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END USER LICENSE AGREEMENT
AND TERMS OF USE
        

Updated on : [06/24/24]

This End User Licensee Agreement and Terms of Use (the “EULA”) is entered into between you and Wabisabi Design, Inc. (“Wabisabi”) and applies to any game, website or service provided by Wabisabi including but not limited to the video game “RKGK / Rakugaki” (the “Game”), the website http://www.wabisabi.design (the “Website”), and any other product or service to which Wabisabi chooses to apply the EULA (collectively, the “Service”).

BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE EULA. 

THIS EULA CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT CAREFULLY.


  1. UPDATES
    • 1.1 EULA Updates. Wabisabi reserves the right to modify the EULA at any time in its sole discretion (each, an “Update”) and shall make any Update available by posting the amended EULA on the Website and/or by providing you with digital access to the amended EULA when accessing the Service. Unless Wabisabi states otherwise, an Update is automatically effective 30 days after posting. You are deemed to accept any Update by continuing to use the Service.
    • 1.2 Game Updates and Patches. Wabisabi, in its sole discretion, may provide patches, updates and/or upgrades to the Game that must be installed for you to continue to use and access the Game. Wabisabi may also: (a) update the Game remotely without notifying you; and (b) modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Game and/or Service, in whole or in part, at any time, subject to any third-party (such as game platform owners) contractual obligations placed on Wabisabi. You hereby: (i) consent to Wabisabi applying patches, updates, and upgrades to the Game; (ii) acknowledge that your use of the Game and/or Service does not confer on you any interest, monetary or otherwise, in any content, aspect and/or feature of the Game and/or Service, including but not limited to (if and where applicable) any in-game items, trophies, achievements, character levels, rewards or other in-game content; (iii) acknowledge that any Game player data, settings, customization, rewards or other data related to your use of the Game may cease to be available to you at any time without notice from Wabisabi, including without limitation after a patch, update, or upgrade is applied by Wabisabi; and (iv) acknowledge that Wabisabi does not have any maintenance or support obligations with respect to the Game and/or Service.
  2. LICENSES AND SOCIAL CONTENT
    • 2.1 License. If you have purchased the Game for use on a compatible device and/or service, Wabisabi grants you a non-exclusive, non-sublicensable, limited and revocable license to install and use the Game for your personal and non- commercial entertainment use and so long as such use is consistent with the foregoing license. In addition, if accessing the Service through a web browser or other online portal, Wabisabi grants you a non-exclusive, non-sublicensable, revocable, limited subscription to access the Service for your personal and non- commercial use. Wabisabi, in its sole discretion, may revoke any license provided to you under this EULA at any time and for any reason (or for no reason).
    • 2.2 Streaming and Social Media License. Notwithstanding Section 2.1, if you purchased the Game for use on a compatible device and/or service, Wabisabi grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display the Game on online video streaming websites, such as YouTube and Twitch, and on social media, such as tweeting a GIF, screenshot or video (collectively, “Social Content”). Your Social Content:
      • a. may not imply, or cause someone to believe that it is, (i) official content released by Wabisabi, (ii) endorsed by Wabisabi, or (iii) approved by Wabisabi;
      • b. may not use any intellectual property of Wabisabi in a way that is derogatory to Wabisabi (as determined by Wabisabi), including but not limited to Social Content that damages the goodwill and reputation of Wabisabi;
      • c. may not have any commercial purpose and/or objective, except that you are hereby permitted to monetize web videos containing Game intellectual property (such as let’s play videos, livestreams, guide videos, reviews and gameplay) with advertisements, so long as such use complies with this EULA;
      • d. must be consistent with the spirit and tone of Wabisabi (as determined by Wabisabi);
      • e. must comply with applicable law and this EULA;
      • f. may not violate the intellectual property, privacy, personality, confidentiality and/or any other right of others; and
      • g. must not be offensive, obscene, pornographic, sexually explicit, defamatory, objectionable, or harmful to others.
