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CASHGRAB END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA” OR “AGREEMENT“) CAREFULLY. BY USING AND PARTICIPATING IN THE GAME YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE GAME.
This EULA governs your participation and use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Game”) and any other product, online service or web site (individually and collectively “Grabba Guild Games Services”) currently offered or which will be offered by GRABBA GUILD GAMES LLC (“Grabba Guild Games”).
Grabba Guild Games reserves the right, at any time and at its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA. Grabba Guild Games will inform you about such revisions through the Steam Service or by a notice during log in. Unless indicated otherwise, such revisions affecting existing Grabba Guild Games Services shall be effective at the earlier of your acceptance, or thirty (30) days after posting. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with this the terms of this EULA.
You can review the most current version of this EULA by clicking on the “EULA” link in the Game. You are responsible for checking this EULA periodically for changes.
I. Rules of Conduct
While participating in the Game, you agree to comply with certain rules of conduct that govern your use of the Game (“Rules of Conduct”).
You may not:
Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as making personal attacks or statements about race, sexual orientation, religion, heritage, physical or mental disabilities, etc. Hate speech is not tolerated.
Disrupt the game with vulgar language, abusiveness, excessive noise and shouting in an attempt to disturb other users.
Indicate falsely that you are a Grabba Guild Games employee or a representative of Grabba Guild Games, or attempt to mislead users by indicating that you represent Grabba Guild Games or any of Grabba Guild Games’ partners or affiliates.
Attempt to get a password, access information, or other private information from anyone else on Grabba Guild Games Services.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game and software.
Engage in anything other than personal communication during the Game, including advertising, promotional messaging or other commercial activities.
Communicate any user’s real-world personal information using a Grabba Guild Games Service.
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Grabba Guild Games Service.
Attempt to use Grabba Guild Games Software on or through any service that is not controlled or authorized by Grabba Guild Games.
Exploit the Game or any of its parts thereof or Grabba Guild Games Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game.
Interfere with the ability of others to enjoy playing a Grabba Guild Games Service or take actions that interfere with or materially increase the cost to provide a Grabba Guild Games Service for the enjoyment of all its users.
Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
Reverse engineer, decompile or disassemble all or any portion of the Game.
Facilitate, create or maintain any unauthorized connection to the Game, including without limitation and (b) any connection using programs or tools not expressly approved by Grabba Guild Games.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exhaustive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Game and for the employees and representatives of Grabba Guild Games. You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Game.
Grabba Guild Games reserves the right to terminate this EULA and to prevent your use of any and all Grabba Guild Games Services if your Access is used to engage in illegal activity or violates these rules of conduct.
II. Limited Use License
Grabba Guild Games hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use the Game and any Content therefrom for your individual, non-commercial, entertainment purposes only. The foregoing license is subject to the following: (1) you have made payment of all applicable fees for the use of the Game and Grabba Guild Games Services and (2) you comply with this EULA and are not otherwise in breach of any Grabba Guild Games Terms of Use. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
The Game may allow or require you to download software, software updates or patches, or other utilities and tools from Steam Services, Grabba Guild Games or its licensors (collectively, “Grabba Guild Games Software”). In such cases, Grabba Guild Games grants to you a non-exclusive, limited license to use Grabba Guild Games Software solely for the purpose stated by Grabba Guild Games at the time the Grabba Guild Games Software is made available to you. If an End User License Agreement is provided with the Grabba Guild Games Software, your use of the Grabba Guild Games Software is subject to the terms of that license agreement in addition to this EULA.
You may not sub-license or charge others to use or access Grabba Guild Games Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Grabba Guild Games Software. You may not modify Grabba Guild Games Software or use it in any way not expressly authorized in writing by Grabba Guild Games. You understand that Grabba Guild Games’ introduction of various technologies may not be consistent across all platforms and that the performance of Grabba Guild Games Software and related Grabba Guild Games Services may vary depending on your Device and other equipment.
From time to time, Grabba Guild Games may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that Grabba Guild Games may, at its sole discretion, stop support of previous versions of the Game upon availability of an updated version.
III. Consent to Monitor
When you use the Game, or participate in any other Grabba Guild Games Service, the Internet protocol address from which you access any of the above may be stored in our records or those of a third-party service provider. When the Game, or any element or module thereof, is updated or “patched,” Steam Services may check your Device to see that you have the most recent version of game-specific files.
When you communicate within the Game or use any communication feature in the Game (e.g. live chat and the like), you do so with the understanding that those communications go through our servers, or those of a third-party service provider, and can be monitored. You have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications that you send and receive.
