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END USER LICENSE AGREEMENT
This End User License Agreement (this “Agreement” or “EULA”) is between you and Black Rust LLC (“Black Rust”
or "Company"). This Agreement will govern your relationship with Black Rust and your use of the video game
titled Tides of Tethys and any related downloadable content (the "Game"). Please read this Agreement carefully
as installation and/or use of the Game indicates your acceptance of this Agreement.
THE GAME IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE
USING THIS GAME OR ANY MATERIALS OR DOCUMENTATION INCLUDED WITH THE GAME, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT
IS NOT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT IS EXPRESSLY PROHIBITED.
(1) Ownership
1.1 Ownership
All content included as part of the Game, including but not limited to, text, code, graphics, logos, images, and
other materials contained therein, as well as the compilation thereof, and the look and feel of the Game, is owned
and licensed by Company and is protected by Intellectual Property Rights and other proprietary rights laws. For
purposes of this Agreement, “Intellectual Property Rights” means, without limitation, copyrights, trademarks,
service marks, patents, trade secrets, trade dress, logos, and all other proprietary rights. The Company reserves
all right, title, and interest in and to the Game, including without limitation all Intellectual Property Rights and
other proprietary rights. Use, reproduction, copying, or redistribution of any of the Company’s Intellectual
Property Rights without the Company’s prior written permission is prohibited. You agree to observe and abide by
all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such
content and will not make any changes thereto.
1.2 Trademarks
The Black Rust logo, name, and all graphics contained in the Game are trademarks of the Company or its affiliates
and partners. Except as otherwise stated in this Agreement, nothing contained on the Game should be understood
as granting you a license to use any of Company’s trademarks, service marks, logos, or any of our other Intellectual
Property Rights. All trademarks or service marks appearing on or in the Game that are not owned by Black Rust
are the marks of their respective owners.
(2) Grant of License
2.1 License
Subject to your continued agreement and compliance with this EULA and any other relevant Company policies,
Company grants you a limited, non-exclusive, non-transferable, and revocable license, subject to the limitations
in this EULA, to download, install, and use the Game solely for personal, non-commercial purposes on devices that
you own or control. You agree that you will not use the Game for any other purpose not explicitly authorized in
this Agreement.
2.2 License Limitations
Any use of the Game in violation of the law orthis Agreement is strictly prohibited and may result in the immediate
revocation of your limited license at Company’s sole judgment or may subject you to liability for violations of law.
You agree and acknowledge that you will not directly or indirectly:
(i) Attempt to gain unauthorized access to the Game;
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(ii) Make the Game available on a network for use or download by other users;
(iii) Copy, modify, edit, create derivative works of, publicly display, publicly perform,
republish, transmit, distribute, lease, sell, rent, or otherwise exploit any part of the Game
or any other material obtained through the Game, including without limitation access to
or use of the Game;
(iv) Remove or modify any proprietary notices, marks, or labels contained within the Game
or any materials related to the Game;
(v) Attempt to or actually disrupt, restrict, or otherwise inhibit other person’s use or
enjoyment of the Game;
(vi) Reverse engineer, decompile, disassemble, or modify the Game, in whole or in part,
except as permitted by applicable law;
(vii) Use access services to obtain, generate, or infer any business information about Company
or Company Affiliates, including without limitation information about sales or revenue,
staff, technical stack, or statistics about users;
(viii) Promote, encourage, or participate in any activity involving the creation or distribution of
counterfeit versions of the Game, or taking advantage of or creating exploits, cheats,
bugs, or errors, except for the sole purpose of privately and directly notifying Company;
(ix) Transport, export, or re-export the Game to any country where its use would violate any
laws or regulations; and
(x) Attempt to or actually harass, threaten, bully, embarrass, abuse, or harm, or advocate or
incite harassment, abuse, or harm of another person, group, Company itself or any
Company affiliates;
(3) Use of the Game
3.1 Your Use of the Game
By using the Game, you warrant and represent that you: 1) are either over 18 years of age or, if (2) you are under
18 years old, that you are 13 years of age or older and you have obtained your parent or guardian’s consent to
download, install and use the Game as provided in Section 3.2 of this Agreement below, which they have read and
explained to you.
