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END USER LICENSE AGREEMENT
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
QUByte Interactive through the present contract provides you with game software (the "Game") for use with the online component of the Game (a "Game Server"). Together, the Game and a Game Server make up the Game. This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game, while the Terms of Service (the "TOS"), governs your use of the Game Server. By installing or using the Game, you agree to be bound by the terms of this Agreement and the TOS.
1. Limited License. The Game is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, QUByte Interactive hereby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to (a) download and install the Game onto a "System" owned by you, and (b) use the Game in conjunction with a Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of QUByte Interactive' intellectual property rights:
a. You may not sell, license or transfer the Game, or any reproductions or modifications thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by QUByte Interactive;
c. You may not modify the Game or any portion thereof;
d. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
e. You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to a Game Server except by using an authorized, unmodified Game through a QUByte Interactive authorized third party computer service as set forth herein; or
h. You may not use the Game to connect to any server or service other than a Game Server through a QUByte Interactive authorized third party service.
The license granted herein confers no title or ownership in the Game (including without limitation the Game) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, music, etc.) are owned by QUByte Interactive or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Games under your custody or control.
3. Ownership. You agree that, between you and QUByte Interactive, QUByte Interactive owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the United States, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor. When the Game is running, QUByte Interactive may monitor your System for uses that violate the Limited License Section. You hereby grant QUByte Interactive, permission to monitor your System for purposes of identifying such use and communicating potential violations to QUByte Interactive.
QUByte Interactive, its affiliates and its contractors are under no obligation to monitor your System.
5. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IF ANY SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION, THEN SUCH WARRANTIES APPLICABLE TO THIS GAME SHALL BE LIMITED TO THE 90 DAY PERIOD DESCRIBED ABOVE.
6. LIMITATION OF LIABILITY.
a. Neither you, QUByte Interactive, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with this EULA, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
b. Nothing in this EULA will exclude or limit either party's liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.
7. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QUBYTE INTERACTIVE, ITS DIRECTORS, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO ANY BREACH BY YOU OF THE LIMITED LICENSE SECTION.
8. Changes to Agreement and Game. QUByte Interactive may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA.
QUByte Interactive may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
9. Patches and Updates. QUByte Interactive may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game installed on your System. Updates are not optional. You agree that QUByte Interactive may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for QUByte Interactive to download and apply such Updates.
10. Remedies. You acknowledge that QUByte Interactive may suffer irreparable damage if you breach any of the provisions governing ownership, the licence granted or licence limitations. In the event of such a breach, QUByte Interactive shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.
11. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
12. Dispute Resolution and Governing Law.
a. The construction, validity and performance of this EULA and all non-contractual obligations arising from or connected with this EULA, shall be governed by the law of the jurisdiction of your habitual residence.
b. Any action or proceeding brought to adjudicate any dispute related to this EULA or the Service shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction of your habitual residence (unless otherwise agreed in writing by both parties).
c. Severability. You and QUByte Interactive agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
13. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between QUByte Interactive and you. QUByte Interactive would not be able to provide the Game (including without limitation the Game) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of QUByte Interactive' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of QUByte Interactive. You may not assign this Agreement, in whole or in part, without QUByte Interactive' prior written consent and any attempted assignment in violation of this provision shall be null and void. QUByte Interactive may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.
Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and QUByte Interactive with respect to the Game and supersedes all prior agreements between you and QUByte Interactive pertaining to the Game. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate equipment and Internet connections, at your sole risk and expense.
14. Customer Support. In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the QUByte Interactive Support Team by email at support@qubyteinteractive.com.
TERMS OF SERVICE
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
QUByte Interactive through the present contract provides you with access to the online service (a "Game Server") for use with an authorized, unmodified copy of game software (the "Game"). Together, a Game Server and the Game make up the Game. These Terms of Service (the "TOS" or "Agreement") govern your use of the Game Server, while the End User License Agreement (the "EULA"), incorporated herein by this reference, governs your use of the Game. By connecting to or using a Game Server, you agree to be bound by the terms of this Agreement and the EULA.
1. Grant of a Limited License to use a Game Server
Subject to your agreement to and continuing compliance with this Agreement and your continuing compliance with all agreements and guidelines, you may use a Game Server solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game. You may not use or access a Game Server for any other purpose or in connection with any other software, and any access or use outside the express scope of this license shall constitute a violation of QUByte Interactive' copyrights. The license granted herein confers no title or ownership in the Game (including without limitation the Game Server) and should not be construed as a sale of any rights to the Game. The license granted is non-transferable and any attempted transfer in violation of this provision shall be null and void. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by QUByte Interactive or its licensors.
2. Changes to Agreement and Game
QUByte Interactive may update this Agreement at its sole discretion, and you may be asked to review and agree to the revised version of the TOS once it becomes effective. If you do not agree to a revised TOS, you will not be permitted to continue playing the Game through the Game Server. If at any time you are no longer able to comply with the terms of the then-current TOS, you must terminate this Agreement and immediately stop accessing the Game Server in any fashion.
QUByte Interactive may change, modify, suspend, or discontinue any aspect of the Game at any time. QUByte Interactive may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
3. Ownership
You understand and agree that the Game is owned by QUByte Interactive and/or QUByte Interactive affiliates and/or licensors. Furthermore, you understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game, which may include without limitation any in-game items or in-game currency. You may not purchase, sell or trade any in-game items or in-game currency (if any) for anything of value in the real world without QUByte Interactive' express written permission, and any attempt to do so without QUByte Interactive' prior written consent shall be null and void.
4. Account Suspension/Deletion
QUBYTE INTERACTIVE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCESS TO THE GAME SERVER AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
5. Financial Transactions
You acknowledge and agree that all transactions will be handled through the party hosting your System, and will be conducted pursuant to all Terms of Use, Policies and Guidelines of that entity. You agree that QUByte Interactive may share your information as described in the Privacy Policy Section, which may include without limitation information about your financial accounts, with third parties as necessary for this purpose.
6. Remedies
You acknowledge that QUByte Interactive may suffer irreparable damage if you breach any of the provisions governing ownership, the license granted or license limitations. You therefore agree that if you breach any of these provisions, in addition to damages and reasonable attorneys' fees, QUByte Interactive shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
7. DISCLAIMER OF WARRANTIES
THE GAME SERVERS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL QUBYTE INTERACTIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME AND/OR THE GAME SERVER OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL QUBYTE INTERACTIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME (INCLUDING WITHOUT LIMITATION THE GAME SERVER). THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall QUByte Interactive' aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you for the Game.
9. Indemnification
You hereby agree to defend, indemnify and hold harmless QUByte Interactive, its parent, subsidiaries, affiliates, licensors, and contractors, from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys' fees) incurred as a result of, arising from, or relating to your use of the Game and/or the Game Server.
10. Patches and Updates
QUByte Interactive may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, and gameplay may change after the application of an Update.
11. Termination
This Agreement is effective until terminated. You may terminate this Agreement by uninstalling the Game. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all purchases and other payments made in connection with the Game. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Game prior to termination of this Agreement. QUByte Interactive may terminate this Agreement with or without notice by banning the Account. All Sections of this Agreement that by their nature should survive termination will survive, including without limitation the Ownership, Financial Transactions, Privacy Policy, In-Game Communications, Remedies, Disclaimer of Warranties, Limitation of Liability, Indemnification, User Content, Termination, Dispute Resolution, and Miscellaneous Sections.
12. Dispute Resolution
a. Informal Resolution
If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to support@qubyteinteractive.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received.
b. Applicable Law and Venue
Except as otherwise provided herein, this Terms of Service will be governed by, construed, and enforced in accordance with the laws of the State of Florida, as they are applied to agreements entered into and to be performed entirely within Florida, excluding only the Florida body of laws concerning conflicts of law. Except as provided below, you consent to the exclusive jurisdiction of the state and federal courts located in Florida, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies) will not apply to these Terms and is hereby disclaimed.
c. Arbitration Agreement
1. Arbitration
With the exception of class actions, small claims court filings, or actions for preliminary injunctive relief (as further discussed below), any other dispute of any kind between you and QUByte Interactive arising under this Agreement or in connection with your use of the Game ("Dispute(s)"), if unresolved through the informal process outlined above, will be resolved by binding arbitration in Florida.
The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow Florida law, exclusive of conflict or choice of law rules, in adjudicating the dispute.
The parties acknowledge that this TOS evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act.
2. Class Action Waiver
YOU AND QUBYTE INTERACTIVE AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THIS TOS OR IN CONNECTION WITH THE GAME MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this Agreement or in connection with the Game. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Florida.
13. Miscellaneous
The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between QUByte Interactive and you. QUByte Interactive would not be able to provide the Game (including without limitation the Game Servers) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of QUByte Interactive' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of QUByte Interactive. You may not assign this Agreement, in whole or in part, without QUByte Interactive' prior written consent and any attempted assignment in violation of this provision shall be null and void. QUByte Interactive may assign this Agreement or any of its rights and obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and QUByte Interactive with respect to the Game Servers and supersedes all prior agreements between you and QUByte Interactive pertaining to the Game Servers. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate equipment and Internet connections, at your sole risk and expense. In no event shall QUByte Interactive be liable for any failure of performance resulting from causes beyond the reasonable control of QUByte Interactive, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. This Agreement may be amended only by a writing executed by both parties.
14. Code of Conduct
You agree that you will not use the Game to upload, post, or otherwise distribute any User Content that:
constitutes or promotes illegal activity;
defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
promotes any commercial activity, including promoting goods or services or soliciting donations;
is subject to confidentiality or non-disclosure obligations;
includes material, images or photographs that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers;
links to any third-party sites or services that would violate the standards contained in this list; or
attempts to get a password, other account information, or other private information from a user of the Game.
In using the Game you also agree not to:
attempt to interfere with the operation of the Game in any way;
copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Game;
use any data mining tools, robots, virus, worms, bugs, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;
use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Game;
use the Game for any commercial purposes, including sending "spam" or any malicious or disruptive communications;
decompile, reverse engineer, disassemble, or otherwise reduce the code used in the Game into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Game or piece of content available in the Game; or
use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
use exploits or cheats to gain and unfair advantage.
restrict or inhibit any other user from using and enjoying the Game. For example, being disruptive with vulgar language, abusiveness, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), all of which are prohibited conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content.
violate any license agreement (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable for any particular Service.
harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Game.
impersonate or create a false identity (such as a celebrity or QUByte Interactive representative) for the purpose of misleading others.
use the Game for fraudulent transactions or other commercial transactions prohibited by these Terms of Service or applicable License Agreement, including, without limitation, fraudulent or unauthorized in-game virtual transactions.
PRIVACY POLICY
This Privacy Policy explains what personal information QUByte Interactive ("we", "us", or "our") collect, use, share and otherwise process about individuals (“you”) interacting with our GAMES.
Under the laws of some countries outside the European Economic Area, we may need your consent to our processing of your Information set forth in this Privacy Policy. Subject to any indications you may give us to the contrary, such as opting out or not opting in if asked, and where permitted by law, by providing Information or otherwise interacting with our GAMES, you consent to our use of Information in accordance with this Privacy Policy.
SCOPE OF THIS PRIVACY POLICY
Please read this policy carefully. It explains the types of Information we may collect about you, the purposes for and methods by which we collect it, and (where applicable) the lawful basis on which we do so, as well as information about data retention, your rights and how to contact us. This Privacy Policy covers both our online and offline data processing activities, including Information that we collect through our various GAMES.
Please note that we may combine Information that we collect via one source (e.g. in-game User ID) with Information we collect via another source (e.g. Platform Unique User ID), so please check carefully whether you are fully in accordance with the relevant terms and conditions presented in this document.
THE INFORMATION WE COLLECT
We collect, use, share and otherwise process the following categories of Information:
1)Information we may collect from you:
Platform-specific Unique User ID.
Platform-specific Friend List.
Platform-specific Block List.
Information about your location, including where it is derived from device information (such as an IP address or country code) or your device’s interactions with our Digital Services.
Technical/usage Information from your device, including the type of device and network attributes.
HOW WE USE THE INFORMATION
We may use Information for the purposes described in this Privacy Policy, or as otherwise disclosed at the time of collection. Below, we explain our various purposes, any processing activities that we believe may need further explanation and, where necessary, the ‘lawful basis’ on which we rely to process your Information.
Please note that while Information may be processed for more than one purpose, not all of the purposes or processing activities below will necessarily apply in every case. Our particular use of your Information will depend on the GAME and the manner in which you interact with us.
We may use your Information for the purpose of setting up your account with us, registering the GAME, or maintaining the GAME and resolving any issues, and optimizing the delivery of the GAME to each specific device used to access it.
In countries where our processing of Information requires a lawful basis, we rely upon the following:
Much of our processing, such as providing, and maintaining our GAMES, is necessary for entering into, or the performance of, the contract we have with you, including enabling customers to log-in to our Digital Services.
Other types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
Running our business, providing our GAMES and serving our customers.
Improving and Developing Our GAMES
We may use your Information for the purpose of analyzing, improving, personalizing and evaluating our GAMES and your use of them, as well as to develop new GAMES.
In countries where our processing of Information requires a lawful basis, we rely upon the following:
Some types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
Improving and developing our GAMES.
Creating efficiencies in our business.
Compiling statistics about the use of our GAMES.
We may use your Information for the purpose of providing Customer Services, including dealing with your queries and complaints (including troubleshooting.
We may use your Information for the purpose of detecting, preventing or investigating criminal activities (including fraud and copyright infringement), protecting user safety and enforcing our civil rights in the courts. For example, where necessary, we may share your Information with law enforcement bodies or use it to take legal action against you to enforce our rights.
DATA RETENTION
In broad terms, we will only retain your Information for as long as is necessary for the purposes described in this Privacy Policy. After a retention period has lapsed, the Information is securely deleted, unless it is necessary for the establishment, exercise or defense of legal claims. For further information regarding applicable retention periods, you should contact us using the contact methods set out below.
INDIVIDUAL RIGHTS REQUESTS
Under certain conditions, you have the right to ask us to fulfil one or more of the following requests. We may ask you for proof of identity or other additional information before doing so.
Right to access and rectification: You can request details of the Information we hold, along with a copy of your Information, and the correction of any errors in your Information.
Right to erasure (“right to be forgotten”): The right, in certain circumstances, to ask for your Information to be deleted. In specific cases, we may not be able to delete some types of Information, in particular, where we have a legal obligation to keep that Information (e.g. for regulatory reporting purposes) or, for example, where you want us to continue to provide you with an GAME and the processing of the Information is necessary for the provision of that GAME.
Right to withdraw consent: You can withdraw your consent at any time in respect of any processing of Information which is based upon a consent.
We will assess any request to exercise these rights on a case by case basis. There may be circumstances in which we are not legally required to comply with a request because of relevant exemptions provided for in applicable data protection legislation. In some instances, this may mean that we are able to retain your Information even if you withdraw your consent.
INTERNATIONAL TRANSFER
We operate internationally, and some of the processes involved in our use of your Information will require your Information to be stored or processed in countries outside the country where you are located, including countries where the level of legal protection for your Information may be different and where you may have fewer legal rights in relation to it. In particular, your Information may be transferred to, and processed in the United States, where some of our systems are located.
However, whenever we transfer your Information outside of a country or region, such as the European Economic Area, we will make sure that we take steps necessary to comply with applicable legal requirements. Therefore, where required, we will ensure that appropriate safeguards are in place by using appropriate contractual mechanisms, such as the EU Standard Contractual Clauses, or by relying upon the service providers participating in an approved international data transfer mechanism, including the adoption of Binding Corporate Rules. For further information about the documents we use to protect your Information when it is transferred outside of your country or region, please submit a request through our Individual Rights Request Portal.
NOTIFICATION REGARDING UPDATES
From time to time, we may update this Privacy Policy. We will notify you about any material changes by placing a notice on our sites. We encourage you to periodically check back and review this policy so that you are up to date.
HOW TO CONTACT US
If you have any questions about this Privacy Policy, you can contact us at support@qubyteinteractive.com
© 2024 QUByte Interactive, LLC. All rights reserved.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
QUByte Interactive through the present contract provides you with game software (the "Game") for use with the online component of the Game (a "Game Server"). Together, the Game and a Game Server make up the Game. This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game, while the Terms of Service (the "TOS"), governs your use of the Game Server. By installing or using the Game, you agree to be bound by the terms of this Agreement and the TOS.
1. Limited License. The Game is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, QUByte Interactive hereby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to (a) download and install the Game onto a "System" owned by you, and (b) use the Game in conjunction with a Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of QUByte Interactive' intellectual property rights:
a. You may not sell, license or transfer the Game, or any reproductions or modifications thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by QUByte Interactive;
c. You may not modify the Game or any portion thereof;
d. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
e. You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to a Game Server except by using an authorized, unmodified Game through a QUByte Interactive authorized third party computer service as set forth herein; or
h. You may not use the Game to connect to any server or service other than a Game Server through a QUByte Interactive authorized third party service.
The license granted herein confers no title or ownership in the Game (including without limitation the Game) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, music, etc.) are owned by QUByte Interactive or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Games under your custody or control.
3. Ownership. You agree that, between you and QUByte Interactive, QUByte Interactive owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the United States, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor. When the Game is running, QUByte Interactive may monitor your System for uses that violate the Limited License Section. You hereby grant QUByte Interactive, permission to monitor your System for purposes of identifying such use and communicating potential violations to QUByte Interactive.
QUByte Interactive, its affiliates and its contractors are under no obligation to monitor your System.
5. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IF ANY SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION, THEN SUCH WARRANTIES APPLICABLE TO THIS GAME SHALL BE LIMITED TO THE 90 DAY PERIOD DESCRIBED ABOVE.
6. LIMITATION OF LIABILITY.
a. Neither you, QUByte Interactive, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with this EULA, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
b. Nothing in this EULA will exclude or limit either party's liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.
7. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QUBYTE INTERACTIVE, ITS DIRECTORS, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO ANY BREACH BY YOU OF THE LIMITED LICENSE SECTION.
8. Changes to Agreement and Game. QUByte Interactive may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA.
QUByte Interactive may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
9. Patches and Updates. QUByte Interactive may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game installed on your System. Updates are not optional. You agree that QUByte Interactive may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for QUByte Interactive to download and apply such Updates.
10. Remedies. You acknowledge that QUByte Interactive may suffer irreparable damage if you breach any of the provisions governing ownership, the licence granted or licence limitations. In the event of such a breach, QUByte Interactive shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.
11. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
12. Dispute Resolution and Governing Law.
a. The construction, validity and performance of this EULA and all non-contractual obligations arising from or connected with this EULA, shall be governed by the law of the jurisdiction of your habitual residence.
b. Any action or proceeding brought to adjudicate any dispute related to this EULA or the Service shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction of your habitual residence (unless otherwise agreed in writing by both parties).
c. Severability. You and QUByte Interactive agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
13. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between QUByte Interactive and you. QUByte Interactive would not be able to provide the Game (including without limitation the Game) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of QUByte Interactive' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of QUByte Interactive. You may not assign this Agreement, in whole or in part, without QUByte Interactive' prior written consent and any attempted assignment in violation of this provision shall be null and void. QUByte Interactive may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.
Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and QUByte Interactive with respect to the Game and supersedes all prior agreements between you and QUByte Interactive pertaining to the Game. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate equipment and Internet connections, at your sole risk and expense.
14. Customer Support. In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the QUByte Interactive Support Team by email at support@qubyteinteractive.com.
TERMS OF SERVICE
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
QUByte Interactive through the present contract provides you with access to the online service (a "Game Server") for use with an authorized, unmodified copy of game software (the "Game"). Together, a Game Server and the Game make up the Game. These Terms of Service (the "TOS" or "Agreement") govern your use of the Game Server, while the End User License Agreement (the "EULA"), incorporated herein by this reference, governs your use of the Game. By connecting to or using a Game Server, you agree to be bound by the terms of this Agreement and the EULA.
1. Grant of a Limited License to use a Game Server
Subject to your agreement to and continuing compliance with this Agreement and your continuing compliance with all agreements and guidelines, you may use a Game Server solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game. You may not use or access a Game Server for any other purpose or in connection with any other software, and any access or use outside the express scope of this license shall constitute a violation of QUByte Interactive' copyrights. The license granted herein confers no title or ownership in the Game (including without limitation the Game Server) and should not be construed as a sale of any rights to the Game. The license granted is non-transferable and any attempted transfer in violation of this provision shall be null and void. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by QUByte Interactive or its licensors.
2. Changes to Agreement and Game
QUByte Interactive may update this Agreement at its sole discretion, and you may be asked to review and agree to the revised version of the TOS once it becomes effective. If you do not agree to a revised TOS, you will not be permitted to continue playing the Game through the Game Server. If at any time you are no longer able to comply with the terms of the then-current TOS, you must terminate this Agreement and immediately stop accessing the Game Server in any fashion.
QUByte Interactive may change, modify, suspend, or discontinue any aspect of the Game at any time. QUByte Interactive may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
3. Ownership
You understand and agree that the Game is owned by QUByte Interactive and/or QUByte Interactive affiliates and/or licensors. Furthermore, you understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game, which may include without limitation any in-game items or in-game currency. You may not purchase, sell or trade any in-game items or in-game currency (if any) for anything of value in the real world without QUByte Interactive' express written permission, and any attempt to do so without QUByte Interactive' prior written consent shall be null and void.
4. Account Suspension/Deletion
QUBYTE INTERACTIVE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCESS TO THE GAME SERVER AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
5. Financial Transactions
You acknowledge and agree that all transactions will be handled through the party hosting your System, and will be conducted pursuant to all Terms of Use, Policies and Guidelines of that entity. You agree that QUByte Interactive may share your information as described in the Privacy Policy Section, which may include without limitation information about your financial accounts, with third parties as necessary for this purpose.
6. Remedies
You acknowledge that QUByte Interactive may suffer irreparable damage if you breach any of the provisions governing ownership, the license granted or license limitations. You therefore agree that if you breach any of these provisions, in addition to damages and reasonable attorneys' fees, QUByte Interactive shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
7. DISCLAIMER OF WARRANTIES
THE GAME SERVERS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL QUBYTE INTERACTIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME AND/OR THE GAME SERVER OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL QUBYTE INTERACTIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME (INCLUDING WITHOUT LIMITATION THE GAME SERVER). THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall QUByte Interactive' aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you for the Game.
9. Indemnification
You hereby agree to defend, indemnify and hold harmless QUByte Interactive, its parent, subsidiaries, affiliates, licensors, and contractors, from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys' fees) incurred as a result of, arising from, or relating to your use of the Game and/or the Game Server.
10. Patches and Updates
QUByte Interactive may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, and gameplay may change after the application of an Update.
11. Termination
This Agreement is effective until terminated. You may terminate this Agreement by uninstalling the Game. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all purchases and other payments made in connection with the Game. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Game prior to termination of this Agreement. QUByte Interactive may terminate this Agreement with or without notice by banning the Account. All Sections of this Agreement that by their nature should survive termination will survive, including without limitation the Ownership, Financial Transactions, Privacy Policy, In-Game Communications, Remedies, Disclaimer of Warranties, Limitation of Liability, Indemnification, User Content, Termination, Dispute Resolution, and Miscellaneous Sections.
12. Dispute Resolution
a. Informal Resolution
If a dispute arises between you and us, you agree to first provide us with notice of your complaint via email to support@qubyteinteractive.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received.
b. Applicable Law and Venue
Except as otherwise provided herein, this Terms of Service will be governed by, construed, and enforced in accordance with the laws of the State of Florida, as they are applied to agreements entered into and to be performed entirely within Florida, excluding only the Florida body of laws concerning conflicts of law. Except as provided below, you consent to the exclusive jurisdiction of the state and federal courts located in Florida, including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies) will not apply to these Terms and is hereby disclaimed.
c. Arbitration Agreement
1. Arbitration
With the exception of class actions, small claims court filings, or actions for preliminary injunctive relief (as further discussed below), any other dispute of any kind between you and QUByte Interactive arising under this Agreement or in connection with your use of the Game ("Dispute(s)"), if unresolved through the informal process outlined above, will be resolved by binding arbitration in Florida.
The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow Florida law, exclusive of conflict or choice of law rules, in adjudicating the dispute.
The parties acknowledge that this TOS evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act.
2. Class Action Waiver
YOU AND QUBYTE INTERACTIVE AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THIS TOS OR IN CONNECTION WITH THE GAME MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this Agreement or in connection with the Game. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Florida.
13. Miscellaneous
The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between QUByte Interactive and you. QUByte Interactive would not be able to provide the Game (including without limitation the Game Servers) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of QUByte Interactive' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of QUByte Interactive. You may not assign this Agreement, in whole or in part, without QUByte Interactive' prior written consent and any attempted assignment in violation of this provision shall be null and void. QUByte Interactive may assign this Agreement or any of its rights and obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and QUByte Interactive with respect to the Game Servers and supersedes all prior agreements between you and QUByte Interactive pertaining to the Game Servers. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate equipment and Internet connections, at your sole risk and expense. In no event shall QUByte Interactive be liable for any failure of performance resulting from causes beyond the reasonable control of QUByte Interactive, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. This Agreement may be amended only by a writing executed by both parties.
14. Code of Conduct
You agree that you will not use the Game to upload, post, or otherwise distribute any User Content that:
constitutes or promotes illegal activity;
defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
promotes any commercial activity, including promoting goods or services or soliciting donations;
is subject to confidentiality or non-disclosure obligations;
includes material, images or photographs that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers;
links to any third-party sites or services that would violate the standards contained in this list; or
attempts to get a password, other account information, or other private information from a user of the Game.
In using the Game you also agree not to:
attempt to interfere with the operation of the Game in any way;
copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Game;
use any data mining tools, robots, virus, worms, bugs, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;
use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Game;
use the Game for any commercial purposes, including sending "spam" or any malicious or disruptive communications;
decompile, reverse engineer, disassemble, or otherwise reduce the code used in the Game into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Game or piece of content available in the Game; or
use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
use exploits or cheats to gain and unfair advantage.
restrict or inhibit any other user from using and enjoying the Game. For example, being disruptive with vulgar language, abusiveness, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), all of which are prohibited conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content.
violate any license agreement (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable for any particular Service.
harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Game.
impersonate or create a false identity (such as a celebrity or QUByte Interactive representative) for the purpose of misleading others.
use the Game for fraudulent transactions or other commercial transactions prohibited by these Terms of Service or applicable License Agreement, including, without limitation, fraudulent or unauthorized in-game virtual transactions.
PRIVACY POLICY
This Privacy Policy explains what personal information QUByte Interactive ("we", "us", or "our") collect, use, share and otherwise process about individuals (“you”) interacting with our GAMES.
Under the laws of some countries outside the European Economic Area, we may need your consent to our processing of your Information set forth in this Privacy Policy. Subject to any indications you may give us to the contrary, such as opting out or not opting in if asked, and where permitted by law, by providing Information or otherwise interacting with our GAMES, you consent to our use of Information in accordance with this Privacy Policy.
SCOPE OF THIS PRIVACY POLICY
Please read this policy carefully. It explains the types of Information we may collect about you, the purposes for and methods by which we collect it, and (where applicable) the lawful basis on which we do so, as well as information about data retention, your rights and how to contact us. This Privacy Policy covers both our online and offline data processing activities, including Information that we collect through our various GAMES.
Please note that we may combine Information that we collect via one source (e.g. in-game User ID) with Information we collect via another source (e.g. Platform Unique User ID), so please check carefully whether you are fully in accordance with the relevant terms and conditions presented in this document.
THE INFORMATION WE COLLECT
We collect, use, share and otherwise process the following categories of Information:
1)Information we may collect from you:
Platform-specific Unique User ID.
Platform-specific Friend List.
Platform-specific Block List.
Information about your location, including where it is derived from device information (such as an IP address or country code) or your device’s interactions with our Digital Services.
Technical/usage Information from your device, including the type of device and network attributes.
HOW WE USE THE INFORMATION
We may use Information for the purposes described in this Privacy Policy, or as otherwise disclosed at the time of collection. Below, we explain our various purposes, any processing activities that we believe may need further explanation and, where necessary, the ‘lawful basis’ on which we rely to process your Information.
Please note that while Information may be processed for more than one purpose, not all of the purposes or processing activities below will necessarily apply in every case. Our particular use of your Information will depend on the GAME and the manner in which you interact with us.
We may use your Information for the purpose of setting up your account with us, registering the GAME, or maintaining the GAME and resolving any issues, and optimizing the delivery of the GAME to each specific device used to access it.
In countries where our processing of Information requires a lawful basis, we rely upon the following:
Much of our processing, such as providing, and maintaining our GAMES, is necessary for entering into, or the performance of, the contract we have with you, including enabling customers to log-in to our Digital Services.
Other types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
Running our business, providing our GAMES and serving our customers.
Improving and Developing Our GAMES
We may use your Information for the purpose of analyzing, improving, personalizing and evaluating our GAMES and your use of them, as well as to develop new GAMES.
In countries where our processing of Information requires a lawful basis, we rely upon the following:
Some types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
Improving and developing our GAMES.
Creating efficiencies in our business.
Compiling statistics about the use of our GAMES.
We may use your Information for the purpose of providing Customer Services, including dealing with your queries and complaints (including troubleshooting.
We may use your Information for the purpose of detecting, preventing or investigating criminal activities (including fraud and copyright infringement), protecting user safety and enforcing our civil rights in the courts. For example, where necessary, we may share your Information with law enforcement bodies or use it to take legal action against you to enforce our rights.
DATA RETENTION
In broad terms, we will only retain your Information for as long as is necessary for the purposes described in this Privacy Policy. After a retention period has lapsed, the Information is securely deleted, unless it is necessary for the establishment, exercise or defense of legal claims. For further information regarding applicable retention periods, you should contact us using the contact methods set out below.
INDIVIDUAL RIGHTS REQUESTS
Under certain conditions, you have the right to ask us to fulfil one or more of the following requests. We may ask you for proof of identity or other additional information before doing so.
Right to access and rectification: You can request details of the Information we hold, along with a copy of your Information, and the correction of any errors in your Information.
Right to erasure (“right to be forgotten”): The right, in certain circumstances, to ask for your Information to be deleted. In specific cases, we may not be able to delete some types of Information, in particular, where we have a legal obligation to keep that Information (e.g. for regulatory reporting purposes) or, for example, where you want us to continue to provide you with an GAME and the processing of the Information is necessary for the provision of that GAME.
Right to withdraw consent: You can withdraw your consent at any time in respect of any processing of Information which is based upon a consent.
We will assess any request to exercise these rights on a case by case basis. There may be circumstances in which we are not legally required to comply with a request because of relevant exemptions provided for in applicable data protection legislation. In some instances, this may mean that we are able to retain your Information even if you withdraw your consent.
INTERNATIONAL TRANSFER
We operate internationally, and some of the processes involved in our use of your Information will require your Information to be stored or processed in countries outside the country where you are located, including countries where the level of legal protection for your Information may be different and where you may have fewer legal rights in relation to it. In particular, your Information may be transferred to, and processed in the United States, where some of our systems are located.
However, whenever we transfer your Information outside of a country or region, such as the European Economic Area, we will make sure that we take steps necessary to comply with applicable legal requirements. Therefore, where required, we will ensure that appropriate safeguards are in place by using appropriate contractual mechanisms, such as the EU Standard Contractual Clauses, or by relying upon the service providers participating in an approved international data transfer mechanism, including the adoption of Binding Corporate Rules. For further information about the documents we use to protect your Information when it is transferred outside of your country or region, please submit a request through our Individual Rights Request Portal.
NOTIFICATION REGARDING UPDATES
From time to time, we may update this Privacy Policy. We will notify you about any material changes by placing a notice on our sites. We encourage you to periodically check back and review this policy so that you are up to date.
HOW TO CONTACT US
If you have any questions about this Privacy Policy, you can contact us at support@qubyteinteractive.com
© 2024 QUByte Interactive, LLC. All rights reserved.