IV. Intellectual Property
Grabba Guild Games Services and all title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, catchphrases, logos, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by Grabba Guild Games or Grabba Guild Games’ licensors and are protected by United States and International copyright, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a Grabba Guild Games Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game. Grabba Guild Games reserves all rights in Grabba Guild Games owned and licensed Game and Grabba Guild Games Services that are not expressly granted to you in this EULA or Grabba Guild Games Terms. You acknowledge that Grabba Guild Games and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of the Game may result in the termination of this EULA, prohibition on use of Grabba Guild Games Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
V. Virtual Goods
The Game may feature virtual goods. Virtual goods include but are not limited to virtual items (characters, character appearance modifications, accessories, weapons, power-ups and items), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game or we may allow you to “purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods (such as virtual currency) may be offered for sale through Steam. Virtual Goods purchased on Steam will be subject to that platform’s terms and conditions. Please review those terms and conditions for further information before completing your purchase. Grabba Guild Games does not control how you can pay or how refunds may be issued on other platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and Grabba Guild Games is not a party to the transaction.
Virtual Goods are licensed to you, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion.
Grabba Guild Games reserves the right to modify the price for Virtual Goods that may be “purchased” at any time and the retail price for Virtual Goods does not need to be linear.
Grabba Guild Games has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time at its sole discretion and Grabba Guild Games shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real money” or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this EULA, the Grabba Guild Games Terms or otherwise permitted in the gameplay.
All purchase of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from Grabba Guild Games at any time.
Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
VI. Access to the Game
THE GAME MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE GAME WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR DEVICE; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE GAME; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR DEVICE ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE GAME, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE GAME THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL GRABBA GUILD GAMES BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR DEVICE BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE GAME. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
VII. Termination
This EULA is effective from the earlier of the date you purchase, download or use the Game, until terminated according to its terms. Both you and Grabba Guild Games (or its licensors) may terminate this EULA at any time for any reason or for no reason. Termination by Grabba Guild Games will be effective upon notice to you, termination or deletion of your Account (if any), or Grabba Guild Games’ decision to permanently discontinue offering and/or supporting the Game, which it may do at any time at its sole discretion. You may terminate this EULA at any time by notifying Grabba Guild Games at G2GamesLegal@gmail.com. Upon termination of this Agreement, your right to use the Game shall immediately cease; you must immediately uninstall the Game and destroy all copies of the Game in your possession.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law.
VIII. Disclaimers & Indemnification
This Section shall survive termination of this EULA.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER GRABBA GUILD GAMES SERVICE, GRABBA GUILD GAMES SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, GRABBA GUILD GAMES SERVICES, GRABBA GUILD GAMES SOFTWARE, CONTENT, GRABBA GUILD GAMES PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. GRABBA GUILD GAMES PROVIDES THE GAME AND GRABBA GUILD GAMES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT YOU WILL BE ABLE TO ACCESS OR USE GRABBA GUILD GAMES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GRABBA GUILD GAMES WILL HAVE ADEQUATE CAPACITY FOR GRABBA GUILD GAMES SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA, OR THAT THE GRABBA GUILD GAMES SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE GRABBA GUILD GAMES SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GRABBA GUILD GAMES OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY GRABBA GUILD GAMES SERVICES. YOU ACKNOWLEDGE AND AGREE THAT GRABBA GUILD GAMES, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY GRABBA GUILD GAMES SERVICES OR USE OF GRABBA GUILD GAMES SOFTWARE. IN NO CASE SHALL GRABBA GUILD GAMES OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “GRABBA GUILD GAMES AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO GRABBA GUILD GAMES FOR GRABBA GUILD GAMES SERVICES. IN NO CASE SHALL GRABBA GUILD GAMES OR GRABBA GUILD GAMES AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF GRABBA GUILD GAMES SERVICES, GRABBA GUILD GAMES SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF GRABBA GUILD GAMES SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, GRABBA GUILD GAMES’ AND GRABBA GUILD GAMES AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
B. Indemnification
Upon Grabba Guild Games’ request, you agree to defend, indemnify and hold harmless Grabba Guild Games and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other Grabba Guild Games Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold Grabba Guild Games harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to Grabba Guild Games, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.
Grabba Guild Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Grabba Guild Games in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: GRABBA GUILD GAMES MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND GRABBA GUILD GAMES SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO VIRTUAL GOODS YOU MAY HAVE “EARNED” OR “PURCHASED”. GRABBA GUILD GAMES RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
D. Third-Party Features
As applicable, certain parts of the Game may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
IX. Dispute Resolution
A. Equitable Remedies
You hereby acknowledge and agree that Grabba Guild Games would suffer irreparable harm if this EULA or any of the Grabba Guild Games Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Grabba Guild Games shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other Grabba Guild Games Terms.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other Grabba Guild Games Terms (“Dispute”), you and Grabba Guild Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Grabba Guild Games will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to Grabba Guild Games via email to G2GamesLegal@gmail.com.
