload, stream, post or otherwise transmit any content that contains any viruses, worms, time bombs, spyware or other technological or physical resources that may damage, interrupt or disrupt the Game, the Service or Flux Game Studio’s servers;
2.3.3. Take any action that Flux Game Studio consider to be disruptive to the normal flow of gameplay, including uploading, streaming, or otherwise transmitting any unsolicited or unauthorized material;
2.3.4. Conduct any activities that violate any local, state, federal of your Country or foreign laws, including trademark infringement, defamation, invasion of privacy, identity theft, abusing, harassing, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software.
2.4. WHILE PLAYING THE GAME IT IS FORBIDDEN TO ORGANIZE HATE GROUPS, HATE SPEECH, INCITE OR ENGAGE IN DISCRIMINATORY, PREJUDICED, VEXATIOUS OR HUMILIATING ACTS THAT QUALIFY AS BULLYING/CYBERBULLYING OR AS A RACIALLY, ETHICALLY, RELIGIOUSLY, SEXUALLY OFFENSIVE, LIBELOUS, DEFAMING, THREATENING OR STALKING ACT. IT IS ALSO NOT ALLOWED TO ACCESS OR SHARE INTIMATE IMAGES OF ONESELF OR EXPOSE THE NUDE BODY OF ANOTHER COMPETITOR OR OTHERS.
2.5. The online interactions occurred in gameplay are not responsibility of Flux Game Studio at all, the Service does not allow chat and message Exchange during the Service’s usage. Flux Game Studio is not responsible for the competitor’s creation of new privately media, such as Discord for an unlimited example.
2.6. In-game virtual score is a non-monetized retention tool that does not consist in virtual coins and is not purchased from a third party monetize platform. The in-game currency is not obtained from real money, it’s just a point earned by you while playing the Game and it’s usage is destined only to purchase extra content to use inside the game.
3. HEALTH ALERT
3.1. Despite being the coolest Game ever, Flux Game Studio is not responsible for any addiction to the Game, playing GUTS is a leisure activity, don’t make it a harmful interference in you routine activities, we’re not responsible for that.
3.2. If you, or anyone in your family, experience epileptic seizures when exposed to certain light patterns or flashing lights or/and have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the Game, immediately discontinue use and consult your physician. Flux Game Studio will not be held responsible for any health injuries occurred while playing the game.
4. COLLECTION OF DATA
4.1. In order to play the Game, you may provide your ID information (name and e-mail address) and other gameplay information.
4.2. Provided with your data, we will form a database of all competitors in our platforms. This database is of our property and responsibility, so that it will be used, accessed or shared when necessary under the limits and business purposes of Flux Game Studio. In that sense, such database might be made available or shared with our business partners, suppliers and authorities.
4.2.1 Information regarding your performance in gameplay will be automatically sent to our database so that we can track problems, provide faster solutions and spot improvement opportunities.
4.3. When the Game is running, Flux Game Studio may monitor your game equipment for the use of programs that violate this EULA. You hereby grant Flux Game Studio permission to monitor your game equipment for purposes of identifying such use and communicating potential violations to Flux Game Studio and to guarantee the safety of the competitors, as well as maintain a healthy and safe online environment.
5. LIMITED LICENSE - THE GAME IS LICENSED, NOT SOLD!
5.1. Due to the terms and conditions of this EULA, Flux Game Studio hereby grants to you a limited, revocable, non-exclusive license to download and install the Game onto a personal gaming equipment owned by you, and use the Game in conjunction with the Service for your non-commercial entertainment purposes only.
5.2. The foregoing license does not permit you to do any of the following, and YOU MAY NOT:
5.2.1. Sell, license, distribute, transfer, market or otherwise commercialize the Game, or any of it parts to any person or entity, and may not even modify the Game or any portion thereof;
5.2.2. Copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof unless to create a game modification (MOD) restrained to the boundaries set and allowed by Flux Game Studio;
5.2.3. Develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
5.2.4. Exploit the Game, or any portion thereof, for any commercial purpose;
5.2.5. Connect to the Service except by using an authorized, unmodified Game as set forth herein;
5.2.6. Use the Game to connect to any server or service other than the Service;
5.2.7. Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Game, and/or be involved in an attack on Flux Game Studio’s servers and/or the Game itself.
5.3. The violation of any of the above license limitations in this Section will constitute an infringement of Flux Game Studio’s copyrights.
5.4. The Game is being licensed and not sold. The EULA confers no title or ownership in the Game (including without limitation the Game), all rights not expressly granted under the EULA are reserved by Flux Game Studio.
5.5. Flux Game Studio owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof and all content therein (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.).
5.6. The Game is protected by the copyright laws of Brazil, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
6.1. The game is provided to you on an “as is” “as available” basis without representations or warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement and availability. flux game studio does not warrant the game or service will be uninterrupted or error-free, that defects will be corrected, that the game and service is free of viruses or other harmful components, or that the service shall comply with any service level agreement.
6.2. In no event shall flux game studio be liable for any loss or damage of any kind arising out of or relating to the game or any use thereof, including without limitation any loss of data or goodwill, disruption of service or claims of third parties. in no event shall flux game studio be liable for any indirect, incidental, exemplary, punitive, liquidated, or other consequential damages, whether under contract, tort (including negligence), strict liability or any other theory of liability, arising from your use of the game (including without limitation the game). the foregoing limitations shall apply to the maximum extent permitted by law, even if any remedy fails of its essential purpose. in no event shall flux Game Studio's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total amount paid for the Game by you to Flux Game Studio.
7. INDEMNITY
7.1. You are solely responsible for any damage caused to Flux Game Studio as a result of your violation of this EULA. You hereby agree to defend, indemnify and hold harmless flux game studio from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys’ fees and other legal fees and costs) incurred as a result of, arising from, or relating to your use of the game or your use or misuse of the game or service.
7.2. Flux Game Studio reserve the right to take sole responsibility, as its own expense, for conducting the defense of any claim for which you agreed to indemnify Flux Game Studio. The provisions of this Section shall remain in force after termination of this EULA.
8. CHANGES TO EULA AND GAME
8.1. Flux Game Studio may update this EULA at its sole discretion, and you will be asked to review and agree to the revised version of the EULA once it becomes effective. If you do not agree to a revised EULA, you will not be permitted to continue playing the Game.
8.2. Flux Game Studio may change, modify, suspend, or discontinue any aspect of the Game at any time and may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
8.3. Flux Game Studio may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game installed on your game equipment and they are not optional. If you set the game equipment for automatic update, you agree that Flux Game Studio may deploy and install updates remotely, with your knowledge, and you hereby provide your consent for Flux Game Studio to upload and apply such Updates.
9. TERM AND TERMINATION
9.1. EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, such as license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership.
9.2. You may terminate this EULA at any time by any reason and will then not be allowed to play the Game or use the Service.
9.3. Flux Game Studio may terminate this Agreement at any time for any reason or no reason by providing notice to you, including without limitation email notice to the last email address provided by you or announcements on the Studio’s or the Game’s pages and Social Media channels (Twitter: @playguts; Facebook: Facebook.com/playguts ; Website: http://playguts.net). Upon termination of this Agreement, you must delete the Game and destroy related documentation in your possession.
9.3.1. Your rights under this EULA will automatically terminate without notice if you fail to comply with any term or condition of this EULA.
9.4. Upon termination, your license to the Game and/or Service shall terminate, and you may lose all information and data associated with the Game, including in-game virtual score and virtual items.
10. GENERAL
10.1. You and Flux Game Studio are independent and autonomous contractors for legal purposes, this EULA does not establish any kind of relationship, society and/or association, agency, representation, consortium, joint venture or joint liability or subsidiary of the Parties, nor empowers a Party for the representation of the other in any situation. The relationship between the Parties provided herein is valid only for compliance of this EULA.
10.2. Any omission or tolerance of Flux Game Studio to require the faithful compliance with the terms and conditions of this Agreement shall not constitute a novation or waiver, or affect the right of Flux Game Studio to require compliance at any time.
10.3. To clear any disputes and controversies came to the contract; the parties elect the district court of São Paulo, in the state of São Paulo, Brazil. International Law standards are not applied to this type of Contract. The parties agree to submit any conflicts regarding the agreement to the Laws of Brazil.
10.3.1. Any dispute resolution proceedings in court or arbitration, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated representative or private attorney general action, unless both you and flux game studio specifically agree to do so in writing following initiation of the judicial proceeding or arbitration.
10.3.1.1. The Parties agree that any dispute, claim or controversy arising out of, relating to, or in connection with this EULA, or the breach, termination or validity thereof shall be finally settled by Brazilian Court or mediation/arbitration. The mediation and arbitration shall be administered by an arbitral council located in Brazil, and conducted in Portuguese by one arbitrator chosen according to the arbitral council rules.
10.3.1.2. International Law standards are not applied to this type of Contract. The parties agree to submit any conflicts regarding the agreement to the Laws of Brazil.
10.4. This Agreement is binding upon the Parties. If any provision of this Agreement is held invalid, illegal or unenforceable, this Agreement will not be canceled, and the remaining provisions will continue into force.
GUTS, it’s content and all related characters and elements are trademarks of and FLUX GAME STUDIO. All rights reserved.
EULA last updated October 30, 2017.