3.2 Use of the Game by a Minor
If you are the legal guardian of a minor, you can choose to allow use of the Game by that minor instead of yourself
subject to the following provisions:
(i) You acknowledge, and further agree that the aforementioned minor is entering into an
agreement with your consent;
(ii) You acknowledge, and further agree you are entirely responsible for all the provisions in
this EULA; and
(iii) You acknowledge, and further agree, you are legally responsible for all actions of that
minor, including but not limited to any payments, damages and/or liabilities related to
the actions of that minor, and agree to defend, indemnify and hold harmless Company
for any claims arising out of the actions of that minor.
3.3 Access and Availability
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You acknowledge that:
(i) Company may in its sole and absolute discretion provide subsequent amendments,
versions, enhancements, modifications, upgrades or patches related to any part of the
Game;
(ii) Company has absolute and sole discretion to immediately terminate or restrict access to
the Game, or any portion of the Game at any time, for any reason, without notice and
without liability to you;
(iii) Access to the Game may be interrupted for reasons within or beyond the control of
Company, and that Company cannot and does not guarantee you will be able to use the
Game whenever you wish to do so;
(iv) Company may not offer the Game in all countries or geographic locations; and
(v) You are solely responsible for any internet connection and/or mobile fees that you may
incur as a result of downloading, installing, or using the Game.
3.4 Trial
In the event this Game is provided to you as a trial, your use may be restricted. Use restrictions may apply to limit
the length of the playable game period, number of users, or any other features as necessary, in Company’s sole
discretion, to achieve the purpose of the trial. If you are playing a trial version of this Game, you agree to not to
use it beyond the expiration or termination of the trial period.
(4) Term and Termination
4.1 Term
Unless modified or amended by Company in writing, this Agreement and its provisions shall remain in full force
and effect upon your download, installation, and/or use of the Game until terminated by Company at any time
for any reason, with or without notice, or by you by deleting and removing all copies of the Game from the devices
on which you have installed it and destroying any copies of the Game in your possession.
4.2 Automatic Termination
This Agreement and any license granted herein will terminate automatically if you fail to abide by any term or
condition of this Agreement.
4.3 Effect of Termination
Upon termination of this Agreement, all rights granted to you will also terminate, and you must delete and remove
all copies of the Game from the devices on which you have installed it and destroying any copies of the Game in
your possession.
4.4 Survival
The following Sections of this Agreement shall survive termination: Section 1 (Ownership); Section 4 (Term and
Termination); Section 5 (Disclaimer, Warranty, and Liability); Section 6 (Indemnity); and Section 9 (General
Provisions). Termination of any license granted by Company under this agreement does not affect any other
provisions of this Agreement.
(5) Disclaimer, Warranty, and Liability
5.1 Warranty
The Game is provided by Company to you on an “as is” and “as available” basis. To the fullest extent permissible
by law, Company disclaims all warranties, express or implied, including without limitation implied warranties of
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merchantability and fitness for a particular purpose. Company does not warrant that the Game isfree from viruses
or other harmful components.
5.2 Limitation of Liability
You acknowledge that the Company and its affiliates will not be liable for any loss or damages, whether actual,
consequential, indirect, incidental, special, or exemplary damages, including for injury or loss of profits, goodwill
or data, in any way whatsoever arising out of the use of, or inability to use, the Game. To the fullest extent per-
missible by law, Company disclaims all other liability, including liability or damage to any device, except for cases
of fraudulent misrepresentation by Company.
To the maximum extent permissible under applicable laws, the aggregate liability of Company and/or its affiliates
arising out of or in connection with this Agreement and your use, or inability to use, the Game shall not exceed
the total amounts you have paid (if any) to Company and/or its affiliates in the one hundred and eighty days (180)
days immediately preceding the date on which you first assert any such claim. If you have not paid Company or
any affiliate any amount in the one hundred and eighty days (180) days immediately preceding the date on which
you first assert any such claim, your sole and exclusive remedy for any dispute with Company and/or any affiliate
is to cease using the Game.
5.3 Loss of Data
Company accepts no liability for lost or corrupted data resulting from your use of the Game and suggests you
back-up any data files related to the Game to another secure location on a regular basis.