C. Formal Dispute Resolution
If you and Grabba Guild Games are unable to resolve a Dispute through informal negotiations, either you or Grabba Guild Games may elect to have the Dispute finally and exclusively resolved by the courts of the State of Florida.
X. General Terms
A. Remedies
You agree that this EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that the Terms of Use, the Privacy Policy, this EULA and any other Grabba Guild Games Terms, including Grabba Guild Games‘ enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of this EULA or the Grabba Guild Games Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Grabba Guild Games, and the remaining portions shall remain in full force and effect.
C. Assignment
Grabba Guild Games may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without Grabba Guild Games’ prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of Grabba Guild Games (or its licensors) to exercise or enforce any right or provision of this EULA or any Grabba Guild Games Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Grabba Guild Games (or its licensors) of any provision, condition or requirement of this EULA or any Grabba Guild Games Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure
Grabba Guild Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Grabba Guild Games, including, without limitation, acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemic, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law
This agreement, and the rights and obligations of you and Grabba Guild Games concerning the Game, shall be construed and enforced under Florida law as such law is applied to agreements between Florida residents entered into and to be performed within Florida, without regard to Florida’s Conflicts of Law principles. To the extent any claims are governed by Federal law, such Federal law also shall be applicable. You and Grabba Guild Games consent to the exclusive personal jurisdiction of the State and Federal courts located in Florida in connection with any claim or dispute concerning this agreement or the Game, and you and Grabba Guild Games waive any objection based on the venue or inconvenience of such forum. If you are from outside the United States, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
G. Entire Agreement
This EULA and any other Grabba Guild Games Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and Grabba Guild Games relating to your rights and obligations in the use of the Game and the Grabba Guild Games Services. If there is any conflict between this EULA and any other Grabba Guild Games Terms, Grabba Guild Games shall resolve the conflict at its sole discretion.
For any questions concerning this EULA, you may contact Grabba Guild Games at G2GamesLegal@gmail.com.
Date of Last Revision: 7 September, 2022
PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA” OR “AGREEMENT“) CAREFULLY. BY USING AND PARTICIPATING IN THE GAME YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE GAME.
This EULA governs your participation and use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Game”) and any other product, online service or web site (individually and collectively “Grabba Guild Games Services”) currently offered or which will be offered by GRABBA GUILD GAMES LLC (“Grabba Guild Games”).
Grabba Guild Games reserves the right, at any time and at its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA. Grabba Guild Games will inform you about such revisions through the Steam Service or by a notice during log in. Unless indicated otherwise, such revisions affecting existing Grabba Guild Games Services shall be effective at the earlier of your acceptance, or thirty (30) days after posting. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with this the terms of this EULA.
You can review the most current version of this EULA by clicking on the “EULA” link in the Game. You are responsible for checking this EULA periodically for changes.
I. Rules of Conduct
While participating in the Game, you agree to comply with certain rules of conduct that govern your use of the Game (“Rules of Conduct”).
You may not:
Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as making personal attacks or statements about race, sexual orientation, religion, heritage, physical or mental disabilities, etc. Hate speech is not tolerated.
Disrupt the game with vulgar language, abusiveness, excessive noise and shouting in an attempt to disturb other users.
Indicate falsely that you are a Grabba Guild Games employee or a representative of Grabba Guild Games, or attempt to mislead users by indicating that you represent Grabba Guild Games or any of Grabba Guild Games’ partners or affiliates.
Attempt to get a password, access information, or other private information from anyone else on Grabba Guild Games Services.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game and software.
Engage in anything other than personal communication during the Game, including advertising, promotional messaging or other commercial activities.
Communicate any user’s real-world personal information using a Grabba Guild Games Service.
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Grabba Guild Games Service.
Attempt to use Grabba Guild Games Software on or through any service that is not controlled or authorized by Grabba Guild Games.
Exploit the Game or any of its parts thereof or Grabba Guild Games Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game.
Interfere with the ability of others to enjoy playing a Grabba Guild Games Service or take actions that interfere with or materially increase the cost to provide a Grabba Guild Games Service for the enjoyment of all its users.
Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
Reverse engineer, decompile or disassemble all or any portion of the Game.
Facilitate, create or maintain any unauthorized connection to the Game, including without limitation and (b) any connection using programs or tools not expressly approved by Grabba Guild Games.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exhaustive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Game and for the employees and representatives of Grabba Guild Games. You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Game.
