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“Elements of Dreams” END USER LICENSE AGREEMENT
Issued by Cinder Enterprises LLC.
Last updated: 28 December 2021
INTRODUCTION
These are the rules (the “End User Licence Agreement” or “EULA” ) we use to protect Elements of Dreams (the “Game” ) and our users, including you. We’ve tried to keep them as short as possible, to help you understand how you can use the Game, and any problems that you might encounter. This EULA is a legal agreement between you and us. If you don‘t want to or can‘t agree to this EULA, then you must not buy, download, use or play the Game.
We offer the Game through the Steam platform (“Steam” ), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). That means you need a Steam account to play the Game via Steam, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds .
You’re only allowed to use the Game and send personal information to us if you are either 18 years or older, or you are 13 years or older and your parent or legal guardian has read this EULA and explained it to you, and provided us with their consent to your use of the Game.
SUMMARY
This EULA is a legal agreement between us and you, so please read it carefully.
It describes how you are permitted to use the Game.
If you break these rules, we may stop you using the Game, or ask our lawyers to get in touch.
The Game is currently in “Early Access” so may still include some bugs or errors.
The Game is provided on an ‘as is’ basis.
This EULA may change from time to time.
WHAT YOU CAN DO
We’re excited to see you enjoy the Game. As long as you follow the rules in this EULA, you can use the Game in the following ways:
To play the Game
We do not sell the Game to you.
We own the Game, and brands or content in the Game, so you are buying permission to play the Game yourself in accordance with this EULA.
Legally this means that we grant to you a non-exclusive, personal right and licence to play the Game in accordance with the terms of this EULA.
Play around with and build modifications for the Game, and share them (as long as you follow the rules below in the section “Modding the Game”).
Share screenshots, streams and/or videos of your gameplay.
Include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us).
To create pre-recorded or live streamed gameplay videos of your playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube, or in creating Patreon (or similar platform) exclusive content that end-users may pay you to access (as long as you comply with the other terms of this EULA).
Use upgrades and updates which we hope to make available from time to time (although we are not obliged to provide updates or support, and updates might cause problems with mods).
Create and submit content in and to the Game (in which case you give us irrevocable permission to use, copy, modify, share and adapt that content, including your mods, and to let other people do so).
This means that you grant to us a perpetual, irrevocable, royalty-free, fully-paid-up, non-exclusive right and licence to use any content that you submit in and to the Game, including any mods.
MODDING THE GAME
We’re excited to see you enjoy the Game, but it’s important that you respect our rights, and those of others, in doing so.
If you create a mod from scratch, you will own it. In order to own the mod this means you shouldn’t include material owned by others in your mods without their permission (that includes copying the look and feel of other mods or materials as well as copying the actual models, scripts and other assets). If you include any parts of the Game or other content that we own in your mod, then we will own those parts of your mod.
Don’t charge for anything you create relating to the Game or include any adverts or sponsored content in your mods. Make sure it is clear that any mods you create are unofficial, and comply with our modding guidelines from time to time, which you can find here: modding guidelines.
If you make mods available through Steam Workshop or other online services, make sure you keep a backup. We don’t guarantee that mods you publish or make available through Steam Workshop will always be available, and we may also remove them if we think it’s necessary, for example if they don’t comply with our modding guidelines.
Mods should not include a copy of the Game itself, and you take all responsibility for the mods you create. By creating a mod for the Game, you agree we can use, copy, modify, share and adapt it, and let other people do so.
Please note that others might copy or modify the mods you make publicly available, and use them in ways you disagree with. Although this kind of activity is discouraged by our modding guidelines, you acknowledge we are not responsible and shall have no liability for the activities of other modders.
WHAT YOU CAN’T DO
To protect the Game and our users, it’s important for us that all “official” Game items come from us so we can guarantee their quality, that only we make commercial use of the Game or any part of it, and that other people don’t use the Game in a way which is unfair or which might affect our rights.
The following sets out some of the things that you cannot do with the Game:
Don’t share, rent, resell, or make available copies of the Game (or any hacked versions) or any licence keys to anyone else, and don’t let anyone else have unfair or unreasonable access to anything we’ve made.
If you share mods, plugins or tools for people to use with their own copy of the Game, or videos or screenshots of your gameplay, make sure you created them yourself and that it’s clear they are not official.