(6) Indemnity
You agree to defend, indemnify and hold harmless Company, its affiliates, and any third-parties under agreement
with Company, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, share-
holder, director or officer of any of the foregoing, as well as any person using the Game and any person or entity
that becomes aware of your use of the Game at any time, with respect to any and all claims, liabilities, judgments,
awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs)
that arise under, from or in any way, directly or indirectly, relate to (i) your failure to comply with any provision
of this EULA; or (ii) your use or misuse of the Game.
Company and its affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
You acknowledge, and further agree that Company has no obligation to defend, indemnify or hold harmless you
in any way related to this Agreement, including but not limited to your use of the Game, use of the Game by any
person, or any connection between the foregoing and any other person or entity that becomes aware of your use
of the Game at any time.
(7) Data Collection
7.1 Use of your Data
You agree and consent to Company’s information collection and usage terms as set forth in this Agreement and
Company’s Privacy Policy. The collection and use of your information may include, but is not limited to, the
collection of your information by Black Rust, its affiliates, vendors, and business partners; and the transfer of your
personal information and other gameplay information, including geographic and telemetry data, to Black Rust’s
affiliates, vendors, business partners, and other third parties. You understand and agree that your information
may be transferred or used in countries with lower privacy protection standards.
7.2 Children's Online Privacy Protection Act (COPPA)
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We will not knowingly collect personal information from children under the age of 13. If we become aware that
personal information has been collected from a child under the age of 13, we will take reasonable steps to delete
such information as soon as possible. If you are a parent or guardian and become aware that your child has
provided Company with personal information without your consent, please contact Black Rust immediately.
7.3 Data Privacy
All data privacy issues, including Company’s collection, use, disclosure, and transfer of your personal information
and other information, are subject to the Company’s Privacy Policy. If you do not want your information used or
shared as described in this Agreement and the Company’s Privacy Policy, you should not install or use the Game.
(8) Dispute Resolution
8.1 Good Faith Resolution
In the event of a dispute between you and Black Rust or its affiliates, third-party developers, or partners, you
agree to attempt to negotiate the resolution informally and in good faith for at least sixty (60) days before initiating
any arbitration proceeding. Such informal negotiations commence upon the Company’s receipt of Notice from
you, which must include a sufficiently detailed description of the nature and basis of the claim or dispute and the
specific relief sought.
8.2 Mandatory Binding Arbitration
If you and Company cannot resolve a dispute through informal negotiations within sixty (60) days after receiving
a notice of dispute, or if Company, in its sole and absolute discretion, determines that it will not be possible to
satisfactorily resolve that dispute informally within said period, you agree that either you or Company may request
resolution by final and fully binding arbitration conducted under the rules and procedures of the American
Arbitration Association. The arbitrator cannot alter the terms of this Agreement and may award equitable relief
to enforce its terms, provided that it does not interfere with Company's rights or ability to distribute or exploit
the Game. The arbitration will take place in Los Angeles, California.
You understand, and agree, that you have the right to consult with independent legal counsel of your own
choosing regarding this and any other provision in this Agreement and that this binding arbitration provision will
eliminate your legal right to sue in court, to have a jury trial, and/or to participate in a class action with respect to
any such dispute. You and the Company both agree that neither shall attempt to have any other arbitration or
class action related to any other party joined to any arbitration in which you are involved with Company. To the
fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class
action procedures. You and the Company further agree that each may bring claims against the other only in an
individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
8.3 Court Proceedings
If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and
maintain such claims in state and federal courts located within Los Angeles, California. The prevailing party in any
action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees.
8.4 Governing Law; Choice of Venue; Consent to Jurisdiction
This EULA is be governed by and construed in accordance with the laws of the United States of America and the
laws of the State of California, excluding its conflict of laws provisions. In connection with any dispute between
you and Black Rust, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by such
laws. You irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles,
California to resolve any claims that are subject to exceptions to the arbitration agreement.
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8.5 Waiver of Jury Trial
You irrevocably waive to the fullest extent permitted by law any and all right to trial by jury in any legal proceeding
arising out of or relating to this Agreement.