Grabba Guild Games reserves the right to terminate this EULA and to prevent your use of any and all Grabba Guild Games Services if your Access is used to engage in illegal activity or violates these rules of conduct.
II. Limited Use License
Grabba Guild Games hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use the Game and any Content therefrom for your individual, non-commercial, entertainment purposes only. The foregoing license is subject to the following: (1) you have made payment of all applicable fees for the use of the Game and Grabba Guild Games Services and (2) you comply with this EULA and are not otherwise in breach of any Grabba Guild Games Terms of Use. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
The Game may allow or require you to download software, software updates or patches, or other utilities and tools from Steam Services, Grabba Guild Games or its licensors (collectively, “Grabba Guild Games Software”). In such cases, Grabba Guild Games grants to you a non-exclusive, limited license to use Grabba Guild Games Software solely for the purpose stated by Grabba Guild Games at the time the Grabba Guild Games Software is made available to you. If an End User License Agreement is provided with the Grabba Guild Games Software, your use of the Grabba Guild Games Software is subject to the terms of that license agreement in addition to this EULA.
You may not sub-license or charge others to use or access Grabba Guild Games Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Grabba Guild Games Software. You may not modify Grabba Guild Games Software or use it in any way not expressly authorized in writing by Grabba Guild Games. You understand that Grabba Guild Games’ introduction of various technologies may not be consistent across all platforms and that the performance of Grabba Guild Games Software and related Grabba Guild Games Services may vary depending on your Device and other equipment.
From time to time, Grabba Guild Games may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that Grabba Guild Games may, at its sole discretion, stop support of previous versions of the Game upon availability of an updated version.
III. Consent to Monitor
When you use the Game, or participate in any other Grabba Guild Games Service, the Internet protocol address from which you access any of the above may be stored in our records or those of a third-party service provider. When the Game, or any element or module thereof, is updated or “patched,” Steam Services may check your Device to see that you have the most recent version of game-specific files.
When you communicate within the Game or use any communication feature in the Game (e.g. live chat and the like), you do so with the understanding that those communications go through our servers, or those of a third-party service provider, and can be monitored. You have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications that you send and receive.
IV. Intellectual Property
Grabba Guild Games Services and all title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, catchphrases, logos, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by Grabba Guild Games or Grabba Guild Games’ licensors and are protected by United States and International copyright, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a Grabba Guild Games Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game. Grabba Guild Games reserves all rights in Grabba Guild Games owned and licensed Game and Grabba Guild Games Services that are not expressly granted to you in this EULA or Grabba Guild Games Terms. You acknowledge that Grabba Guild Games and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of the Game may result in the termination of this EULA, prohibition on use of Grabba Guild Games Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
V. Virtual Goods
The Game may feature virtual goods. Virtual goods include but are not limited to virtual items (characters, character appearance modifications, accessories, weapons, power-ups and items), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game or we may allow you to “purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods (such as virtual currency) may be offered for sale through Steam. Virtual Goods purchased on Steam will be subject to that platform’s terms and conditions. Please review those terms and conditions for further information before completing your purchase. Grabba Guild Games does not control how you can pay or how refunds may be issued on other platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and Grabba Guild Games is not a party to the transaction.
Virtual Goods are licensed to you, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion.
Grabba Guild Games reserves the right to modify the price for Virtual Goods that may be “purchased” at any time and the retail price for Virtual Goods does not need to be linear.
Grabba Guild Games has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time at its sole discretion and Grabba Guild Games shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real money” or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this EULA, the Grabba Guild Games Terms or otherwise permitted in the gameplay.
All purchase of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from Grabba Guild Games at any time.
Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
VI. Access to the Game
THE GAME MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE GAME WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR DEVICE; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE GAME; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR DEVICE ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE GAME, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE GAME THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL GRABBA GUILD GAMES BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR DEVICE BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE GAME. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
VII. Termination
This EULA is effective from the earlier of the date you purchase, download or use the Game, until terminated according to its terms. Both you and Grabba Guild Games (or its licensors) may terminate this EULA at any time for any reason or for no reason. Termination by Grabba Guild Games will be effective upon notice to you, termination or deletion of your Account (if any), or Grabba Guild Games’ decision to permanently discontinue offering and/or supporting the Game, which it may do at any time at its sole discretion. You may terminate this EULA at any time by notifying Grabba Guild Games at G2GamesLegal@gmail.com. Upon termination of this Agreement, your right to use the Game shall immediately cease; you must immediately uninstall the Game and destroy all copies of the Game in your possession.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law.
