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End-User License Agreement (EULA) of Afterfall
This End-User License Agreement ("EULA") is a legal agreement between you and FrostFightStudios
"Afterfall" is an online game service provided by FrostFightStudios (together with any additional features in connection with the game, including, without limitation, in-game forums) (the "Service"), is governed by these terms and conditions, any other terms referred to or incorporated by reference, and any other requirements set out in our website ( collectively referred to as "the End User License Agreement" or "this End User License Agreement"). The Software and the Service are collectively referred to as the "Game."
This EULA agreement governs your acquisition and use of Afterfall ("Software") directly from FrostFightStudios or indirectly through a FrostFightStudios authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Afterfall. It provides a license to use the Afterfall and contains warranty information and liability disclaimers.
If you register for a free trial of the Afterfall, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Afterfall, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by FrostFightStudios herewith regardless of whether other software is referred to or described herein. The terms also apply to any FrostFightStudios updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
LICENSE GRANT
FrostFightStudios hereby grants you a personal, non-transferable, non-exclusive licence to use the Afterfall on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Afterfall under your control. You are responsible for ensuring your device meets the minimum requirements for Afterfall.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that FrostFightStudios considers is a breach of this EULA agreement
INTELLECTUAL PROPERTY RIGHTS
1.1 In this End User License Agreement the following terms have the meanings set out below:
1.1.1 "IPR": intellectual property rights, including patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
1.1.2 "FrostFightStudios Content": the Game, its software, code, structures, textures and images and all other aspects of it as owned and/or created by FrostFightStudios and/or licensed to FrostFightStudios;
1.1.3 "User Generated Content": content generated by users in the course of playing the Game, including without limitation designs, style, images, items, symbols, logos and items created by a user in playing the Game and whether created by you personally or purchased from another user. For the avoidance of doubt, User Generated Content also includes the content of all verbal and written communication issued by users in playing the Game.
1.2 Any and all IPR in FrostFightStudios Content belongs to FrostFightStudios or the third parties from whom FrostFightStudios has obtained a license to use such content within the Game, and you acknowledge and agree that you have no rights of ownership in respect of such IPR.
1.3 The Limited Use License granted to you by condition 2 above shall apply to any and all IPR in FrostFightStudios Content.
1.4 You hereby grant FrostFightStudios a non-exclusive, sub-licensable, perpetual, irrevocable, royalty-free, worldwide license to use for any purpose whatsoever, in any languages and in any media (whether known or not yet known) any and all User Generated Content and any and all associated IPR which you may generate in the course of playing the Game.
1.5 You acknowledge and agree that any User Generated Content will be created using assets provided by the Service and/or will be derivative of FrostFightStudios Content. You agree that:
1.5.1 You will use User Generated Content only within the Game and for non-commercial purposes;
1.5.2 You will not license, sub-license or assign the right to use or exploit User Generated Content, or any associated IPR, to any third party without FrostFightStudios written consent;
1.5.3 You irrevocably appoint FrostFightStudios as your agent for the purpose of removing or taking down any User Generated Content, whether from within the Game or elsewhere, where there has been a breach of the Rules of Conduct set out in condition 9, or any other breach of the terms and conditions of this End User License Agreement in response to a complaint or valid take down notice, (as referred to in condition 11) or otherwise at FrostFightStudios discretion.
1.6 You hereby absolutely, irrevocably and unconditionally waive, so far as is legally possible, any and all moral rights which may subsist in User Generated Content created by you, and any broadly equivalent rights which you may have in any territory of the world.
CONDITIONS OF USE OF THE GAME
Software and FrostFight Account:
2.1 You acknowledge and agree that you shall not be able, or entitled, to use the Game unless you have first:
2.1.1 downloaded and installed the Game;
2.1.2 downloaded and installed any authorized third party software that is required to run the Game ("Third Party Software");
2.1.3 created and established a user account with FrostFightStudios (a "FrostFight Account") on FrostFightStudios centralized account system relating to the Game; and
2.1.4 agreed to and accepted the terms and conditions of the End User License Agreement.
Third Party Software:
2.2 You acknowledge and agree that:
2.2.1 the Third Party Software is licensed to you under separate terms and conditions to this End User License Agreement;
2.2.2 the Third Party Software is licensed to you directly by the third party licensor or third party supplier of such Third Party Software and is licensed subject to the respective third-party licensor's or third party supplier's terms of use and policies, which shall solely govern the use of the Third Party Software;
2.2.3 any warranty given by the relevant third party licensor or third party supplier in respect of the Third Party Software shall be the only warranty given in respect of the Third Party Software. Neither FrostFightStudios gives any warranty or other assurance, whether express or implied, in respect of the functioning, quality or performance of Third Party Software;
2.2.4 you may view the relevant third party licensor's or third party supplier's terms of use and policies prior to downloading and installing the Third Party Software. We advise that you read these carefully prior to downloading and installing the Third Party Software. Your acceptance under condition 1.2 above constitutes acceptance of such terms in addition to those set out in this End User License Agreement.
Eligibility:
2.3 You acknowledge and agree that you shall only be entitled to use the Game if you are an adult of at least 18 (eighteen) years of age or if you are at least 17 (seventeen) years of age in applicable jurisdictions where you are legally permitted to purchase the Game.
2.4 By agreeing to the terms and conditions of this End User License Agreement, and installing and using the Game, you warrant that you are an adult of at least 18 (eighteen) years of age or have the consent of your parents or legal guardians to enter into and be bound by this End User License Agreement.
FROSTFIGHTSTUDIOS RIGHTS
3.1 You agree that FrostFightStudios may take whatever steps it deems necessary to deal with complaints or breaches (or suspected breaches) of this End User License Agreement, or to deal with or prevent any unacceptable behavior connected with the Game, including (without limitation):
3.1.1 warning users about particular behavior or actions;
3.1.2 deleting, suspending or terminating any FrostFight Account:
3.1.3 removing or modifying any User Generated Content;
3.2 If FrostFightStudios deletes, suspends or terminates a FrostFight Account in accordance with condition 3.1:
3.2.1 FrostFightStudios may delete, suspend or terminate any other FrostFight Accounts that share any of the same details (such as email address, Internet Protocol address, or credit card number) with the deleted, suspended or terminated FrostFight Account;
3.2.2 FrostFightStudios shall be entitled to prevent the user whose FrostFight Account has been deleted, suspended or terminated from accessing the Game in any manner or for any reason whatsoever (including via any other FrostFight Account) without the express written permission of FrostFightStudios;
3.2.3 the holder of the FrostFight Account must not attempt to re-register as a user.
AFTERFALL BRAND
4.1 You acknowledge that FrostFightStudios owns all of the Intellectual Property Rights in the marks, logos and concepts connected with the "Afterfall" brands and that you shall not disseminate, publish or copy the trademarks, service marks and logos of FrostFightStudios without FrostFightStudios prior written consent.