8.6 Intellectual Property Infringement Claims
The Company has the right, but not the obligation, to defend or settle any action or proceeding arising from a
claim that your permitted use of the Game infringes or misappropriates any patent, copyright, or other Intellectual
Property Rights of a third party. All notices of such claims must be sent to Company within ten (10) days of your
first knowledge of the alleged infringement. In the event of such a claim, or if Company believes a claim is likely,
Company may, at its sole discretion, (i) procure for you the right to continue using the Game; (ii) modify the Game
to become non-infringing; or (iii) terminate this Agreement.
(9) General Provisions
9.1 Notices
If you provide Company with your email address for any purpose, you agree to receive all notices and
communications from Company in electronic form at such email address. Delivery of any notice from Company is
effective when sent to your email address, regardless of whether you actually receive or read the notice. If you
have provided your email address and do not wish to consent to electronic notice, you must uninstall and
discontinue all use of the Game. For any notices to Black Rust, including notices of dispute and/or notices of
infringement, or for any issues regarding customer support, please contact Black Rust atsupport@black-rust.com.
9.2 Entire Agreement
This Agreement and the Company’s Privacy Policy constitute the entire agreement between you and Company
with respect to the Game and supersede all prior or contemporaneous understandings and agreements, whether
written or oral, with respect to the Game.
9.3 Remedies
You acknowledge and agree that any violation or threatened violation of this Agreement will cause irreparable
injury to Company, entitling Company to seek injunctive relief without the necessity of proving actual damages,
in addition to all other remedies at law or in equity. You specifically acknowledge that pecuniary damages alone
would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Company
as a result of a breach of any of the provisions of this Agreement.
9.4 Language
To the fullest extent permitted by law, the controlling language for this Agreement is English.
9.5 Severability
If any provision or sub-provision of this Agreement is found to be invalid or unenforceable, the remainder shall be
enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the
limited extent required to permit its enforcement in a manner most closely representing the Company’s intention
as expressed herein.
9.6 Non-Waiver
No act or failure to act by Company will be deemed a waiver of any right contained in this agreement, and any
waiver by Company must be in writing and signed by an officer of Company. If Company does expressly waive any
provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the
waived provision shall not be waived for all time in the future.
If you have any questions or comments about this EULA or the Game, or for any issues regarding customer support,
please contact Black Rust at: support@black-rust.com.
This End User License Agreement (this “Agreement” or “EULA”) is between you and Black Rust LLC (“Black Rust”
or "Company"). This Agreement will govern your relationship with Black Rust and your use of the video game
titled Tides of Tethys and any related downloadable content (the "Game"). Please read this Agreement carefully
as installation and/or use of the Game indicates your acceptance of this Agreement.
THE GAME IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE
USING THIS GAME OR ANY MATERIALS OR DOCUMENTATION INCLUDED WITH THE GAME, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT
IS NOT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT IS EXPRESSLY PROHIBITED.
(1) Ownership
1.1 Ownership
All content included as part of the Game, including but not limited to, text, code, graphics, logos, images, and
other materials contained therein, as well as the compilation thereof, and the look and feel of the Game, is owned
and licensed by Company and is protected by Intellectual Property Rights and other proprietary rights laws. For
purposes of this Agreement, “Intellectual Property Rights” means, without limitation, copyrights, trademarks,
service marks, patents, trade secrets, trade dress, logos, and all other proprietary rights. The Company reserves
all right, title, and interest in and to the Game, including without limitation all Intellectual Property Rights and
other proprietary rights. Use, reproduction, copying, or redistribution of any of the Company’s Intellectual
Property Rights without the Company’s prior written permission is prohibited. You agree to observe and abide by
all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such
content and will not make any changes thereto.
1.2 Trademarks
The Black Rust logo, name, and all graphics contained in the Game are trademarks of the Company or its affiliates
and partners. Except as otherwise stated in this Agreement, nothing contained on the Game should be understood
as granting you a license to use any of Company’s trademarks, service marks, logos, or any of our other Intellectual
Property Rights. All trademarks or service marks appearing on or in the Game that are not owned by Black Rust
are the marks of their respective owners.
(2) Grant of License
2.1 License
Subject to your continued agreement and compliance with this EULA and any other relevant Company policies,
Company grants you a limited, non-exclusive, non-transferable, and revocable license, subject to the limitations
in this EULA, to download, install, and use the Game solely for personal, non-commercial purposes on devices that
you own or control. You agree that you will not use the Game for any other purpose not explicitly authorized in
this Agreement.