Don’t charge for, or make commercial use of anything which we’ve made or which is related to the Game unless we’ve agreed it with you in advance in writing, or where it’s expressly allowed by law (such as under “fair dealing” or “fair use” law) or this EULA.
Don’t use screenshots from the Game or create streams and/or videos using the Game in conjunction with any other music, video, image or other content that you don’t have the rights to use.
Don’t share any password you use to access the Game, or any access to your account, with any other person. Don’t do anything (or attempt to do anything) which might disrupt use of the Game by us or other gamers, or which could harass or upset other members of our community.
Don’t make anything available on or through the Game unless you’re happy to share it with the general public, and it is your own original creation.
Don’t make any advertising available on or through the Game, or anything which is someone else‘s creation or image.
Don’t make anything available on or through the Game which is illegal, dishonest, racist, sexist, homophobic, pornographic, bullying, trolling, or which might damage our or another person‘s reputation, infringe their rights, or impersonate or trick or exploit anyone.
Make sure you read these rules carefully and understand them. If we are threatened or face legal action because you’ve uploaded someone else’s content, or because you break any of the other rules in this EULA, we may hold you responsible. That means you will need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
OUR LIABILITY
Nothing in this EULA will limit any of your rights which may not be excluded under law. This means that, irrespective of any other terms in this EULA:
our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
if the Game is faulty (i.e. not of satisfactory quality, not fit for purpose or not as described) when we deliver it to you, we will try to repair or replace it. Please note that the Game is in “Early Access” and may include some bugs;
if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back in accordance with the Steam Refunds policy;
if, as a result of the fault, the Game damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
Other than as mentioned above, our overall liability to you is limited to the price you paid for the Game. The Game, along with any updates or upgrades, is provided “as is”. That means we don’t make any promises to you about the Game other than that the Game will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises to you about the Game.
Our promises to you about the Game do not apply if any defects or faults in the Game are as a result of your having altered or modified the game (including using any mods), or where you have used the Game in breach of this EULA.
We’ll use reasonable skill and care to provide the Game, but can’t guarantee there won’t be any errors or interruptions when playing it or using them, or that they won’t cause any problems with your device.
The version of the Game currently available at the date of this EULA is in “Early Access”. This means that the Game is not yet complete and may have some bugs. You can find out more about what “Early Access" means on Steam here
Please do let us know straight away if you discover any problems with the Game, so we’re aware and can decide whether it’s something we need to address in a future release (if there is one). You can contact us to let us know about any problems with the Game at info@axolotgames.se.
TERMINATION
We can terminate this EULA if you don’t comply with it, and you can terminate it too by uninstalling the Game from your computer or deleting it from your Steam account.
If the EULA is terminated, you will no longer be allowed to play the Game. Our ownership of the Game, and any rights you've granted us to use content you've supplied through the Game or Tools, along with the paragraph about “Our Liability” and “Privacy”, will continue to apply even after the EULA is terminated.
CLASS ACTION WAIVER
Unless we agree with you otherwise in writing and/or subject to applicable laws, you agree that you may only bring any claim that you might have against us on an individual basis and not as a claimant or member in any purported class, collective, consolidated or representative action or legal proceeding.
This section will not apply to you if you live in a jurisdiction that does not permit class actions or other collective disputes.
PRIVACY AND DATA
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.
If you want to understand what information we may collect about you when you play the Game, and how we use information that we collect about you, then you should read our privacy policy.
OTHER IMPORTANT TERMS
This EULA doesn’t affect any legal rights you may have under the law that applies to you for the Game which cannot be excluded or limited. Nothing we say in these terms affects those legal rights.
We may also change this EULA from time to time but changes only affect you to the extent they can legally apply. For example, if we release an update with a new EULA, and you don’t use the update, then the old EULA applies, but if you do use the updates or if you use parts of the Game that rely on our ongoing online services then the new EULA will apply. In that case we may not be able to/don‘t need to tell you about changes for them to have effect, so you should check back here from time to time.
We’ll only make changes if they are reasonable, for example if the law changes, we need to protect other users of the Game, or we're making improvements or adding features which mean this EULA needs a rethink.
This EULA is governed by English law and you can bring proceedings in respect of the Game or this EULA in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Game in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Game in either the Northern Irish or the English courts.
COMPANY AND CONTACT INFORMATION
In this EULA, “we”, “us" and “our" refers to:
Cinder Enterprises LLC
1700 WESTLAKE AVE N
SUITE 200
SEATTLE, WA 98109
UNITED STATES
Email: contact@elementsofdreams.com
Issued by Cinder Enterprises LLC.