    • 2.3 Wabisabi Marks. If Social Content includes Wabisabi domains, logos, tradenames, in-game names (including but not limited to locations, characters, abilities, etc.), brands, or any other trademarks (collectively, “Wabisabi Marks”), you shall not: (a) use Wabisabi Marks to promote yourself, your own Social Content or businesses, products and/or ventures; (b) use Wabisabi Marks in a manner that damages the goodwill and reputation of Wabisabi (in Wabisabi’s discretion); and/or (c) alter Wabisabi Marks in any manner. In addition, you shall not register or use domains, logos, tradenames, in-game names, brands or other trademarks that are confusingly similar to Wabisabi Marks (such similarity as determined by Wabisabi in its sole discretion).
  3. MODS
    4. If you have purchased and downloaded the Game, you may modify certain parts of the Game by creating and adding new and original content and features, tools and/or plug-ins to the extent the foregoing is permitted by Wabisabi (collectively, “Mods”). For clarity, Mods do not contain a substantial part of Wabisabi’s code and/or content, and creating a Mod does not convey any right, title or ownership in any Wabisabi intellectual property. Wabisabi shall determine what constitutes a Mod in its sole discretion. You are not permitted to distribute or sell Mods or otherwise make money in any capacity from Mods (including but not limited to through crowdfunding platforms such as Patreon, but excluding Social Content). You are solely responsible for any Mods you create. Wabisabi does not guarantee any ongoing compatibility of the Game with Mods and is not liable to you or any third party for any related loss incurred in relation to Mods.
  4. ACCESS TO THE SERVICE
    • 4.1 Age of Access and Restrictions. The Service is provided for people of all ages, but if you are below the age of consent in your jurisdiction, you must have and provide the consent of your parent or guardian to use the Service if required by the laws applicable in your jurisdiction. Wabisabi may also request a heightened level of verifiable parental consent if required by the laws applicable in your jurisdiction. In accessing the Service, you represent and warrant that you are not: (a) accessing the Service from a country under a United States Government embargo or a country that the United States Government has designated as a “terrorist supporting” country; or (b) listed on any United States Government list of prohibited or restricted parties.
    • 4.2 Accounts and Login Information. Access to the Service may require you to register an account through a third party, such as Steam (each, an “Account”). In order to access an Account, you may be required to obtain a user ID and password (collectively, “Login Information”). You shall manage and ensure the security, confidentiality and authorized use of Login Information. Wabisabi strongly recommends that you keep your Login Information confidential on any third party platforms that grant access to the Game.
    • 4.3 Third Parties. If you access the Service using a third-party service, including but not limited to Valve Corporation, such third-party shall be deemed third-party beneficiary to this EULA (the “Third-Party Beneficiary”), even though the Third- Party Beneficiary is not a party to this EULA and is not responsible for the provision or support of the Service. You agree that your access to the Service is subject to the usage terms set forth in the applicable Third-Party Beneficiary’s end user license agreement, terms of use and/or any other applicable policy. Furthermore, if you access the Service through a third party, including a Third-Party Beneficiary or a mobile network provider, you represent and warrant that you are not violating any agreement with such third parties.
  5. USE OF THE SERVICE
    • 5.1 Authorized Use. You shall not and may not attempt to:
      • a. use the Service, including but not limited to the Game, commercially or for any promotional purpose except as expressly permitted by Wabisabi;
      • b. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
      • c. alter, change or circumvent security related aspects of the Service;
      • d. use any automated system (robot, spider, etc.) to access the Service;
      • e. reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service unless expressly permitted by Wabisabi;
      • f. break, disrupt or attempt to break or disrupt any device used to support the Service or experience of another person or knowingly exploit a flaw or bug in the Service;
      • g. use the Service store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights;
      • h. use the Service to harass, dox, abuse, stalk, threaten or impersonate any person;
      • i. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by Wabisabi;
      • j. promote, encourage or undertake illegal activity or communicate, link to, post, submit or upload content on the Service that contains objectionable or offensive conduct; or
      • k. use the Service to infringe or violate third-party rights including but not limited to (i) contractual rights (including rights contained in a Third-Party Beneficiary’s end user license agreement, terms of use and/or any other applicable policy), (ii) copyright, patent, trademark or trade secret rights, (iii) privacy rights, (iv) publicity rights, or (v) confidential information, as determined by Wabisabi in its sole discretion.
    • 5.2 Suspension and Termination. Wabisabi may suspend, terminate and/or modify the terms of your access to the Service including but not limited to the Game, and/or any license granted to you in this EULA, without notice or compensation to you, wherein Wabisabi will also not be liable to you or any third party for any related loss incurred, at any time for any reason (or for no reason) including but not limited to technical issues or non-compliance with the EULA. Wabisabi has sole discretion to lift a suspension or reverse a termination. Your access to the Service including but not limited to the Game, automatically terminates upon the earliest of the date: (a) you or Wabisabi terminates access; or (b) of your non-compliance with the EULA. You may terminate access by ceasing access to the Service and uninstalling Game from all computers, consoles and/or mobile devices, then notifying Wabisabi using the contact information provided below.
    • 5.3 Privacy Policy. Use of the Service is governed by a Privacy Policy and/or Privacy Notice (collectively, “Privacy Policy”) detailing how Wabisabi and/or the Game’s third-party publishing services provider Crystal Dynamics, Inc. (“Publisher”) collects, uses and discloses personal and anonymous data about you and is available on the Website found at https://www.wabisabi.games/privacy-policy and/or on the Publisher’s website found at https://www.crystaldynamics.com/legal/privacy-general/. If at any time you disagree with the Privacy Policy, you must immediately stop use of the Service and contact Wabisabi (and, if applicable, the Publisher) by following the procedures as detailed in the Privacy Policy.
  6. PROPRIETARY RIGHTS
    • 6.1 Ownership and Rights. Wabisabi retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, and Wabisabi Marks. The Service, including but not limited to the Game, is licensed, not sold, to you under this EULA. The EULA does not convey any right, title or interest in, or constitute the sale of any right to, the Service, including but not limited to the Game.
    • 6.2 User Content. “User Content” includes Social Content, Mods and any information that you submit, transmit or upload while using the Service including comments, recommendations, advice, ideas, submissions, forum posts, or other information. By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license User Content and you grant Wabisabi an exclusive (non-exclusive in the case of Social Content and Mods), irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Wabisabi reserves the right to review, edit, delete or block access to User Content without notice. Wabisabi is under no obligation to review or act upon any User Content that you may provide.
  7. DISCLAIMERS AND LIMITATION OF LIABILITY
    • 7.1 WABISABI DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND WABISABI, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, ASSIGNS AND SHAREHOLDERS (COLLECTIVELY, “RELATED PARTIES”), AS WELL AS PUBLISHER, ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, ASSIGNS, AND SHAREHOLDERS (COLLECTIVELY, “PUBLISHER PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD- PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, WABISABI, ALL RELATED PARTIES, PUBLISHER, AND ALL PUBLISHER PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE AND/OR YOUR USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHTS HELD BY A THIRD PARTY, WILL MEET YOUR REQUIREMENTS, COMPLY WITH THE SPECIFICATIONS OF YOUR COMPUTER, THIRD-PARTY SOFTWARE, GAME CONSOLE AND/OR MOBILE DEVICE, WILL NOT CONTAIN A VIRUS OR ALTERED CONTENT IF DOWNLOADED FROM AN UNKNOWN OR UNVERIFIED SOURCE, OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR-FREE, WILL NOT HARM COMPUTERS, CONSOLES OR MOBILE DEVICES, RESULT IN LOST DATA, OR BE SECURE AGAINST UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY WABISABI, ITS RELATED PARTIES, PUBLISHER, OR THE PUBLISHER PARTIES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
    • 7.2 THIRD-PARTY BENEFICIARY DISCLAIMER. IF YOU ARE ACCESSING THE SERVICE THROUGH A THIRD-PARTY BENEFICIARY, IN NO WAY SHALL SUCH THIRD-PARTY BENEFICIARY BE RESPONSIBLE FOR: (A) THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM BROUGHT FORTH BY YOU; OR (B) ANY CLAIM BROUGHT FORTH BY YOU, INCLUDING (I) PRODUCT LIABILITY CLAIMS; (II) CLAIMS THAT THE SERVICE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LEGISLATION.
    • 7.3 LIMITATION OF LIABILITY. WABISABI, ITS RELATED PARTIES, PUBLISHER, AND THE PUBLISHER PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD- PARTY SERVICES INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USER DATA, EVEN IF WABISABI, PUBLISHER, OR THE PUBLISHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
    • 7.4 MAXIMUM AGGREGATE LIABILITY. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD WABISABI FROM LIABILITY, YOU AGREE THAT WABISABI’S, PUBLISHER’S, AND PUBLISHER PARTIES’ MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO WABISABI (WHETHER DIRECTLY OR VIA A THIRD PARTY) IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.
  8. INDEMNIFICATION
    9. You shall defend and indemnify Wabisabi, Related Parties, Publisher and the Publisher Parties against any claim, demand, suit or proceeding made or brought against Wabisabi, Related Parties, Publisher and/or the Publisher Parties in connection with your use of the Service, including but not limited to: (a) your breach of this EULA; (b) your violation of any law or the rights of third parties; (c) any damage, injury or death you cause or act of negligence, gross negligence or intentional misconduct you engage in while using the Service; and (d) any information or other materials you provide Wabisabi, Publisher, or the Publisher Parties and/or create in relation to the Service which infringes or misappropriating a third party’s intellectual property or other proprietary rights (including but not limited to User Content, Social Content and/or Mods). You agree to reimburse Wabisabi or Publisher (as applicable) on demand for any defense costs incurred by Wabisabi, Related Parties, Publisher and/or the Publisher Parties and any payments made or loss suffered by Wabisabi, Related Parties, Publisher and/or the Publisher Parties whether in a court judgment or settlement, based on any matter covered by this Section 8.
  9. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
    • 9.1 Arbitration. You agree to that any disputes or claims between you and Wabisabi and/or Publisher, including Related Parties and Publisher Parties, shall be resolved by final and binding arbitration to be conducted in Los Angeles, California, United States. The arbitration shall be commenced and conducted in accordance with the International Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). Your arbitration fees and your share of the arbitrator’s compensation shall be governed by and, where appropriate, limited by JAMS. The arbitrator will apply Delaware law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitral proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy hereof. The arbitration shall be commenced and conducted in accordance with JAMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION 9.
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    • 9.2 Class Action Waiver and Prohibition. YOU AGREE THAT ANY ARBITRATION OF A DISPUTE OR CLAIM SHALL BE LIMITED BETWEEN WABISABI, RELATED PARTIES, PUBLISHER, THE PUBLISHER PARTIES AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION SHALL BE JOINT WITH ANY OTHER AND YOU HAVE NO RIGHT OR AUTHORITY TO: (A) ARBITRATE A DISPUTE OR CLAIM ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND TO (B) RAISE A DISPUTE OR CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE OR CLAIM RESOLVED AS A PLAINTIFF OR MEMBER OF A CLASS ACTION.
  10. GENERAL
    • 10.1 Governing Law. The EULA is governed by the laws of the state of Delaware and the laws of the United States, without reference to principles of conflicts of laws. The parties irrevocably attorn to the jurisdiction of the appropriate state and federal courts of the state of California to hear any proceedings related to the EULA.
    • 10.2 Severability and Waiver. If any provision of the EULA is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of the EULA in full force and effect. No failure or delay by a party in exercising any right, power or remedy under the EULA constitutes a waiver.
    • 10.3 Assignment. Subject to applicable laws, Wabisabi may assign the EULA without your consent or notice to you, including to an affiliate, subsidiary or a successor in title to the Service or where some or all of Wabisabi assets are sold or transferred in business transaction. You cannot assign the EULA.
    • 10.4 Survival. Sections 6, 7, 8, 9 and 10 survive termination of the EULA.
    • 10.5 Entire Agreement. The EULA, together with the Privacy Policy, constitutes the entire agreement between you and Wabisabi with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
    • 10.6 Contact. If you have requests, questions or comments about the EULA in general, please contact our us at [hello@wabisabi.design] or:


Wabisabi Design, Inc.
[hello@wabisabi.design]