2.2 License Limitations
Any use of the Game in violation of the law orthis Agreement is strictly prohibited and may result in the immediate
revocation of your limited license at Company’s sole judgment or may subject you to liability for violations of law.
You agree and acknowledge that you will not directly or indirectly:
(i) Attempt to gain unauthorized access to the Game;
2
(ii) Make the Game available on a network for use or download by other users;
(iii) Copy, modify, edit, create derivative works of, publicly display, publicly perform,
republish, transmit, distribute, lease, sell, rent, or otherwise exploit any part of the Game
or any other material obtained through the Game, including without limitation access to
or use of the Game;
(iv) Remove or modify any proprietary notices, marks, or labels contained within the Game
or any materials related to the Game;
(v) Attempt to or actually disrupt, restrict, or otherwise inhibit other person’s use or
enjoyment of the Game;
(vi) Reverse engineer, decompile, disassemble, or modify the Game, in whole or in part,
except as permitted by applicable law;
(vii) Use access services to obtain, generate, or infer any business information about Company
or Company Affiliates, including without limitation information about sales or revenue,
staff, technical stack, or statistics about users;
(viii) Promote, encourage, or participate in any activity involving the creation or distribution of
counterfeit versions of the Game, or taking advantage of or creating exploits, cheats,
bugs, or errors, except for the sole purpose of privately and directly notifying Company;
(ix) Transport, export, or re-export the Game to any country where its use would violate any
laws or regulations; and
(x) Attempt to or actually harass, threaten, bully, embarrass, abuse, or harm, or advocate or
incite harassment, abuse, or harm of another person, group, Company itself or any
Company affiliates;
(3) Use of the Game
3.1 Your Use of the Game
By using the Game, you warrant and represent that you: 1) are either over 18 years of age or, if (2) you are under
18 years old, that you are 13 years of age or older and you have obtained your parent or guardian’s consent to
download, install and use the Game as provided in Section 3.2 of this Agreement below, which they have read and
explained to you.
3.2 Use of the Game by a Minor
If you are the legal guardian of a minor, you can choose to allow use of the Game by that minor instead of yourself
subject to the following provisions:
(i) You acknowledge, and further agree that the aforementioned minor is entering into an
agreement with your consent;
(ii) You acknowledge, and further agree you are entirely responsible for all the provisions in
this EULA; and
(iii) You acknowledge, and further agree, you are legally responsible for all actions of that
minor, including but not limited to any payments, damages and/or liabilities related to
the actions of that minor, and agree to defend, indemnify and hold harmless Company
for any claims arising out of the actions of that minor.
3.3 Access and Availability
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You acknowledge that:
(i) Company may in its sole and absolute discretion provide subsequent amendments,
versions, enhancements, modifications, upgrades or patches related to any part of the
Game;
(ii) Company has absolute and sole discretion to immediately terminate or restrict access to
the Game, or any portion of the Game at any time, for any reason, without notice and
without liability to you;
(iii) Access to the Game may be interrupted for reasons within or beyond the control of
Company, and that Company cannot and does not guarantee you will be able to use the
Game whenever you wish to do so;
(iv) Company may not offer the Game in all countries or geographic locations; and
(v) You are solely responsible for any internet connection and/or mobile fees that you may
incur as a result of downloading, installing, or using the Game.
3.4 Trial
In the event this Game is provided to you as a trial, your use may be restricted. Use restrictions may apply to limit
the length of the playable game period, number of users, or any other features as necessary, in Company’s sole
discretion, to achieve the purpose of the trial. If you are playing a trial version of this Game, you agree to not to
use it beyond the expiration or termination of the trial period.
(4) Term and Termination
4.1 Term
Unless modified or amended by Company in writing, this Agreement and its provisions shall remain in full force
and effect upon your download, installation, and/or use of the Game until terminated by Company at any time
for any reason, with or without notice, or by you by deleting and removing all copies of the Game from the devices
on which you have installed it and destroying any copies of the Game in your possession.
4.2 Automatic Termination
This Agreement and any license granted herein will terminate automatically if you fail to abide by any term or
condition of this Agreement.