Last updated: 28 December 2021
INTRODUCTION
These are the rules (the “End User Licence Agreement” or “EULA” ) we use to protect Elements of Dreams (the “Game” ) and our users, including you. We’ve tried to keep them as short as possible, to help you understand how you can use the Game, and any problems that you might encounter. This EULA is a legal agreement between you and us. If you don‘t want to or can‘t agree to this EULA, then you must not buy, download, use or play the Game.
We offer the Game through the Steam platform (“Steam” ), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). That means you need a Steam account to play the Game via Steam, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds .
You’re only allowed to use the Game and send personal information to us if you are either 18 years or older, or you are 13 years or older and your parent or legal guardian has read this EULA and explained it to you, and provided us with their consent to your use of the Game.
SUMMARY
This EULA is a legal agreement between us and you, so please read it carefully.
It describes how you are permitted to use the Game.
If you break these rules, we may stop you using the Game, or ask our lawyers to get in touch.
The Game is currently in “Early Access” so may still include some bugs or errors.
The Game is provided on an ‘as is’ basis.
This EULA may change from time to time.
WHAT YOU CAN DO
We’re excited to see you enjoy the Game. As long as you follow the rules in this EULA, you can use the Game in the following ways:
To play the Game
We do not sell the Game to you.
We own the Game, and brands or content in the Game, so you are buying permission to play the Game yourself in accordance with this EULA.
Legally this means that we grant to you a non-exclusive, personal right and licence to play the Game in accordance with the terms of this EULA.
Play around with and build modifications for the Game, and share them (as long as you follow the rules below in the section “Modding the Game”).
Share screenshots, streams and/or videos of your gameplay.
Include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us).
To create pre-recorded or live streamed gameplay videos of your playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube, or in creating Patreon (or similar platform) exclusive content that end-users may pay you to access (as long as you comply with the other terms of this EULA).
Use upgrades and updates which we hope to make available from time to time (although we are not obliged to provide updates or support, and updates might cause problems with mods).
Create and submit content in and to the Game (in which case you give us irrevocable permission to use, copy, modify, share and adapt that content, including your mods, and to let other people do so).
This means that you grant to us a perpetual, irrevocable, royalty-free, fully-paid-up, non-exclusive right and licence to use any content that you submit in and to the Game, including any mods.
MODDING THE GAME
We’re excited to see you enjoy the Game, but it’s important that you respect our rights, and those of others, in doing so.
If you create a mod from scratch, you will own it. In order to own the mod this means you shouldn’t include material owned by others in your mods without their permission (that includes copying the look and feel of other mods or materials as well as copying the actual models, scripts and other assets). If you include any parts of the Game or other content that we own in your mod, then we will own those parts of your mod.
Don’t charge for anything you create relating to the Game or include any adverts or sponsored content in your mods. Make sure it is clear that any mods you create are unofficial, and comply with our modding guidelines from time to time, which you can find here: modding guidelines.
If you make mods available through Steam Workshop or other online services, make sure you keep a backup. We don’t guarantee that mods you publish or make available through Steam Workshop will always be available, and we may also remove them if we think it’s necessary, for example if they don’t comply with our modding guidelines.
Mods should not include a copy of the Game itself, and you take all responsibility for the mods you create. By creating a mod for the Game, you agree we can use, copy, modify, share and adapt it, and let other people do so.
Please note that others might copy or modify the mods you make publicly available, and use them in ways you disagree with. Although this kind of activity is discouraged by our modding guidelines, you acknowledge we are not responsible and shall have no liability for the activities of other modders.
WHAT YOU CAN’T DO
To protect the Game and our users, it’s important for us that all “official” Game items come from us so we can guarantee their quality, that only we make commercial use of the Game or any part of it, and that other people don’t use the Game in a way which is unfair or which might affect our rights.
The following sets out some of the things that you cannot do with the Game:
Don’t share, rent, resell, or make available copies of the Game (or any hacked versions) or any licence keys to anyone else, and don’t let anyone else have unfair or unreasonable access to anything we’ve made.
If you share mods, plugins or tools for people to use with their own copy of the Game, or videos or screenshots of your gameplay, make sure you created them yourself and that it’s clear they are not official.
Don’t charge for, or make commercial use of anything which we’ve made or which is related to the Game unless we’ve agreed it with you in advance in writing, or where it’s expressly allowed by law (such as under “fair dealing” or “fair use” law) or this EULA.