CONSENT TO MONITOR
4.1 You agree that FrostFightStudios shall be entitled, but not obliged, to monitor, record, review and modify any aspect of your FrostFight Account and your use of the Game (including, without limitation, your communications with others in connection with or as part of the Game (via the in-Game forums, VOIP or otherwise)) without notice to you, and you expressly consent to such monitoring, recording, reviewing and modifying taking place. YOU THEREFORE MUST NOT HAVE ANY EXPECTATION OF PRIVACY WHEN USING THE SERVICE, SOFTWARE OR PLAYING THE GAME.
4.2 Without prejudice to the generality of condition 15.1, you also agree that:
4.2.1 FrostFightStudios shall be entitled to monitor for the use of unauthorized third party software and the introduction of any unauthorized modifications or files to any part of the Game;
4.2.2 when the Game is running, FrostFightStudios may obtain certain information about your computer and its operating system, including without limitation, its hard drive(s), random access memory (RAM), video card, central processing unit, Internet Protocol (IP) address(es) and operating system(s);
4.2.3 FrostFightStudios may, without notice to you, disclose your IP address(es), personal information, communications, and other information about you and your activities to third parties if such disclosure is required by law (or FrostFightStudios reasonably considers that such disclosure is required by law) or required to enforce the End User License Agreement.
SERVICE INTERRUPTIONS
5.1 FrostFightStudios cannot guarantee that you will always be able to access the Game and/or your FrostFight Account at all times. A non-exhaustive list of reasons why access may not be possible includes:
5.1.1 maintenance - FrostFightStudios reserve the right to interrupt the Game from time to time to perform maintenance;
5.1.2 force majeure - you acknowledge that the Game may be interrupted for reasons beyond the control of FrostFightStudios;
5.1.3 telecommunications failures - such as failure of your internet connection or an intermediary between your computer and the Game servers;
5.1.4 You agree that FrostFightStudios will not be liable for any inability to access your FrostFight Account or any interruption of the Game, arising in these circumstances and in such circumstance you will not be entitled to a refund on any unused [IngameMoney] that remain on your FrostFight Account.
DESCRIPTION OF THE GAME
6.1 Access to the basic version of the Game is available on Discord and Steam for free
The different ways in which the Game can be accessed / enjoyed:
6.2 You acknowledge that the Game is made up of different 'areas' and that it can be accessed and enjoyed by users in several different ways. Some examples of the different ways in which the Game can be accessed / enjoyed are set out below:
6.2.1 "Servers" - These are the Worlds within which a user can control a character and use his or her character to communicate or play against other users / characters within the Game;
Additional features / rewards:
6.3 You acknowledge that FrostFightStudios shall be under no obligation whatsoever to offer or continue to offer specific items, features, rewards or services to you as part of the Game, or at specific stages of the Game. Any items, features, rewards or services will be offered by FrostFightStudios in its absolute discretion, and functionality may vary from time to time. FrostFightStudios reserves the right at any time for any reason to change and/or eliminate any aspect(s) of the Game as it sees fit in its sole discretion.
Connection:
6.4 You acknowledge that you will require internet access in order to use the Game and that FrostFightStudios does not provide such internet access. You are wholly responsible for the cost of all telephone and internet access charges, along with all necessary equipment, servicing, repair or corrections that are required to maintain connectivity to the servers used to run the Game.
FROSTFIGHT ACCOUNT
7.1 When you first create a FrostFight Account you will be required to choose a name, mail and password that will:
7.1.1 identify you to FrostFightStudio and FrostFightStudios staff;
7.2 Your name will be the name that appears on all in-Game forums when your FrostFight Account is being used to communicate on such in-Game forums. Your name will be different from other names (for example character names or names appearing on User Generated Content) that you generate or create within the Game.
7.3 You acknowledge and agree that:
7.3.1 you shall have no ownership or other property interest in your FrostFight Account (including, without limitation in your name and password details), and that the rights in and to your FrostFight Account shall remain the sole and exclusive property of FrostFightStudios;
7.3.2 you are solely responsible for maintaining the security of your FrostFight Account (and ensuring your security codes are kept secret and secure);
7.3.3 all information and details provided by you at the time of creation of your FrostFight Account shall be complete and accurate in all respects, and you shall always keep such information and details updated;
7.3.4 you shall not, and you agree to not:
(a) share your password or other account details with anybody else;
(b) allow anybody else to use your FrostFight Account;
(c) redistribute, encumber, sell, rent, lease, sub-license or otherwise transfer rights to any part of (1) your name and password or (2) your FrostFight Account,
(d) exploit your FrostFight Account for any commercial purpose, including without limitation, allowing access to your FrostFight Account in exchange for payment outside of the Game, or allow any person or entity to commit any of the actions described in this condition.
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CODE OF CONDUCT:
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Afterfall of Conduct and Policies
We at FrostFightStudios appreciate your cooperation and hope you enjoy the exciting game and great company in our product Afterfall.
To keep Afterfall a fun place for everyone, we ask that you, a player of the Afterfall game ("Player" or "you"), show consideration for your fellow player.
This document contains the Afterfall Code of Conduct and other Afterfall rules and policies (collectively, the "Code").
The Code is intended for use by customers of Afterfall as a rulebook for behavior within the Afterfall game (the "Game") and related Afterfall services ("Services").
Afterfall support staff have final say over what constitutes a violation of this Code.
Afterfall reserves the right to change this Code and any other of its policies at any time.
Before playing the game we ask that you read the following rules. By playing the Game, you agree to abide by the Code.
A. General Rules of Conduct
While playing Afterfall, you must respect the rights of others and their rights to play and enjoy the game. Everyone must follow these basic guidelines, which will be enforced by FrostFightStudios Customer Service Staff.
1. Afterfall is committed to fair and equal treatment of all of its customers. If there is a suspected violation of this Code, we will use diligent efforts to investigate the matter. Violations of the Code may, at Afterfall's sole discretion, result in the immediate termination of Player's Account with no advance notice required and other actions which Afterfall may determine are necessary.
2. Player may not engage in any conduct or communication while using the Afterfall Services which is unlawful or which restricts or inhibits any other Player from using or enjoying these Services.
3. Player agrees to use the Afterfall Services only for lawful purposes. The list of prohibited conduct below provides examples of unacceptable conduct. The list is not exhaustive, and Afterfall reserves the right, but not the responsibility, to restrict conduct which Afterfall deems, in its sole discretion, to be harmful to individual members, damaging to the Services, or in violation of Afterfall' or any third party's rights. Afterfall may, but is not obligated to, delete or prohibit conduct, communication or content transmitted on Afterfall services that are deemed to be in violation of applicable laws or is harmful to other members, the Afterfall service community or the rights of Afterfall in general. Player acknowledges, however, that communication over the Afterfall Services often occurs in real-time and Afterfall cannot, and does not intend to, screen communication in advance.