4.3 Effect of Termination
Upon termination of this Agreement, all rights granted to you will also terminate, and you must delete and remove
all copies of the Game from the devices on which you have installed it and destroying any copies of the Game in
your possession.
4.4 Survival
The following Sections of this Agreement shall survive termination: Section 1 (Ownership); Section 4 (Term and
Termination); Section 5 (Disclaimer, Warranty, and Liability); Section 6 (Indemnity); and Section 9 (General
Provisions). Termination of any license granted by Company under this agreement does not affect any other
provisions of this Agreement.
(5) Disclaimer, Warranty, and Liability
5.1 Warranty
The Game is provided by Company to you on an “as is” and “as available” basis. To the fullest extent permissible
by law, Company disclaims all warranties, express or implied, including without limitation implied warranties of
4
merchantability and fitness for a particular purpose. Company does not warrant that the Game isfree from viruses
or other harmful components.
5.2 Limitation of Liability
You acknowledge that the Company and its affiliates will not be liable for any loss or damages, whether actual,
consequential, indirect, incidental, special, or exemplary damages, including for injury or loss of profits, goodwill
or data, in any way whatsoever arising out of the use of, or inability to use, the Game. To the fullest extent per-
missible by law, Company disclaims all other liability, including liability or damage to any device, except for cases
of fraudulent misrepresentation by Company.
To the maximum extent permissible under applicable laws, the aggregate liability of Company and/or its affiliates
arising out of or in connection with this Agreement and your use, or inability to use, the Game shall not exceed
the total amounts you have paid (if any) to Company and/or its affiliates in the one hundred and eighty days (180)
days immediately preceding the date on which you first assert any such claim. If you have not paid Company or
any affiliate any amount in the one hundred and eighty days (180) days immediately preceding the date on which
you first assert any such claim, your sole and exclusive remedy for any dispute with Company and/or any affiliate
is to cease using the Game.
5.3 Loss of Data
Company accepts no liability for lost or corrupted data resulting from your use of the Game and suggests you
back-up any data files related to the Game to another secure location on a regular basis.
(6) Indemnity
You agree to defend, indemnify and hold harmless Company, its affiliates, and any third-parties under agreement
with Company, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, share-
holder, director or officer of any of the foregoing, as well as any person using the Game and any person or entity
that becomes aware of your use of the Game at any time, with respect to any and all claims, liabilities, judgments,
awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs)
that arise under, from or in any way, directly or indirectly, relate to (i) your failure to comply with any provision
of this EULA; or (ii) your use or misuse of the Game.
Company and its affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
You acknowledge, and further agree that Company has no obligation to defend, indemnify or hold harmless you
in any way related to this Agreement, including but not limited to your use of the Game, use of the Game by any
person, or any connection between the foregoing and any other person or entity that becomes aware of your use
of the Game at any time.
(7) Data Collection
7.1 Use of your Data
You agree and consent to Company’s information collection and usage terms as set forth in this Agreement and
Company’s Privacy Policy. The collection and use of your information may include, but is not limited to, the
collection of your information by Black Rust, its affiliates, vendors, and business partners; and the transfer of your
personal information and other gameplay information, including geographic and telemetry data, to Black Rust’s
affiliates, vendors, business partners, and other third parties. You understand and agree that your information
may be transferred or used in countries with lower privacy protection standards.
7.2 Children's Online Privacy Protection Act (COPPA)
5
We will not knowingly collect personal information from children under the age of 13. If we become aware that
personal information has been collected from a child under the age of 13, we will take reasonable steps to delete
such information as soon as possible. If you are a parent or guardian and become aware that your child has
provided Company with personal information without your consent, please contact Black Rust immediately.
7.3 Data Privacy
All data privacy issues, including Company’s collection, use, disclosure, and transfer of your personal information
and other information, are subject to the Company’s Privacy Policy. If you do not want your information used or
shared as described in this Agreement and the Company’s Privacy Policy, you should not install or use the Game.
(8) Dispute Resolution
8.1 Good Faith Resolution
In the event of a dispute between you and Black Rust or its affiliates, third-party developers, or partners, you
agree to attempt to negotiate the resolution informally and in good faith for at least sixty (60) days before initiating
any arbitration proceeding. Such informal negotiations commence upon the Company’s receipt of Notice from
you, which must include a sufficiently detailed description of the nature and basis of the claim or dispute and the
specific relief sought.