Don’t use screenshots from the Game or create streams and/or videos using the Game in conjunction with any other music, video, image or other content that you don’t have the rights to use.
Don’t share any password you use to access the Game, or any access to your account, with any other person. Don’t do anything (or attempt to do anything) which might disrupt use of the Game by us or other gamers, or which could harass or upset other members of our community.
Don’t make anything available on or through the Game unless you’re happy to share it with the general public, and it is your own original creation.
Don’t make any advertising available on or through the Game, or anything which is someone else‘s creation or image.
Don’t make anything available on or through the Game which is illegal, dishonest, racist, sexist, homophobic, pornographic, bullying, trolling, or which might damage our or another person‘s reputation, infringe their rights, or impersonate or trick or exploit anyone.
Make sure you read these rules carefully and understand them. If we are threatened or face legal action because you’ve uploaded someone else’s content, or because you break any of the other rules in this EULA, we may hold you responsible. That means you will need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
OUR LIABILITY
Nothing in this EULA will limit any of your rights which may not be excluded under law. This means that, irrespective of any other terms in this EULA:
our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
if the Game is faulty (i.e. not of satisfactory quality, not fit for purpose or not as described) when we deliver it to you, we will try to repair or replace it. Please note that the Game is in “Early Access” and may include some bugs;
if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back in accordance with the Steam Refunds policy;
if, as a result of the fault, the Game damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
Other than as mentioned above, our overall liability to you is limited to the price you paid for the Game. The Game, along with any updates or upgrades, is provided “as is”. That means we don’t make any promises to you about the Game other than that the Game will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises to you about the Game.
Our promises to you about the Game do not apply if any defects or faults in the Game are as a result of your having altered or modified the game (including using any mods), or where you have used the Game in breach of this EULA.
We’ll use reasonable skill and care to provide the Game, but can’t guarantee there won’t be any errors or interruptions when playing it or using them, or that they won’t cause any problems with your device.
The version of the Game currently available at the date of this EULA is in “Early Access”. This means that the Game is not yet complete and may have some bugs. You can find out more about what “Early Access" means on Steam here
Please do let us know straight away if you discover any problems with the Game, so we’re aware and can decide whether it’s something we need to address in a future release (if there is one). You can contact us to let us know about any problems with the Game at info@axolotgames.se.
TERMINATION
We can terminate this EULA if you don’t comply with it, and you can terminate it too by uninstalling the Game from your computer or deleting it from your Steam account.
If the EULA is terminated, you will no longer be allowed to play the Game. Our ownership of the Game, and any rights you've granted us to use content you've supplied through the Game or Tools, along with the paragraph about “Our Liability” and “Privacy”, will continue to apply even after the EULA is terminated.
CLASS ACTION WAIVER
Unless we agree with you otherwise in writing and/or subject to applicable laws, you agree that you may only bring any claim that you might have against us on an individual basis and not as a claimant or member in any purported class, collective, consolidated or representative action or legal proceeding.
This section will not apply to you if you live in a jurisdiction that does not permit class actions or other collective disputes.
PRIVACY AND DATA
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.
If you want to understand what information we may collect about you when you play the Game, and how we use information that we collect about you, then you should read our privacy policy.
OTHER IMPORTANT TERMS
This EULA doesn’t affect any legal rights you may have under the law that applies to you for the Game which cannot be excluded or limited. Nothing we say in these terms affects those legal rights.
We may also change this EULA from time to time but changes only affect you to the extent they can legally apply. For example, if we release an update with a new EULA, and you don’t use the update, then the old EULA applies, but if you do use the updates or if you use parts of the Game that rely on our ongoing online services then the new EULA will apply. In that case we may not be able to/don‘t need to tell you about changes for them to have effect, so you should check back here from time to time.
We’ll only make changes if they are reasonable, for example if the law changes, we need to protect other users of the Game, or we're making improvements or adding features which mean this EULA needs a rethink.
This EULA is governed by English law and you can bring proceedings in respect of the Game or this EULA in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Game in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Game in either the Northern Irish or the English courts.
COMPANY AND CONTACT INFORMATION
In this EULA, “we”, “us" and “our" refers to:
Cinder Enterprises LLC
1700 WESTLAKE AVE N
SUITE 200
SEATTLE, WA 98109
UNITED STATES
Email: contact@elementsofdreams.com