4. Player will follow any instructions that are given to them by official representatives of Afterfall Customer Support. Arguing with or neglecting to comply with requests or instructions received from Afterfall Representatives is a violation of this Code and disciplinary action will be taken as deemed necessary.
5. "Role Playing" is not an excuse for violations of any policy.
B. Prohibited Conduct
PLAYER MAY NOT, IN CONNECTION WITH PLAYER'S USE OF AFTERFALL SERVICES:
1. Harass, threaten or embarrass another Player of the Services or to cause distress, unwanted attention or discomfort of such Player, or any other person or entity. Any form of personal attack upon a player by another player is strictly prohibited. Afterfall does not condone harassment in any form and may suspend or terminate the account of any Player who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
2. Use racial, ethnic, or religious slurs in game, chat rooms, and forums.
3. Post or transmit sexually explicit images, or point to or refer to such images. Use of profanity or sexually explicit language in Afterfall Services is strictly prohibited.
4. Organize or participate in any clans or groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.
5. Post or transmit any unlawful, harmful, threatening, abusive, obscene, vulgar, harassing, defamatory, hateful, racially, ethnically or otherwise objectionable content.
6. Post or transmit any content that infringes the copyright, trademark, right of publicity, right of privacy, or the personal, intellectual property or contractual right of any third party.
7. Impersonate any person, including, but not limited to, Afterfall employees, customer service representative or volunteers. Player shall not hold himself or herself out or portray himself or herself as an Afterfall staff member or employee while engaging in any form of online communication, including, but not limited to, member names, member profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of Afterfall staff shall be grounds for immediate account termination.
8. Engage in "disruptive behavior" in chat areas, game areas, forums, or any other area of the Afterfall Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of gameplay or dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
9. Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Afterfall Services and is considered a nuisance by many members. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
10. Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation, including links or URLs on the forums or game chat that point to content deemed inappropriate or a competing product to Afterfall.
11. Violate any operating rule, policy or guideline of any other online service. Player further agrees to abide by the rules of Player's Internet service provider.
12. Violate, with or without knowledge, any applicable local, state, national or international law or regulation.
13. Modify any files that Afterfall does not specifically authorize Player to modify. Use of material which is subject to the rights of any person or entity without the express permission of such rights holder is prohibited, and will result in the termination of Player's membership and possible civil and/or criminal liability.
14. Post or transmit any content or code that contains a virus, worm, Trojan horse, or other malicious code or information designed to alter or harm any system or data.
15. Abuse or exploit bugs, undocumented features, loopholes, design errors or problems in the game. Player acknowledges and agrees to report all problems, errors or bugs in the game to Afterfall as soon as they are found as their continued use can damage the enjoyment of the game for all its players. Those users caught cheating may suffer suspension from the Afterfall game, or manipulation of their character to remedy the game abuse. Please be considerate at all times of other members playing Afterfall. Afterfall will use diligent efforts to fix these types of issues in a timely manner, and will give all customers the benefit of the doubt when dealing with these problems.
16. Use any scripting or macroing tools, hardware or software.
17. Use any game hacking/altering/cheating software or tools.
18. Disassemble, reverse engineer or modify any of the Game's executable code, databases and/or files. Nor may you interfere with or attempt to decipher any transmissions to or from the servers running Afterfall.
19. Engage in any behavior that is contrary to the 'spirit of the game' as defined by Afterfall in its sole discretion.
20. Play Afterfall on any server or service that is not provided or authorized by Afterfall.
21. Shout excessively (use of all caps) or flood (continuous posting of repetitive text) in the Afterfall Chat areas or on its forums.
22. Use Afterfall for the promotion of illegal activities.
23. Threaten or harass any Afterfall employee or contractor.
C. Character and Clan Naming Policy
The guidelines listed below outline the types of names that you can NOT use, and apply to both first names and surnames, as well as clan names. You may not use names that are equivalent or substantially similar to:
1. Any names that violate this Code. This includes the use of names that are hateful, profane, defamatory, racist, religious slurs, ethnically offensive, obscene, vulgar, sexually explicit, sexual innuendo, or contain any other language that is offensive in nature.
2. Names that are harassing or defamatory to other players or employees of Afterfall.
3. Names of any employee of FrostFightStudios.
4. Names of copyrighted or trademarked characters, materials or products.
5. Names that are religiously or historically significant.
6. Proper names of areas within Afterfall.
7. Proper names of game creatures or characters within Afterfall.
8. Names containing titles or ranks within them.
9. Names that refer to illegal substances or drugs, or that are otherwise drug related.
10. Names where a combination of the first and last names violates any of the above rules.
11. Names that circumvent the naming filter.
C. Naming Policy Enforcement
If you violate any part of the above Naming Policy, these are the steps that will be followed to address the issue.
1. If you violate items C1 or C2 above, you may be issued a warning on your account, and will be given a new name by one of our customer service staff. If you would like to discuss the renaming, please send contact support via https://support.frostfightstudios.com/
2. For all other types of violations, you will need contact support with the following information within 72 hours from https://support.frostfightstudios.com/: your account name, the name of the character that was renamed, and 3 choices of names that you would like us to give you. This is intended to give you the opportunity to think about and choose your new name. If we do not receive a valid name from you within 72 hours, then the given name will remain.
Changing your name
# REMOVE IF IDEA GETS REJECTED FOR MARKETPLACE WEBAPP ########### You may purchase a Character name change from the Afterfall marketplace https://market.afterfall-game.com/shop/?q=Namechange
Harassment Policy
1. Please carefully read the Harassment Policy in the Code, which outlines exactly what harassment is, and how to report it if it happens to you.
2. We WILL be strictly enforcing the harassment policy as it is written in the Code.
D. Harassment Policy
In Afterfall, our goal is to build a strong community that offers a comfortable atmosphere for all of our players. This means seeing that players have the ability to combat antisocial behavior. Some tools created to achieve this purpose include the "Ignore Player" option and the obscenity filter. The "Ignore Player" (/ignore [Player Name]) option permanently blocks all of an offending player's comments, and you can also report offensive words to support from https://support.frostfightstudios.com/ and our staff will review them for potential inclusion in our obscenity filter.
What is considered harassment/griefing?
Harassment or griefing consists of flagrant misuse and abuse of game mechanics with the intention of distressing and offending other players. So what's a game mechanic? Game mechanics allow players to interact with the world and each other. For example, the ability to ram cars is a mechanic. The ability to place objects in front of objectives is a mechanic. Use of game mechanics like these is by no means considered harassment in and of itself. The key to determining whether the mechanic is being misused or abused is to determine "intent". What was the person trying to achieve through their actions? Were they purposefully trying to disrupt someone else's game? While an action may cause others distress, it is not considered harassment until it is determined by Afterfall that it was done to intentionally cause distress or to offend other players.
Also considered as harassment is any behavior that is incessant, inescapable, derogatory and directed specifically at you or your group. An important point to note regarding this type of harassment is that a genuine attempt to alleviate the situation must have been made. This could be an attempt to leave the area or the offending player, or simply the act of asking them politely to stop. If a sincere attempt has been made to solve the problem and the offending player persists in the harassing behavior, it can be considered harassment, and should be reported. For more information, see How Do I Report Harassment below. Behavior that is always considered harassment includes derogatory and/or hateful comments that are sexual, racist, religious, or related to gender or creed. Afterfall has a zero tolerance policy towards harassment of this kind, as stated in our Code.
Finally, mission 'ghosting' is also considered a form of harassment. Any attempt to modify the progress and/or outcome of a mission that you are not currently a part of is strictly prohibited. This includes, but is not limited to: scouting players, interfering with mission objectives, and communicating with players with the intent of providing any sort of advantage in their mission.
So what happens when I report harassment?
1. When harassment is reported it is immediately escalated, and investigated promptly.
2. We will observe the reported harassing behavior, and determine whether the harassment report is valid.
3. You will not be informed of the results of the investigation.
4. If the harassment is valid, we will take appropriate disciplinary action against the policy violator.
What are the penalties for harassment?
Afterfall condemns all forms of harassment in Afterfall, and this type of disruptive behavior will not be tolerated. Harassment is a severe offense in Afterfall and a clear violation of this Code.
A judgment of valid harassment can result in penalties placed on the harassing party up to and including immediate account closure, based on the severity of harassment and the player's past account history.
How do I report harassment?
Please report harassment to support from https://support.frostfightstudios.com/.
H. Account Security Policy
All account security is the sole responsibility of the Player. This includes hacking protection, password protection, virus protection, and anything else that has to do with computer or account security. If you believe that your account security has been compromised, please contact support at https://support.frostfightstudios.com/, and we will try to help you recover security on your account. This includes helping to change passwords, helping with billing issues, and offering basic suggestions for improving your account security.
If an account has been stolen, hacked, or in any other way compromised, we may suspend the account, to protect the characters and items within, while we investigate fully. We apologize for any inconvenience that this may cause, and we will complete the investigation in as timely a manner as possible. Once a thorough investigation has been performed, we will determine the appropriate course of action.
Once our investigation is complete, if we find someone who is involved with hacking or theft of accounts, they will have all of their accounts banned.
Remember, you are liable for all actions on your account. Never provide anyone with your account information. If you've given someone access to your account, support will not be able to assist with regaining access to the account.
Character Deletion Policy
Because of the difficulty in deleting any character within Afterfall (you have to actually type in the character name after clicking the "Delete" button), we will not restore any character that was deleted. As always, if a problem occurs within the game that is due to a bug, we will investigate fully and take all feasible and appropriate action, including restoration, if possible.
E. Item Reimbursement Policy
Items will not be reimbursed for any reason except as follows: if you lose an item due to a game anomaly or verified bug, we will investigate the issue, and determine if a feasible reimbursement is possible.
F. Disciplinary Policy
It is Afterfall's intent to provide a game that everyone can enjoy without the intrusion of Afterfall Employees. However, there are times when issues arise that violate this. When this happens, our in-game support staff will use its best efforts to investigate each incident fully and attempt to be fair and equitable in our dealings with everyone involved.
Afterfall Staff have final say over what constitutes a violation of this Code. We reserve the right to delete characters or entire accounts as we see fit, without warning. Afterfall reserves the right to change its policies at any time. Check this page for updates to the Afterfall Code of Conduct.
1. A player who violates the Code of Conduct will typically be warned by an Afterfall Staff Member. If this happens, we will mark the player's account with the warning and any details, which will stay on the account. We will send an e-mail to the Player describing what happened and what it means. If a player continues inappropriate behavior, he or she will be contacted by an Afterfall Administrator, and may be given an additional warning, locked from the Game temporarily, or permanently removed from Afterfall.
2. If a particular player consistently engages in inappropriate behavior, the player will be permanently banned from Afterfall. Banned users will be sent e-mail explaining why they were banned to the e-mail address they have listed in their account information. Some violations can result in a lockout or permanent ban, without warning.
3. We may do nothing at all. If we find that there was no violation.
4. We may suspend the player's account. This is intended to be a "time-out" period that allows the player to think about their actions and cool down. If this happens we will mark the account with a suspension and any details, which will stay on the account. The player will be sent an e-mail explaining what happened, and what it means.
6. We may Lock (ban) the account permanently. If this happens we will mark the account as Banned. The player will be sent an e-mail explaining what happened, and what it means.
7. Your uploaded files, and your participation in forums and chats, are subject to review, modification, and deletion, without notice, by the forum manager or volunteers responsible for the Afterfall game.
8. Game administrators are unable to monitor Member's conversations or game play all the time and therefore certain users are empowered to boot players and otherwise enforce the Code of Conduct.
9. Any user who posts Web links or URLs on the forums or game chat that point to content deemed inappropriate or competing by the Afterfall staff will have their forum and game privileges for the Afterfall revoked.
10. Files uploaded to a forum may be subject to posted limitations on usage, reproduction, and/or dissemination and you are responsible for adhering to these limitations if you download them.
Note: We do not provide proof or full details on accounts that have been banned for Code of Conduct or Terms of Use violations.
*Emails are sent as a courtesy to the players and if you do not receive one you can contact customer service for further information at https://support.frostfightstudios.com/
INTELLECTUAL PROPERTY AND OWNERSHIP
FrostFightStudios shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of FrostFightStudios.
FrostFightStudios reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to FrostFightStudios.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
DISCLAIMERS AND LIMITATION OF LIABILITY
Afterfall 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. FrostFightStudios, 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, FrostFightStudios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Afterfall, (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 Afterfall, or will not revoke approval of Afterfall 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 FrostFightStudios and Epic. FrostFightStudios, 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 FrostFightStudios, Epic, Epic’s licensors, nor its or their affiliates, nor any of FrostFightStudios 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 FrostFightStudios, Epic, Epic’s licensors, nor its or their affiliates, nor any of FrostFightStudios 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 FrostFightStudios, 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 FrostFightStudios, 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 FrostFightStudios, Epic, Epic’s licensors, its and their affiliates, and any of FrostFightStudios or Epic’s service providers shall be limited to the full extent permitted by law.
DATA PROTECTION
Your data protection rights are set out in our Privacy Policy at frostfightstudios.com/imprint?show=policy.
GOVERNING LAW
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.
This End-User License Agreement ("EULA") is a legal agreement between you and FrostFightStudios
"Afterfall" is an online game service provided by FrostFightStudios (together with any additional features in connection with the game, including, without limitation, in-game forums) (the "Service"), is governed by these terms and conditions, any other terms referred to or incorporated by reference, and any other requirements set out in our website ( collectively referred to as "the End User License Agreement" or "this End User License Agreement"). The Software and the Service are collectively referred to as the "Game."
This EULA agreement governs your acquisition and use of Afterfall ("Software") directly from FrostFightStudios or indirectly through a FrostFightStudios authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Afterfall. It provides a license to use the Afterfall and contains warranty information and liability disclaimers.
If you register for a free trial of the Afterfall, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Afterfall, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by FrostFightStudios herewith regardless of whether other software is referred to or described herein. The terms also apply to any FrostFightStudios updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
LICENSE GRANT
FrostFightStudios hereby grants you a personal, non-transferable, non-exclusive licence to use the Afterfall on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Afterfall under your control. You are responsible for ensuring your device meets the minimum requirements for Afterfall.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that FrostFightStudios considers is a breach of this EULA agreement
INTELLECTUAL PROPERTY RIGHTS
1.1 In this End User License Agreement the following terms have the meanings set out below:
1.1.1 "IPR": intellectual property rights, including patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
1.1.2 "FrostFightStudios Content": the Game, its software, code, structures, textures and images and all other aspects of it as owned and/or created by FrostFightStudios and/or licensed to FrostFightStudios;
1.1.3 "User Generated Content": content generated by users in the course of playing the Game, including without limitation designs, style, images, items, symbols, logos and items created by a user in playing the Game and whether created by you personally or purchased from another user. For the avoidance of doubt, User Generated Content also includes the content of all verbal and written communication issued by users in playing the Game.
1.2 Any and all IPR in FrostFightStudios Content belongs to FrostFightStudios or the third parties from whom FrostFightStudios has obtained a license to use such content within the Game, and you acknowledge and agree that you have no rights of ownership in respect of such IPR.
1.3 The Limited Use License granted to you by condition 2 above shall apply to any and all IPR in FrostFightStudios Content.
1.4 You hereby grant FrostFightStudios a non-exclusive, sub-licensable, perpetual, irrevocable, royalty-free, worldwide license to use for any purpose whatsoever, in any languages and in any media (whether known or not yet known) any and all User Generated Content and any and all associated IPR which you may generate in the course of playing the Game.
1.5 You acknowledge and agree that any User Generated Content will be created using assets provided by the Service and/or will be derivative of FrostFightStudios Content. You agree that:
1.5.1 You will use User Generated Content only within the Game and for non-commercial purposes;
1.5.2 You will not license, sub-license or assign the right to use or exploit User Generated Content, or any associated IPR, to any third party without FrostFightStudios written consent;
1.5.3 You irrevocably appoint FrostFightStudios as your agent for the purpose of removing or taking down any User Generated Content, whether from within the Game or elsewhere, where there has been a breach of the Rules of Conduct set out in condition 9, or any other breach of the terms and conditions of this End User License Agreement in response to a complaint or valid take down notice, (as referred to in condition 11) or otherwise at FrostFightStudios discretion.
1.6 You hereby absolutely, irrevocably and unconditionally waive, so far as is legally possible, any and all moral rights which may subsist in User Generated Content created by you, and any broadly equivalent rights which you may have in any territory of the world.
CONDITIONS OF USE OF THE GAME
Software and FrostFight Account:
2.1 You acknowledge and agree that you shall not be able, or entitled, to use the Game unless you have first:
2.1.1 downloaded and installed the Game;
2.1.2 downloaded and installed any authorized third party software that is required to run the Game ("Third Party Software");
2.1.3 created and established a user account with FrostFightStudios (a "FrostFight Account") on FrostFightStudios centralized account system relating to the Game; and
2.1.4 agreed to and accepted the terms and conditions of the End User License Agreement.
Third Party Software:
2.2 You acknowledge and agree that:
2.2.1 the Third Party Software is licensed to you under separate terms and conditions to this End User License Agreement;
2.2.2 the Third Party Software is licensed to you directly by the third party licensor or third party supplier of such Third Party Software and is licensed subject to the respective third-party licensor's or third party supplier's terms of use and policies, which shall solely govern the use of the Third Party Software;
2.2.3 any warranty given by the relevant third party licensor or third party supplier in respect of the Third Party Software shall be the only warranty given in respect of the Third Party Software. Neither FrostFightStudios gives any warranty or other assurance, whether express or implied, in respect of the functioning, quality or performance of Third Party Software;
2.2.4 you may view the relevant third party licensor's or third party supplier's terms of use and policies prior to downloading and installing the Third Party Software. We advise that you read these carefully prior to downloading and installing the Third Party Software. Your acceptance under condition 1.2 above constitutes acceptance of such terms in addition to those set out in this End User License Agreement.
Eligibility:
2.3 You acknowledge and agree that you shall only be entitled to use the Game if you are an adult of at least 18 (eighteen) years of age or if you are at least 17 (seventeen) years of age in applicable jurisdictions where you are legally permitted to purchase the Game.
2.4 By agreeing to the terms and conditions of this End User License Agreement, and installing and using the Game, you warrant that you are an adult of at least 18 (eighteen) years of age or have the consent of your parents or legal guardians to enter into and be bound by this End User License Agreement.
FROSTFIGHTSTUDIOS RIGHTS
3.1 You agree that FrostFightStudios may take whatever steps it deems necessary to deal with complaints or breaches (or suspected breaches) of this End User License Agreement, or to deal with or prevent any unacceptable behavior connected with the Game, including (without limitation):
3.1.1 warning users about particular behavior or actions;
3.1.2 deleting, suspending or terminating any FrostFight Account:
3.1.3 removing or modifying any User Generated Content;
3.2 If FrostFightStudios deletes, suspends or terminates a FrostFight Account in accordance with condition 3.1:
3.2.1 FrostFightStudios may delete, suspend or terminate any other FrostFight Accounts that share any of the same details (such as email address, Internet Protocol address, or credit card number) with the deleted, suspended or terminated FrostFight Account;
3.2.2 FrostFightStudios shall be entitled to prevent the user whose FrostFight Account has been deleted, suspended or terminated from accessing the Game in any manner or for any reason whatsoever (including via any other FrostFight Account) without the express written permission of FrostFightStudios;
3.2.3 the holder of the FrostFight Account must not attempt to re-register as a user.
AFTERFALL BRAND
4.1 You acknowledge that FrostFightStudios owns all of the Intellectual Property Rights in the marks, logos and concepts connected with the "Afterfall" brands and that you shall not disseminate, publish or copy the trademarks, service marks and logos of FrostFightStudios without FrostFightStudios prior written consent.
CONSENT TO MONITOR
4.1 You agree that FrostFightStudios shall be entitled, but not obliged, to monitor, record, review and modify any aspect of your FrostFight Account and your use of the Game (including, without limitation, your communications with others in connection with or as part of the Game (via the in-Game forums, VOIP or otherwise)) without notice to you, and you expressly consent to such monitoring, recording, reviewing and modifying taking place. YOU THEREFORE MUST NOT HAVE ANY EXPECTATION OF PRIVACY WHEN USING THE SERVICE, SOFTWARE OR PLAYING THE GAME.
4.2 Without prejudice to the generality of condition 15.1, you also agree that:
4.2.1 FrostFightStudios shall be entitled to monitor for the use of unauthorized third party software and the introduction of any unauthorized modifications or files to any part of the Game;
4.2.2 when the Game is running, FrostFightStudios may obtain certain information about your computer and its operating system, including without limitation, its hard drive(s), random access memory (RAM), video card, central processing unit, Internet Protocol (IP) address(es) and operating system(s);
4.2.3 FrostFightStudios may, without notice to you, disclose your IP address(es), personal information, communications, and other information about you and your activities to third parties if such disclosure is required by law (or FrostFightStudios reasonably considers that such disclosure is required by law) or required to enforce the End User License Agreement.
SERVICE INTERRUPTIONS
5.1 FrostFightStudios cannot guarantee that you will always be able to access the Game and/or your FrostFight Account at all times. A non-exhaustive list of reasons why access may not be possible includes:
5.1.1 maintenance - FrostFightStudios reserve the right to interrupt the Game from time to time to perform maintenance;
5.1.2 force majeure - you acknowledge that the Game may be interrupted for reasons beyond the control of FrostFightStudios;
5.1.3 telecommunications failures - such as failure of your internet connection or an intermediary between your computer and the Game servers;
5.1.4 You agree that FrostFightStudios will not be liable for any inability to access your FrostFight Account or any interruption of the Game, arising in these circumstances and in such circumstance you will not be entitled to a refund on any unused [IngameMoney] that remain on your FrostFight Account.
DESCRIPTION OF THE GAME
6.1 Access to the basic version of the Game is available on Discord and Steam for free
The different ways in which the Game can be accessed / enjoyed:
6.2 You acknowledge that the Game is made up of different 'areas' and that it can be accessed and enjoyed by users in several different ways. Some examples of the different ways in which the Game can be accessed / enjoyed are set out below:
6.2.1 "Servers" - These are the Worlds within which a user can control a character and use his or her character to communicate or play against other users / characters within the Game;
Additional features / rewards:
6.3 You acknowledge that FrostFightStudios shall be under no obligation whatsoever to offer or continue to offer specific items, features, rewards or services to you as part of the Game, or at specific stages of the Game. Any items, features, rewards or services will be offered by FrostFightStudios in its absolute discretion, and functionality may vary from time to time. FrostFightStudios reserves the right at any time for any reason to change and/or eliminate any aspect(s) of the Game as it sees fit in its sole discretion.
Connection:
6.4 You acknowledge that you will require internet access in order to use the Game and that FrostFightStudios does not provide such internet access. You are wholly responsible for the cost of all telephone and internet access charges, along with all necessary equipment, servicing, repair or corrections that are required to maintain connectivity to the servers used to run the Game.
FROSTFIGHT ACCOUNT
7.1 When you first create a FrostFight Account you will be required to choose a name, mail and password that will:
7.1.1 identify you to FrostFightStudio and FrostFightStudios staff;
7.2 Your name will be the name that appears on all in-Game forums when your FrostFight Account is being used to communicate on such in-Game forums. Your name will be different from other names (for example character names or names appearing on User Generated Content) that you generate or create within the Game.
7.3 You acknowledge and agree that:
7.3.1 you shall have no ownership or other property interest in your FrostFight Account (including, without limitation in your name and password details), and that the rights in and to your FrostFight Account shall remain the sole and exclusive property of FrostFightStudios;
7.3.2 you are solely responsible for maintaining the security of your FrostFight Account (and ensuring your security codes are kept secret and secure);
7.3.3 all information and details provided by you at the time of creation of your FrostFight Account shall be complete and accurate in all respects, and you shall always keep such information and details updated;
7.3.4 you shall not, and you agree to not:
(a) share your password or other account details with anybody else;
(b) allow anybody else to use your FrostFight Account;
(c) redistribute, encumber, sell, rent, lease, sub-license or otherwise transfer rights to any part of (1) your name and password or (2) your FrostFight Account,
(d) exploit your FrostFight Account for any commercial purpose, including without limitation, allowing access to your FrostFight Account in exchange for payment outside of the Game, or allow any person or entity to commit any of the actions described in this condition.
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CODE OF CONDUCT:
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Afterfall of Conduct and Policies
We at FrostFightStudios appreciate your cooperation and hope you enjoy the exciting game and great company in our product Afterfall.
To keep Afterfall a fun place for everyone, we ask that you, a player of the Afterfall game ("Player" or "you"), show consideration for your fellow player.
This document contains the Afterfall Code of Conduct and other Afterfall rules and policies (collectively, the "Code").
The Code is intended for use by customers of Afterfall as a rulebook for behavior within the Afterfall game (the "Game") and related Afterfall services ("Services").
Afterfall support staff have final say over what constitutes a violation of this Code.
Afterfall reserves the right to change this Code and any other of its policies at any time.
Before playing the game we ask that you read the following rules. By playing the Game, you agree to abide by the Code.
A. General Rules of Conduct
While playing Afterfall, you must respect the rights of others and their rights to play and enjoy the game. Everyone must follow these basic guidelines, which will be enforced by FrostFightStudios Customer Service Staff.
1. Afterfall is committed to fair and equal treatment of all of its customers. If there is a suspected violation of this Code, we will use diligent efforts to investigate the matter. Violations of the Code may, at Afterfall's sole discretion, result in the immediate termination of Player's Account with no advance notice required and other actions which Afterfall may determine are necessary.
2. Player may not engage in any conduct or communication while using the Afterfall Services which is unlawful or which restricts or inhibits any other Player from using or enjoying these Services.
3. Player agrees to use the Afterfall Services only for lawful purposes. The list of prohibited conduct below provides examples of unacceptable conduct. The list is not exhaustive, and Afterfall reserves the right, but not the responsibility, to restrict conduct which Afterfall deems, in its sole discretion, to be harmful to individual members, damaging to the Services, or in violation of Afterfall' or any third party's rights. Afterfall may, but is not obligated to, delete or prohibit conduct, communication or content transmitted on Afterfall services that are deemed to be in violation of applicable laws or is harmful to other members, the Afterfall service community or the rights of Afterfall in general. Player acknowledges, however, that communication over the Afterfall Services often occurs in real-time and Afterfall cannot, and does not intend to, screen communication in advance.
4. Player will follow any instructions that are given to them by official representatives of Afterfall Customer Support. Arguing with or neglecting to comply with requests or instructions received from Afterfall Representatives is a violation of this Code and disciplinary action will be taken as deemed necessary.
5. "Role Playing" is not an excuse for violations of any policy.
B. Prohibited Conduct
PLAYER MAY NOT, IN CONNECTION WITH PLAYER'S USE OF AFTERFALL SERVICES:
1. Harass, threaten or embarrass another Player of the Services or to cause distress, unwanted attention or discomfort of such Player, or any other person or entity. Any form of personal attack upon a player by another player is strictly prohibited. Afterfall does not condone harassment in any form and may suspend or terminate the account of any Player who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
2. Use racial, ethnic, or religious slurs in game, chat rooms, and forums.
3. Post or transmit sexually explicit images, or point to or refer to such images. Use of profanity or sexually explicit language in Afterfall Services is strictly prohibited.
4. Organize or participate in any clans or groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.
5. Post or transmit any unlawful, harmful, threatening, abusive, obscene, vulgar, harassing, defamatory, hateful, racially, ethnically or otherwise objectionable content.
6. Post or transmit any content that infringes the copyright, trademark, right of publicity, right of privacy, or the personal, intellectual property or contractual right of any third party.
7. Impersonate any person, including, but not limited to, Afterfall employees, customer service representative or volunteers. Player shall not hold himself or herself out or portray himself or herself as an Afterfall staff member or employee while engaging in any form of online communication, including, but not limited to, member names, member profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of Afterfall staff shall be grounds for immediate account termination.
8. Engage in "disruptive behavior" in chat areas, game areas, forums, or any other area of the Afterfall Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of gameplay or dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
9. Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Afterfall Services and is considered a nuisance by many members. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
10. Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation, including links or URLs on the forums or game chat that point to content deemed inappropriate or a competing product to Afterfall.
11. Violate any operating rule, policy or guideline of any other online service. Player further agrees to abide by the rules of Player's Internet service provider.
12. Violate, with or without knowledge, any applicable local, state, national or international law or regulation.
13. Modify any files that Afterfall does not specifically authorize Player to modify. Use of material which is subject to the rights of any person or entity without the express permission of such rights holder is prohibited, and will result in the termination of Player's membership and possible civil and/or criminal liability.
14. Post or transmit any content or code that contains a virus, worm, Trojan horse, or other malicious code or information designed to alter or harm any system or data.
15. Abuse or exploit bugs, undocumented features, loopholes, design errors or problems in the game. Player acknowledges and agrees to report all problems, errors or bugs in the game to Afterfall as soon as they are found as their continued use can damage the enjoyment of the game for all its players. Those users caught cheating may suffer suspension from the Afterfall game, or manipulation of their character to remedy the game abuse. Please be considerate at all times of other members playing Afterfall. Afterfall will use diligent efforts to fix these types of issues in a timely manner, and will give all customers the benefit of the doubt when dealing with these problems.
16. Use any scripting or macroing tools, hardware or software.
17. Use any game hacking/altering/cheating software or tools.
18. Disassemble, reverse engineer or modify any of the Game's executable code, databases and/or files. Nor may you interfere with or attempt to decipher any transmissions to or from the servers running Afterfall.
19. Engage in any behavior that is contrary to the 'spirit of the game' as defined by Afterfall in its sole discretion.
20. Play Afterfall on any server or service that is not provided or authorized by Afterfall.
21. Shout excessively (use of all caps) or flood (continuous posting of repetitive text) in the Afterfall Chat areas or on its forums.
22. Use Afterfall for the promotion of illegal activities.
23. Threaten or harass any Afterfall employee or contractor.
C. Character and Clan Naming Policy
The guidelines listed below outline the types of names that you can NOT use, and apply to both first names and surnames, as well as clan names. You may not use names that are equivalent or substantially similar to:
1. Any names that violate this Code. This includes the use of names that are hateful, profane, defamatory, racist, religious slurs, ethnically offensive, obscene, vulgar, sexually explicit, sexual innuendo, or contain any other language that is offensive in nature.
2. Names that are harassing or defamatory to other players or employees of Afterfall.
3. Names of any employee of FrostFightStudios.
4. Names of copyrighted or trademarked characters, materials or products.
5. Names that are religiously or historically significant.
6. Proper names of areas within Afterfall.
7. Proper names of game creatures or characters within Afterfall.
8. Names containing titles or ranks within them.
9. Names that refer to illegal substances or drugs, or that are otherwise drug related.
10. Names where a combination of the first and last names violates any of the above rules.
11. Names that circumvent the naming filter.
C. Naming Policy Enforcement
If you violate any part of the above Naming Policy, these are the steps that will be followed to address the issue.
1. If you violate items C1 or C2 above, you may be issued a warning on your account, and will be given a new name by one of our customer service staff. If you would like to discuss the renaming, please send contact support via https://support.frostfightstudios.com/
2. For all other types of violations, you will need contact support with the following information within 72 hours from https://support.frostfightstudios.com/: your account name, the name of the character that was renamed, and 3 choices of names that you would like us to give you. This is intended to give you the opportunity to think about and choose your new name. If we do not receive a valid name from you within 72 hours, then the given name will remain.
Changing your name
# REMOVE IF IDEA GETS REJECTED FOR MARKETPLACE WEBAPP ########### You may purchase a Character name change from the Afterfall marketplace https://market.afterfall-game.com/shop/?q=Namechange
Harassment Policy
1. Please carefully read the Harassment Policy in the Code, which outlines exactly what harassment is, and how to report it if it happens to you.
2. We WILL be strictly enforcing the harassment policy as it is written in the Code.
D. Harassment Policy
In Afterfall, our goal is to build a strong community that offers a comfortable atmosphere for all of our players. This means seeing that players have the ability to combat antisocial behavior. Some tools created to achieve this purpose include the "Ignore Player" option and the obscenity filter. The "Ignore Player" (/ignore [Player Name]) option permanently blocks all of an offending player's comments, and you can also report offensive words to support from https://support.frostfightstudios.com/ and our staff will review them for potential inclusion in our obscenity filter.
What is considered harassment/griefing?
Harassment or griefing consists of flagrant misuse and abuse of game mechanics with the intention of distressing and offending other players. So what's a game mechanic? Game mechanics allow players to interact with the world and each other. For example, the ability to ram cars is a mechanic. The ability to place objects in front of objectives is a mechanic. Use of game mechanics like these is by no means considered harassment in and of itself. The key to determining whether the mechanic is being misused or abused is to determine "intent". What was the person trying to achieve through their actions? Were they purposefully trying to disrupt someone else's game? While an action may cause others distress, it is not considered harassment until it is determined by Afterfall that it was done to intentionally cause distress or to offend other players.
Also considered as harassment is any behavior that is incessant, inescapable, derogatory and directed specifically at you or your group. An important point to note regarding this type of harassment is that a genuine attempt to alleviate the situation must have been made. This could be an attempt to leave the area or the offending player, or simply the act of asking them politely to stop. If a sincere attempt has been made to solve the problem and the offending player persists in the harassing behavior, it can be considered harassment, and should be reported. For more information, see How Do I Report Harassment below. Behavior that is always considered harassment includes derogatory and/or hateful comments that are sexual, racist, religious, or related to gender or creed. Afterfall has a zero tolerance policy towards harassment of this kind, as stated in our Code.
Finally, mission 'ghosting' is also considered a form of harassment. Any attempt to modify the progress and/or outcome of a mission that you are not currently a part of is strictly prohibited. This includes, but is not limited to: scouting players, interfering with mission objectives, and communicating with players with the intent of providing any sort of advantage in their mission.
So what happens when I report harassment?
1. When harassment is reported it is immediately escalated, and investigated promptly.
2. We will observe the reported harassing behavior, and determine whether the harassment report is valid.
3. You will not be informed of the results of the investigation.
4. If the harassment is valid, we will take appropriate disciplinary action against the policy violator.
What are the penalties for harassment?
Afterfall condemns all forms of harassment in Afterfall, and this type of disruptive behavior will not be tolerated. Harassment is a severe offense in Afterfall and a clear violation of this Code.
A judgment of valid harassment can result in penalties placed on the harassing party up to and including immediate account closure, based on the severity of harassment and the player's past account history.
How do I report harassment?
Please report harassment to support from https://support.frostfightstudios.com/.
H. Account Security Policy
All account security is the sole responsibility of the Player. This includes hacking protection, password protection, virus protection, and anything else that has to do with computer or account security. If you believe that your account security has been compromised, please contact support at https://support.frostfightstudios.com/, and we will try to help you recover security on your account. This includes helping to change passwords, helping with billing issues, and offering basic suggestions for improving your account security.
If an account has been stolen, hacked, or in any other way compromised, we may suspend the account, to protect the characters and items within, while we investigate fully. We apologize for any inconvenience that this may cause, and we will complete the investigation in as timely a manner as possible. Once a thorough investigation has been performed, we will determine the appropriate course of action.
Once our investigation is complete, if we find someone who is involved with hacking or theft of accounts, they will have all of their accounts banned.
Remember, you are liable for all actions on your account. Never provide anyone with your account information. If you've given someone access to your account, support will not be able to assist with regaining access to the account.
Character Deletion Policy
Because of the difficulty in deleting any character within Afterfall (you have to actually type in the character name after clicking the "Delete" button), we will not restore any character that was deleted. As always, if a problem occurs within the game that is due to a bug, we will investigate fully and take all feasible and appropriate action, including restoration, if possible.
E. Item Reimbursement Policy
Items will not be reimbursed for any reason except as follows: if you lose an item due to a game anomaly or verified bug, we will investigate the issue, and determine if a feasible reimbursement is possible.
F. Disciplinary Policy
It is Afterfall's intent to provide a game that everyone can enjoy without the intrusion of Afterfall Employees. However, there are times when issues arise that violate this. When this happens, our in-game support staff will use its best efforts to investigate each incident fully and attempt to be fair and equitable in our dealings with everyone involved.
Afterfall Staff have final say over what constitutes a violation of this Code. We reserve the right to delete characters or entire accounts as we see fit, without warning. Afterfall reserves the right to change its policies at any time. Check this page for updates to the Afterfall Code of Conduct.
1. A player who violates the Code of Conduct will typically be warned by an Afterfall Staff Member. If this happens, we will mark the player's account with the warning and any details, which will stay on the account. We will send an e-mail to the Player describing what happened and what it means. If a player continues inappropriate behavior, he or she will be contacted by an Afterfall Administrator, and may be given an additional warning, locked from the Game temporarily, or permanently removed from Afterfall.
2. If a particular player consistently engages in inappropriate behavior, the player will be permanently banned from Afterfall. Banned users will be sent e-mail explaining why they were banned to the e-mail address they have listed in their account information. Some violations can result in a lockout or permanent ban, without warning.
3. We may do nothing at all. If we find that there was no violation.
4. We may suspend the player's account. This is intended to be a "time-out" period that allows the player to think about their actions and cool down. If this happens we will mark the account with a suspension and any details, which will stay on the account. The player will be sent an e-mail explaining what happened, and what it means.
6. We may Lock (ban) the account permanently. If this happens we will mark the account as Banned. The player will be sent an e-mail explaining what happened, and what it means.
7. Your uploaded files, and your participation in forums and chats, are subject to review, modification, and deletion, without notice, by the forum manager or volunteers responsible for the Afterfall game.
8. Game administrators are unable to monitor Member's conversations or game play all the time and therefore certain users are empowered to boot players and otherwise enforce the Code of Conduct.
9. Any user who posts Web links or URLs on the forums or game chat that point to content deemed inappropriate or competing by the Afterfall staff will have their forum and game privileges for the Afterfall revoked.
10. Files uploaded to a forum may be subject to posted limitations on usage, reproduction, and/or dissemination and you are responsible for adhering to these limitations if you download them.
Note: We do not provide proof or full details on accounts that have been banned for Code of Conduct or Terms of Use violations.
*Emails are sent as a courtesy to the players and if you do not receive one you can contact customer service for further information at https://support.frostfightstudios.com/
INTELLECTUAL PROPERTY AND OWNERSHIP
FrostFightStudios shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of FrostFightStudios.
FrostFightStudios reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to FrostFightStudios.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
DISCLAIMERS AND LIMITATION OF LIABILITY
Afterfall 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. FrostFightStudios, 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, FrostFightStudios, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in Afterfall, (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 Afterfall, or will not revoke approval of Afterfall 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 FrostFightStudios and Epic. FrostFightStudios, 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 FrostFightStudios, Epic, Epic’s licensors, nor its or their affiliates, nor any of FrostFightStudios 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 FrostFightStudios, Epic, Epic’s licensors, nor its or their affiliates, nor any of FrostFightStudios 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 FrostFightStudios, 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 FrostFightStudios, 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 FrostFightStudios, Epic, Epic’s licensors, its and their affiliates, and any of FrostFightStudios or Epic’s service providers shall be limited to the full extent permitted by law.
DATA PROTECTION
Your data protection rights are set out in our Privacy Policy at frostfightstudios.com/imprint?show=policy.
GOVERNING LAW
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.