8.2 Mandatory Binding Arbitration
If you and Company cannot resolve a dispute through informal negotiations within sixty (60) days after receiving
a notice of dispute, or if Company, in its sole and absolute discretion, determines that it will not be possible to
satisfactorily resolve that dispute informally within said period, you agree that either you or Company may request
resolution by final and fully binding arbitration conducted under the rules and procedures of the American
Arbitration Association. The arbitrator cannot alter the terms of this Agreement and may award equitable relief
to enforce its terms, provided that it does not interfere with Company's rights or ability to distribute or exploit
the Game. The arbitration will take place in Los Angeles, California.
You understand, and agree, that you have the right to consult with independent legal counsel of your own
choosing regarding this and any other provision in this Agreement and that this binding arbitration provision will
eliminate your legal right to sue in court, to have a jury trial, and/or to participate in a class action with respect to
any such dispute. You and the Company both agree that neither shall attempt to have any other arbitration or
class action related to any other party joined to any arbitration in which you are involved with Company. To the
fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class
action procedures. You and the Company further agree that each may bring claims against the other only in an
individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
8.3 Court Proceedings
If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and
maintain such claims in state and federal courts located within Los Angeles, California. The prevailing party in any
action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees.
8.4 Governing Law; Choice of Venue; Consent to Jurisdiction
This EULA is be governed by and construed in accordance with the laws of the United States of America and the
laws of the State of California, excluding its conflict of laws provisions. In connection with any dispute between
you and Black Rust, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by such
laws. You irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles,
California to resolve any claims that are subject to exceptions to the arbitration agreement.
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8.5 Waiver of Jury Trial
You irrevocably waive to the fullest extent permitted by law any and all right to trial by jury in any legal proceeding
arising out of or relating to this Agreement.
8.6 Intellectual Property Infringement Claims
The Company has the right, but not the obligation, to defend or settle any action or proceeding arising from a
claim that your permitted use of the Game infringes or misappropriates any patent, copyright, or other Intellectual
Property Rights of a third party. All notices of such claims must be sent to Company within ten (10) days of your
first knowledge of the alleged infringement. In the event of such a claim, or if Company believes a claim is likely,
Company may, at its sole discretion, (i) procure for you the right to continue using the Game; (ii) modify the Game
to become non-infringing; or (iii) terminate this Agreement.
(9) General Provisions
9.1 Notices
If you provide Company with your email address for any purpose, you agree to receive all notices and
communications from Company in electronic form at such email address. Delivery of any notice from Company is
effective when sent to your email address, regardless of whether you actually receive or read the notice. If you
have provided your email address and do not wish to consent to electronic notice, you must uninstall and
discontinue all use of the Game. For any notices to Black Rust, including notices of dispute and/or notices of
infringement, or for any issues regarding customer support, please contact Black Rust atsupport@black-rust.com.
9.2 Entire Agreement
This Agreement and the Company’s Privacy Policy constitute the entire agreement between you and Company
with respect to the Game and supersede all prior or contemporaneous understandings and agreements, whether
written or oral, with respect to the Game.
9.3 Remedies
You acknowledge and agree that any violation or threatened violation of this Agreement will cause irreparable
injury to Company, entitling Company to seek injunctive relief without the necessity of proving actual damages,
in addition to all other remedies at law or in equity. You specifically acknowledge that pecuniary damages alone
would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Company
as a result of a breach of any of the provisions of this Agreement.
9.4 Language
To the fullest extent permitted by law, the controlling language for this Agreement is English.
9.5 Severability
If any provision or sub-provision of this Agreement is found to be invalid or unenforceable, the remainder shall be
enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the
limited extent required to permit its enforcement in a manner most closely representing the Company’s intention
as expressed herein.
9.6 Non-Waiver
No act or failure to act by Company will be deemed a waiver of any right contained in this agreement, and any
waiver by Company must be in writing and signed by an officer of Company. If Company does expressly waive any
provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the
waived provision shall not be waived for all time in the future.
If you have any questions or comments about this EULA or the Game, or for any issues regarding customer support,
please contact Black Rust at: support@black-rust.com.