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Static Shell Studios Ltd, application terms of use.

28/03/2018

Please read these Terms and Conditions (herefrom referred to as "Terms" or "Terms and Conditions") carefully before using the https://www.staticshell.co.uk/ website or Game (the "Service") operated by Static Shell Studios ("us", "we", or "our") as it is a binding contract.

Welcome to the Static Shell Studios website, these Terms describe the conditions under which Static Shell Studios provides you the website and it’s services.

Static Shell Studios may amend these Terms at any point in the future with or without any form of notice and you agree that you will be bound to any of the changes made. The date of the latest changes in the Terms will be available at the top of this document.

YOUR USE OF THIS WEBSITE INDICATES THAT YOU AGREE WITH THESE TERMS AND CONSTITUTES YOUR BINDING AGREEMENT OF THESE TERMS, INCLUDING ANY CHANGES MADE TO THEM FROM TIME TO TIME.

If at any time you find that you do not agree with our privacy policy or our Terms, you must stop using the site or Service immediately.

Privacy Policy
By using this site you acknowledge that you have read and understood our privacy policy (found https://staticshell.co.uk/privacy) and Terms and that Static Shell Studios can change these at any point in the future, the updated versions will be accessible on our website. If at any time you find that you do not agree with our privacy policy or our Terms, you must stop using the site or Service immediately.

Document updates
The privacy policy and Terms can be updated at any time and you must agree to all the revisions of these in order to keep using the site. If any major changes are to be made we will try and give some sort of notice before they take effect. What constitutes as a major change will be determined at our sole discretion. If at any point you do not agree with our privacy policy or our Terms, you must stop using the site or Service immediately.

Supplemental policies
We may publish additional policies related to specific games. Your right to use such game is subject to those specific policies and terms. These Terms, any supplemental policies of Static Shell Studios and any documents expressly incorporated by reference herein (including the Static Shell Studios Privacy Policy), contain the entire understanding of You and Static Shell Studios, and supersede all prior understanding between You and Static Shell Studios.

Beta Tests
Static Shell Studios may offer to You a chance to participate in beta tests (open or closed) of certain parts of its Services. Your participation into such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.

By applying to and/or participating in beta tests You acknowledge and accept that:

Due to the unfinished and experimental nature of the beta tested parts of the Services Static Shell Studios may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.
Any in-game achievements, items, equipment, experience points and other such content may be periodically reset by Static Shell Studios during the course of the beta tests. Static Shell Studios offers no refunds for any such lost content.
Any feedback or idea submitted by You to Static Shell Studios regarding the beta tested parts of the Services may be utilized by Us without any compensation to You. By submitting or creating any material, content or feedback regarding the beta tested parts of the Services You grant to Static Shell Studios an unlimited, sublicensable, fully paid up, non exclusive and transferable license to utilize such material, content and/or feedback in its business.
Your application to participate in beta tests does not guarantee You to be invited to, or to participate in any beta test offered by Static Shell Studios.
Early Access
Some of the games released by Static Shell Studios may be released in Early Access, by purchasing the game in this state of development you acknowledge that:

The game is not yet a finished product and may include bugs, unfinished assets, exploits and other similar aspects.
Various balancing tweaks will likely be done to the game before it’s full release, meaning that stats, leaderboards and other such data will likely periodically be reset.
The Service may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.
Any feedback or idea submitted by You to Static Shell Studios regarding the Early Access parts of the Services may be utilized by Us without any compensation to You. By submitting or creating any material, content or feedback regarding the parts of the Services You grant to Static Shell Studios an unlimited, sublicensable, fully paid up, non exclusive and transferable license to utilize such material, content and/or feedback in its business.
Use of Static Shell Studios marks
Use of any Static Shell Studios trademarks, logos or other materials, we grant you a personal, revocable, non-transferable, non-sublicensable, non-exclusive license to use them, solely for noncommercial purposes (Unless specifically stated otherwise) if you agree to the following conditions:

You must comply with all of Static Shell Studios Terms at all times.
The media will not be linked in any way shape or form to any material that is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights.
The media will not be used with any material that may be harmful to Static Shell Studios reputation, it’s employees or partners.
The media must maintain all copyright and other proprietary notices and cannot be modified from its original visual aspect.
All media will remain the sole property of Static Shell Studios and you will not create any media that is in any way similar to that of Static Shell Studios.
These rights exclusively concern content owned and created by Static Shell Studios and not that of any third party partners as these rights will be given at their own discretion.
We reserve the right to terminate the right to use these media at any time and for any reason. Under no circumstances will we be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this termination. We reserve the right in our sole discretion to expressly refuse these rights to any particular case, or to revoke this limited permission at any time without any liability to you whatsoever.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and limitations of liability.

External links
In the event that our website would contain a link to third-party websites or services that are not owned or controlled by Static Shell Studios, we assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You acknowledge that Static Shell Studios will be in no way responsible or liable for any damage, loss or other alleged issues caused by this content.

Social Media and Game Content
You may freely upload media (image, screenshot or video) of our services to social media services (Facebook, Twitter etc), to online video or streaming services (Youtube, Twitch). This media must be uploaded without editing that would in any way misrepresent the services we provide.

User Content
“Content” means any communications, images, sounds, and all the material and information that you upload or transmit through one of our services, or that other users upload or transmit, including without limitation any Discord communications. This includes and is not limited to any unsolicited ideas provided as well as bug reports and improvement suggestions.

Content Licence grant
You hereby grant to us a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content.

Site or Service use Limitation
You may not connect to or use the Site or Service in any way that is not its intended use. You agree that you will not take part in any type of attack; including without limitation denial of service attacks upon, or hacking of the Site or Service or otherwise attempt to disrupt the Site or Service or any other person’s use of the Site or Service. You will not attempt to gain unauthorized access to the Site, the Service, or the computer systems or networks connected to the Site or Service. In addition you will not use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or Service.

Children
The Site and Service is not intended for children under 13 years of age and we do not knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information. You can find out more about this in our Privacy policy document found https://staticshell.co.uk/privacy.

Disclaimer / No Warranty
The Services are provided to You by Static Shell Studios “as is”. To the maximum extent permitted by applicable law, except as provided above, STATIC SHELL STUDIOS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.

Limitation of Liability
To the full extent permissible by law, Static Shell Studios will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages, lost profits or for business interruptions arising out of use or inability to use the game or in connection with this Agreement, even if Static Shell Studios has been advised of the possibility of such damages. Further, to the full extent permissible by law, Static Shell Studios aggregate liability arising out of or in connection with this Agreement will not exceed the total amount you have paid to Static Shell Studios under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability.

Sunburnt includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Static Shell Studios, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Static Shell Studios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Sunburnt, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Sunburnt, or will not revoke approval of this Sunburnt for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Static Shell Studios and Epic. Static Shell Studios, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Static Shell Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Static Shell Studios' or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Static Shell Studios, Epic, Epic’s licensors, nor its or their affiliates, nor any of Static Shell Studios' or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Static Shell Studios', Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Static Shell Studios, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Static Shell Studios, Epic, Epic’s licensors, its and their affiliates, and any of Static Shell Studios' or Epic’s service providers shall be limited to the full extent permitted by law.

Governing law
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Negotiation
Legal disputes can be expensive and time consuming for all parties concerned. In the interest of accelerating resolution and reducing any costs of any dispute or claim related to this Agreement (“Claim”), you and Static Shell Studios agree to attempt to informally negotiate any Claim for at least thirty (30) days (except in the case of violations of intellectual property, theft, piracy or invasion of privacy). We will send notice to the address we find provided. You will send your notice to Static Shell Studios through the legal@staticshell.co.uk email address. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

Language
To the fullest extent permitted by law, the controlling language for these Terms is English. Any translation has been provided for your convenience.

Contact Us
If you have any questions about these Terms, please contact us at legal@staticshell.co.uk.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT MY USE OF THIS SITE AND OR SERVICE IS AN ACKNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS.