| Language: |
End User License Agreement
Last Updated: February 9, 2024
TABLE OF CONTENTS
1. Definitions
2. Term
3. License
4. Distribution Platforms
5. Intellectual Property Rights
6. Warranties
7. Acknowledgements and warranty limitations
8. Limitations and exclusions of liability
9. Termination
10. Effects of termination
11. General
12. Health and Safety
13. Dispute Resolution and Governing Law
14. Contact
Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.
Before you download the Game from [our website or the platform of one of our appointed distribution partners], you will be asked to give your express agreement to the provisions of this EULA.
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
Section 12 of this EULA contains a binding arbitration clause and class action waiver. By continuing to use the Game, you agree to resolve any disputes through arbitration rather than a court of law or by jury. If you live in the United States, you also agree to not participate in a class action lawsuit against us.
1. Definitions
1.1 In this EULA[, except to the extent expressly provided otherwise]:
"Distribution Platform" means [any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game];
"Distribution Platform Terms and Conditions" means [the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game];
"DLC" means [any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User];
"Documentation" means [any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User];
"Effective Date" means [the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA];
"EULA" means [this end user license agreement, including any amendments to this end user license agreement from time to time];
"Force Majeure Event" means [an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars)];
"Game" means Escape the Backrooms as [modified, patched, updated and upgraded] from time to time by or with the authorization of the Licensor [including any DLC];
"Intellectual Property Rights" means [all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs)];
"Licensor" means Fancy Games;
"Permitted Hardware" means a single computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;
"Term" means [the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2]; and
"User" means [the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA].
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 10 or any other provision of this EULA.
3. License
3.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a [worldwide, non-exclusive, non-transferable] license to:
(a) install a copy of the Game on the Permitted Hardware;
(b) [install a copy of the Documentation on the Permitted Hardware];
(c) use a single instance of the Game on the Permitted Hardware[];
(d) [view the Documentation on the Permitted Hardware]; and
(e) [create, store and maintain up to [5] back up copies of the Game],
for [the private and domestic purposes of the User] and subject to the limitations and exclusions set out and referred to in this Clause 4.[].]
3.2 The User may permit [the family members and friends of the User] to use the User's installation of the Game on Permitted Hardware in accordance with Steam’s sharing guidelines.
3.3 Any license granted to the User under this Clause 4 shall be subject to the following prohibitions:
(a) [the User must not [sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute] the Game];
(b) [the User must not make the Game available for download or access by others];
(c) [the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming center)];
(d) [the User must not use the Game in connection with any marketing, advertising or promotional activity];
(e) [the User must not [modify, alter, edit, adapt or create derivative works of] the Game];
(f) [the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game];
(g) [the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game]; and
(h) [the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws],
save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis.[]
3.4 The User acknowledges that the use of the Game and the exercise of the rights of the User under this EULA may require the use of an activation code or key, and further that:
(a) the User shall be responsible for securely storing the activation code or key; and
(b) the Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key.
4. Distribution Platforms
4.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.
4.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of [the former] OR [the latter] shall take precedence.
4.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game[] are hereby incorporated into this EULA for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
4.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: [the amounts payable by the User in respect of this EULA; the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA].
4.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this EULA. Subject to Clause 9.1, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.
5. Intellectual Property Rights
5.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.
5.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game; and
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor[].
6. Warranties
6.1 If [the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights], the Licensor may[] at its own cost and expense:
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this EULA.
6.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
6.3 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
7. Acknowledgements and warranty limitations
7.1 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Licensor.[]
7.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
7.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.
7.4 The User acknowledges that they are wholly responsible for configuring their audio and visual settings. The user takes full responsibility for any damages, injuries, or errors that may occur from use of the Game.
8. Limitations and exclusions of liability
8.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
8.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in this EULA:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
8.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
8.4 The Licensor will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
8.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
8.7 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed fifty dollars ($50.00 USD).
9. Termination
9.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
9.2 The Licensor may terminate this EULA immediately by giving written notice of termination to the User if the User commits any breach of this EULA.
10. Effects of termination
10.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses 1, 5, 9, 11 and 12].
10.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
10.3 For the avoidance of doubt, all licenses granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game[] upon the termination of this EULA.
10.4 Within [2 days] following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game[] in the possession or control of the User.
11. General
11.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
11.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
11.3 The Licensor may vary this EULA by giving to the User[] prior] written notice of the variation[]. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this EULA may only be varied by a written document signed by or on behalf of each of the parties.
11.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to [any successor to all or a substantial part of the business of the Licensor from time to time] OR [any third party] - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
11.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
11.6 Subject to Clause 9.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
11.7 This EULA shall be governed by and construed in accordance with the governing law of Fancy Games.
11.8 Subject to any mandatory requirements of applicable law, the courts of the governing law of Fancy Games shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
12. Health and Safety
12.1 Entering Escape the Backrooms in the included virtual reality mode will require you to wear a headset which will block your view of the real world. Some headsets may also include headphones that will prevent you from hearing your surroundings. You are solely responsible for playing Escape the Backrooms in a hazard-free, safe, and suitable area. As with all virtual reality games, please follow the instructions and warnings provided with your virtual reality hardware.
12.2 In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or images while using a virtual reality device may induce an epileptic seizure, even in people who have no history of seizures or epilepsy.
12.3 Due to its virtual reality nature, Escape the Backrooms can be physically challenging and/or set you off balance. Please consult a physician before playing if you have any doubts.
12.4 Ensure you are in a clear room with enough space around you and check the area for any dangerous objects nearby.
12.5 As the game is in Early Access, some features may not be fully functional and tested for all users and devices. If you experience any discomfort, stop playing the game immediately.
12.6 If you are under the age of 18, please have your parent or legal guardian read and accept this EULA before playing.
12.7 By continuing to play the game, you affirm that you have read these warning as well as the warnings for your hardware and are playing the game voluntarily and that you do not have any health-related issues that may restrict or prevent your participation in the game.
12.8 Fancy Games DOES NOT TAKE RESPONSIBILITY for any injury or damage caused by your actions while playing Escape the Backrooms.
13. Dispute Resolution and Governing Law
13.1 This EULA and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the governing law of the state that Fancy Games is incorporated in, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 12, the exclusive jurisdiction for all disputes (defined below) that are not required to arbitrate will be in the state and federal courts located in the governing law of the state that Fancy Games is incorporated in, and you waive any objection to jurisdiction and venue in such courts.
13.2 You each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, each as they relate to Services used or purchased within the United States (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class action proceeding. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA and that you are waiving the right to a lawsuit in a court of law or trial by jury. This arbitration provision shall survive termination of this EULA.
13.3 If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
Disputes that can be resolved in small claims court, relate to the infringement of our intellectual property, relate or arise out of theft or piracy, or relate or arise out of unauthorized use of the Game do not have to be arbitrated.
13.4 As limited exceptions to Section 22(b) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights.
13.5 You have the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@hypecopilot.com within thirty (30) days following the date you first agree to this EULA.
The American Arbitration Association’s Consumer Arbitration Rules will apply. You may be able to choose the types of evidence you and we can submit depending on the size of your claim.
13.6 The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000 USD, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
13.7 Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we have the right to seek recovery of our attorneys’ fees and costs from you.
13.8 YOU AGREE TO NOT PARTICIPATE IN A CLASS ACTION LAWSUIT AND TO ONLY BRING CLAIMS FORTH AS AN INDIVIDUAL. YOUR DISPUTE CAN’T BE COMBINED WITH OTHER PEOPLE’S CLAIMS.
13.9 If the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
13.10 If we change any of the terms of Section 12 after the date you first accepted this EULA (or accepted any subsequent changes to this EULA), you may reject any such change by sending us written notice sent to support@hypecopilot.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any dispute in accordance with the terms of Section 12 as of the date you last accepted this EULA.
13.11 Notwithstanding the terms of this Section, either party may bring forth a lawsuit for equitable relief for any misuse or infringement of intellectual property rights or for any claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
13.12 With the exception of any of the provisions in Section 12 above, if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
14. Contact
14.1 If you have any questions, comments, or feedback you can contact us at support@hypecopilot.com.
Last Updated: February 9, 2024
TABLE OF CONTENTS
1. Definitions
2. Term
3. License
4. Distribution Platforms
5. Intellectual Property Rights
6. Warranties
7. Acknowledgements and warranty limitations
8. Limitations and exclusions of liability
9. Termination
10. Effects of termination
11. General
12. Health and Safety
13. Dispute Resolution and Governing Law
14. Contact
Please read this EULA carefully, as it sets out the basis upon which we license the Game for use.
Before you download the Game from [our website or the platform of one of our appointed distribution partners], you will be asked to give your express agreement to the provisions of this EULA.
WARNING: The light patterns in some video games may trigger epileptic seizures or blackouts in a very small number of individuals. If you have an epileptic condition, you should consult a medical professional before playing the Game. If you experience dizziness, muscle twitching, changes to vision, disorientation, seizures, convulsions and/or any involuntary movements while playing the Game, you should immediately stop playing and consult a medical professional.
Section 12 of this EULA contains a binding arbitration clause and class action waiver. By continuing to use the Game, you agree to resolve any disputes through arbitration rather than a court of law or by jury. If you live in the United States, you also agree to not participate in a class action lawsuit against us.
1. Definitions
1.1 In this EULA[, except to the extent expressly provided otherwise]:
"Distribution Platform" means [any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game];
"Distribution Platform Terms and Conditions" means [the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game];
"DLC" means [any downloadable or other supplemental content for the Game made available by the Licensor and purchased or otherwise lawfully acquired by the User];
"Documentation" means [any documentation for the Game produced by the Licensor and supplied or made available by the Licensor to the User];
"Effective Date" means [the date upon which the User accepts the terms of this EULA in accordance with the preamble to this EULA];
"EULA" means [this end user license agreement, including any amendments to this end user license agreement from time to time];
"Force Majeure Event" means [an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars)];
"Game" means Escape the Backrooms as [modified, patched, updated and upgraded] from time to time by or with the authorization of the Licensor [including any DLC];
"Intellectual Property Rights" means [all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs)];
"Licensor" means Fancy Games;
"Permitted Hardware" means a single computer that is owned by and in the physical control of the User and meets the minimum hardware requirements for the Game published by the Licensor from time to time;
"Term" means [the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2]; and
"User" means [the person to whom the Licensor grants a right to use the Game under this EULA in accordance with the preamble to this EULA].
2. Term
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 10 or any other provision of this EULA.
3. License
3.1 The Licensor hereby grants to the User from the date of supply of the Game to the User until the end of the Term a [worldwide, non-exclusive, non-transferable] license to:
(a) install a copy of the Game on the Permitted Hardware;
(b) [install a copy of the Documentation on the Permitted Hardware];
(c) use a single instance of the Game on the Permitted Hardware[];
(d) [view the Documentation on the Permitted Hardware]; and
(e) [create, store and maintain up to [5] back up copies of the Game],
for [the private and domestic purposes of the User] and subject to the limitations and exclusions set out and referred to in this Clause 4.[].]
3.2 The User may permit [the family members and friends of the User] to use the User's installation of the Game on Permitted Hardware in accordance with Steam’s sharing guidelines.
3.3 Any license granted to the User under this Clause 4 shall be subject to the following prohibitions:
(a) [the User must not [sell, resell, rent, lease, loan, license, sub-license, gift, supply, transfer, publish, distribute or redistribute] the Game];
(b) [the User must not make the Game available for download or access by others];
(c) [the User must not commercially exploit the Game or use the Game to provide any service (including using the Game at an internet cafe or computer gaming center)];
(d) [the User must not use the Game in connection with any marketing, advertising or promotional activity];
(e) [the User must not [modify, alter, edit, adapt or create derivative works of] the Game];
(f) [the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Game];
(g) [the User must not delete, remove, disable or circumvent any security protection measures or proprietary notices in or associated with the Game]; and
(h) [the User must not import or export the Game, or otherwise use the Game, in contravention of any applicable laws],
save to the extent expressly permitted by this EULA or permitted by applicable law on a non-excludable basis.[]
3.4 The User acknowledges that the use of the Game and the exercise of the rights of the User under this EULA may require the use of an activation code or key, and further that:
(a) the User shall be responsible for securely storing the activation code or key; and
(b) the Licensor shall have no obligation to replace a lost, stolen or corrupted activation code or key.
4. Distribution Platforms
4.1 In addition to this EULA, the Distribution Platform Terms and Conditions may affect the rights, obligations and liabilities of the User in relation to the Game.
4.2 In the event of any conflict between this EULA and the Distribution Platform Terms and Conditions, the provisions of [the former] OR [the latter] shall take precedence.
4.3 Those provisions of the Distribution Platform Terms and Conditions that impose obligations and/or liabilities on the User in relation to the Game[] are hereby incorporated into this EULA for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
4.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the Distribution Platform Terms and Conditions: [the amounts payable by the User in respect of this EULA; the methods of payment to be used by the User; and any rights of the User to cancel this EULA and receive any refunds of amounts paid in respect of this EULA].
4.5 The User acknowledges that the operator of the Distribution Platform has rights under the Distribution Platform Terms and Conditions which may affect the exercise of the User's rights under this EULA. Subject to Clause 9.1, the Licensor will not be in breach of this EULA as a result of, and will not be liable to the User in respect of:
(a) any act or omission of the operator; or
(b) any loss or damage arising out of the operator's exercise of its rights under the Distribution Platform Terms and Conditions.
5. Intellectual Property Rights
5.1 Nothing in this EULA shall constitute an assignment or transfer of any Intellectual Property Rights of the Licensor.
5.2 Save to the extent expressly provided otherwise in this EULA, all the Intellectual Property Rights and other rights in:
(a) the Game;
(b) the works and materials comprised in the Game; and
(c) any other software or services of the Licensor,
are hereby reserved to the Licensor[].
6. Warranties
6.1 If [the Licensor reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with this EULA infringes any person's Intellectual Property Rights], the Licensor may[] at its own cost and expense:
(a) modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Game in accordance with this EULA.
6.2 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
6.3 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
7. Acknowledgements and warranty limitations
7.1 The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Licensor.[]
7.2 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Licensor gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.
7.3 The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Licensor gives no warranty or representation that the Game will be entirely secure.
7.4 The User acknowledges that they are wholly responsible for configuring their audio and visual settings. The user takes full responsibility for any damages, injuries, or errors that may occur from use of the Game.
8. Limitations and exclusions of liability
8.1 Nothing in this EULA will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
8.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in this EULA:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
8.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
8.4 The Licensor will not be liable to the User in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
8.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
8.7 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed fifty dollars ($50.00 USD).
9. Termination
9.1 This EULA shall immediately and automatically terminate if the User commits any breach of this EULA.
9.2 The Licensor may terminate this EULA immediately by giving written notice of termination to the User if the User commits any breach of this EULA.
10. Effects of termination
10.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses 1, 5, 9, 11 and 12].
10.2 Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
10.3 For the avoidance of doubt, all licenses granted to the User under this EULA shall terminate upon the termination of this EULA. Accordingly, the User must immediately cease to use the Game[] upon the termination of this EULA.
10.4 Within [2 days] following the date of effective termination of this EULA, the User must irreversibly delete or destroy all copies of the Game[] in the possession or control of the User.
11. General
11.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
11.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
11.3 The Licensor may vary this EULA by giving to the User[] prior] written notice of the variation[]. The continued use of the Game by the User following any such variation constitutes the acceptance by the User of that variation. Subject to this, this EULA may only be varied by a written document signed by or on behalf of each of the parties.
11.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to [any successor to all or a substantial part of the business of the Licensor from time to time] OR [any third party] - providing that such action does not serve to reduce the guarantees benefiting the User under this EULA. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
11.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
11.6 Subject to Clause 9.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
11.7 This EULA shall be governed by and construed in accordance with the governing law of Fancy Games.
11.8 Subject to any mandatory requirements of applicable law, the courts of the governing law of Fancy Games shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
12. Health and Safety
12.1 Entering Escape the Backrooms in the included virtual reality mode will require you to wear a headset which will block your view of the real world. Some headsets may also include headphones that will prevent you from hearing your surroundings. You are solely responsible for playing Escape the Backrooms in a hazard-free, safe, and suitable area. As with all virtual reality games, please follow the instructions and warnings provided with your virtual reality hardware.
12.2 In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or images while using a virtual reality device may induce an epileptic seizure, even in people who have no history of seizures or epilepsy.
12.3 Due to its virtual reality nature, Escape the Backrooms can be physically challenging and/or set you off balance. Please consult a physician before playing if you have any doubts.
12.4 Ensure you are in a clear room with enough space around you and check the area for any dangerous objects nearby.
12.5 As the game is in Early Access, some features may not be fully functional and tested for all users and devices. If you experience any discomfort, stop playing the game immediately.
12.6 If you are under the age of 18, please have your parent or legal guardian read and accept this EULA before playing.
12.7 By continuing to play the game, you affirm that you have read these warning as well as the warnings for your hardware and are playing the game voluntarily and that you do not have any health-related issues that may restrict or prevent your participation in the game.
12.8 Fancy Games DOES NOT TAKE RESPONSIBILITY for any injury or damage caused by your actions while playing Escape the Backrooms.
13. Dispute Resolution and Governing Law
13.1 This EULA and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the governing law of the state that Fancy Games is incorporated in, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 12, the exclusive jurisdiction for all disputes (defined below) that are not required to arbitrate will be in the state and federal courts located in the governing law of the state that Fancy Games is incorporated in, and you waive any objection to jurisdiction and venue in such courts.
13.2 You each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, each as they relate to Services used or purchased within the United States (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class action proceeding. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA and that you are waiving the right to a lawsuit in a court of law or trial by jury. This arbitration provision shall survive termination of this EULA.
13.3 If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
Disputes that can be resolved in small claims court, relate to the infringement of our intellectual property, relate or arise out of theft or piracy, or relate or arise out of unauthorized use of the Game do not have to be arbitrated.
13.4 As limited exceptions to Section 22(b) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights.
13.5 You have the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@hypecopilot.com within thirty (30) days following the date you first agree to this EULA.
The American Arbitration Association’s Consumer Arbitration Rules will apply. You may be able to choose the types of evidence you and we can submit depending on the size of your claim.
13.6 The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000 USD, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
13.7 Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we have the right to seek recovery of our attorneys’ fees and costs from you.
13.8 YOU AGREE TO NOT PARTICIPATE IN A CLASS ACTION LAWSUIT AND TO ONLY BRING CLAIMS FORTH AS AN INDIVIDUAL. YOUR DISPUTE CAN’T BE COMBINED WITH OTHER PEOPLE’S CLAIMS.
13.9 If the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
13.10 If we change any of the terms of Section 12 after the date you first accepted this EULA (or accepted any subsequent changes to this EULA), you may reject any such change by sending us written notice sent to support@hypecopilot.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any dispute in accordance with the terms of Section 12 as of the date you last accepted this EULA.
13.11 Notwithstanding the terms of this Section, either party may bring forth a lawsuit for equitable relief for any misuse or infringement of intellectual property rights or for any claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
13.12 With the exception of any of the provisions in Section 12 above, if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
14. Contact
14.1 If you have any questions, comments, or feedback you can contact us at support@hypecopilot.com.