VIII. Disclaimers & Indemnification
This Section shall survive termination of this EULA.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER GRABBA GUILD GAMES SERVICE, GRABBA GUILD GAMES SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, GRABBA GUILD GAMES SERVICES, GRABBA GUILD GAMES SOFTWARE, CONTENT, GRABBA GUILD GAMES PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. GRABBA GUILD GAMES PROVIDES THE GAME AND GRABBA GUILD GAMES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT YOU WILL BE ABLE TO ACCESS OR USE GRABBA GUILD GAMES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GRABBA GUILD GAMES WILL HAVE ADEQUATE CAPACITY FOR GRABBA GUILD GAMES SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA, OR THAT THE GRABBA GUILD GAMES SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE GRABBA GUILD GAMES SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GRABBA GUILD GAMES OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY GRABBA GUILD GAMES SERVICES. YOU ACKNOWLEDGE AND AGREE THAT GRABBA GUILD GAMES, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY GRABBA GUILD GAMES SERVICES OR USE OF GRABBA GUILD GAMES SOFTWARE. IN NO CASE SHALL GRABBA GUILD GAMES OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “GRABBA GUILD GAMES AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO GRABBA GUILD GAMES FOR GRABBA GUILD GAMES SERVICES. IN NO CASE SHALL GRABBA GUILD GAMES OR GRABBA GUILD GAMES AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF GRABBA GUILD GAMES SERVICES, GRABBA GUILD GAMES SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF GRABBA GUILD GAMES SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, GRABBA GUILD GAMES’ AND GRABBA GUILD GAMES AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
B. Indemnification
Upon Grabba Guild Games’ request, you agree to defend, indemnify and hold harmless Grabba Guild Games and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other Grabba Guild Games Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold Grabba Guild Games harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to Grabba Guild Games, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.
Grabba Guild Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Grabba Guild Games in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: GRABBA GUILD GAMES MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND GRABBA GUILD GAMES SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO VIRTUAL GOODS YOU MAY HAVE “EARNED” OR “PURCHASED”. GRABBA GUILD GAMES RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
D. Third-Party Features
As applicable, certain parts of the Game may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
IX. Dispute Resolution
A. Equitable Remedies
You hereby acknowledge and agree that Grabba Guild Games would suffer irreparable harm if this EULA or any of the Grabba Guild Games Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Grabba Guild Games shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other Grabba Guild Games Terms.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other Grabba Guild Games Terms (“Dispute”), you and Grabba Guild Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Grabba Guild Games will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to Grabba Guild Games via email to G2GamesLegal@gmail.com.
C. Formal Dispute Resolution
If you and Grabba Guild Games are unable to resolve a Dispute through informal negotiations, either you or Grabba Guild Games may elect to have the Dispute finally and exclusively resolved by the courts of the State of Florida.
X. General Terms
A. Remedies
You agree that this EULA is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this EULA. You also understand and agree that the Terms of Use, the Privacy Policy, this EULA and any other Grabba Guild Games Terms, including Grabba Guild Games‘ enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability
If any part of this EULA or the Grabba Guild Games Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Grabba Guild Games, and the remaining portions shall remain in full force and effect.
C. Assignment
Grabba Guild Games may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without Grabba Guild Games’ prior written consent, and any unauthorized assignment by you shall be null and void.
D. Waiver
The failure of Grabba Guild Games (or its licensors) to exercise or enforce any right or provision of this EULA or any Grabba Guild Games Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Grabba Guild Games (or its licensors) of any provision, condition or requirement of this EULA or any Grabba Guild Games Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure
Grabba Guild Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Grabba Guild Games, including, without limitation, acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemic, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law
This agreement, and the rights and obligations of you and Grabba Guild Games concerning the Game, shall be construed and enforced under Florida law as such law is applied to agreements between Florida residents entered into and to be performed within Florida, without regard to Florida’s Conflicts of Law principles. To the extent any claims are governed by Federal law, such Federal law also shall be applicable. You and Grabba Guild Games consent to the exclusive personal jurisdiction of the State and Federal courts located in Florida in connection with any claim or dispute concerning this agreement or the Game, and you and Grabba Guild Games waive any objection based on the venue or inconvenience of such forum. If you are from outside the United States, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
G. Entire Agreement
This EULA and any other Grabba Guild Games Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and Grabba Guild Games relating to your rights and obligations in the use of the Game and the Grabba Guild Games Services. If there is any conflict between this EULA and any other Grabba Guild Games Terms, Grabba Guild Games shall resolve the conflict at its sole discretion.
For any questions concerning this EULA, you may contact Grabba Guild Games at G2GamesLegal@gmail.com.
Date of Last Revision: 7 September, 2022