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END USER LICENSE AGREEMENT
Utah, Salt Lake The 6th of March
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (HEREINAFTER THE “EULA”) CAREFULLY. BY ACCESSING, USING, OR AVAILING YOURSELF OF THE RESOURCES IN ANY MANNER, OR USING, REGISTERING, DOWNLOADING, OR INSTALLING THE GAMES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE TO USE THE RESOURCES, INCLUDING THE MINDWAY PRIVACY POLICY AND THE RULES (AS DEFINED BELOW). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THIS EULA, YOU MAY NOT REGISTER FOR OR USE ANY OF THE RESOURCES.
THIS EULA CONTAINS A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION OF ANY AND ALL DISPUTES THAT MAY ARISE BETWEEN US, AND RESTRICTS EITHER PARTY’S RIGHT TO PURSUE RELIEF ON A CLASSWIDE OR REPRESENTATIVE BASIS, OR THROUGH A CONSOLIDATION OF CLAIMS.
1. Introduction
1.1. This EULA governs the relationship between you and Mindway Corporation (Entity Number: 13109572-0142), 215 S STATE ST, STE 1200, Salt Lake City, UT 84111, United States of America, or any one of its affiliated entities (hereinafter the “Mindway”, “we”, “our” and “us”) in relation to:
1.1.1. our websites, including without limitation gravilink.com and any other websites owned or operated by Mindway (the “Sites”);
1.1.2. any online, desktop and mobile games owned, operated or made available by Mindway including, but not limited to, “CyberDrive”, “Snake”, “Deep Scout”, “SIM” (hereinafter the “Games”);
1.1.3. any of our other resources, including without limitation user support, mobile apps, and any resources accessible via a third party platform, web application, or social media (together and hereinafter the “Ancillary Resources”).
1.2. In this EULA, we refer to the Sites, Games and Ancillary Resources as the “Resources”.
2. Other Documents You Accept
2.1. This EULA includes the following documents that are incorporated here by reference:
2.1.1. our Privacy Policy that sets out how we will respect your privacy and how we use data collected by the Resources is hereby incorporated into these EULA;
2.1.2. rules and guidelines for the Games, including but not limited to the following:
“CyberDrive”;
“Snake”;
“Deep Scout”;
“SIM”
hereinafter, the “Game Rules”,
2.1.3. other Mindway rules and policies (together with the Game Rules, hereinafter the “Rules”).
2.2. In order to access and use any Game, in addition to accepting this EULA and the Rules applicable to the relevant Game, you must also read and acknowledge the Privacy Policy.
2.3. You must also accept and comply with all rules of external platforms applicable to the Resources of the specific Games, including but not limited to Steam Subscriber Agreement and Steam Online Conduct, Epic Games Store End User License Agreement and Google Play rules (hereinafter the “Third Party Terms”). Any breach of any Third Party Terms shall be regarded as a fundamental breach of this EULA.
2.4. If you do not want to accept this EULA, then you may not use or access any of the Resources. If you do not accept the Rules applicable to a Game, then you may not download or use that Game.
3. Eligibility
3.1. To enter into EULA, you must be an adult of the legal age of majority in your country of residence. You are legally and financially responsible for all actions using or accessing our software, including the actions using or accessing our software, including the actions of anyone you allow to access to your account. You affirm that you have reached the legal age of majority, understand and accept this EULA. If you are under the legal age of majority, your parent or legal guardian must consent to this EULA. By agreeing to this EULA, you represent and warrant to us:
that you are at least thirteen years of age;
that your registration and your use of the Resources complies with all applicable laws and regulations.
3.2. You agree that you will not knowingly allow any individual under the age of 13 or other minimum legal age where it differs under local legal requirements to use or access the Resources.
4. Amendments to this EULA and the Rules
4.1. From time to time, at our sole discretion, we may amend, modify or replace this EULA, for example to reflect new products or services or because of changes in the law, without prior notice. If we make a material change to this EULA, we will make reasonable efforts to notify you and, where required by applicable law, we will obtain your consent. We may provide notice through a pop-up or banner within the Resources, by sending an email to any address you may have used to register for an Account, or through other mechanisms. Material changes to this EULA will take effect upon the earlier of (a) your actual notice or (b) thirty (30) days from posting of such change. If we make a non-material change to this EULA which does not reduce your rights, we will post a new version of this EULA and the new version of this EULA will take effect immediately upon the date of posting. The latest version of this EULA will always be available on the Sites, so we recommend that you check for updates to this EULA each time you use the Resources. If you continue to use the Resources after a new version of this EULA takes effect, then you shall be considered to have accepted the latest version of this EULA (other than for those material changes where your consent is required). Disputes arising under this EULA will be resolved in accordance with the version of the EULA in place at the time the dispute arose. This section does not apply to changes to the Rules that are addressed in Section 4.2.
4.2. At our sole discretion, on occasions, we may also amend, modify or replace the Rules, for example to ensure that the Games operate smoothly and to reflect the needs of the community using the Games. The latest version of the Rules will always be available on the Sites. Any new version of the Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use a Game after a new version of the applicable Rules takes effect, then you shall be considered to have accepted the amended Rules.
5. Mindway Account
5.1.1. In order to use the Resources, you will need to create a Mindway account. A Mindway account is a collection of data associated with a particular person that is required for his or her use of the Resources, including authentication (authorization), access to settings, statistics and other information, and use of rights to Additional Features (hereinafter the “Account”).
5.1.2. To create an Account, you must have an email address and will be required to provide certain information. (The details of the information that you may provide are set out in our Privacy Policy). You agree that you will provide all information truthfully and accurately, so that we have correct details about you and your Account. You will maintain and update this information to keep it true, accurate, current, and complete.
5.1.3. When creating an Account you will also be required to provide a ‘user name’ and/or ‘persona’ to represent you in connection with the Resources. User names and personas are tied to your Account and are non-transferable (meaning they cannot be transferred to anyone else). You may not use a user name or persona that is used by someone else, is vulgar or offensive, imitates any third party, infringes on any proprietary right of any third party, or otherwise breaches this EULA or the Rules. If you have questions about Account registration, please contact us via sending an e-mail to steam@mindway.com.
5.1.4. In certain cases, including some Games, you may also log in through some third party system, if expressly permitted in the Game.
5.1.5. Also, if expressly permitted by Mindway, a “demo account” is possible in certain Games. In this case, you receive no separate username or password. The authorization for the Game is made through the specific technical device (mobile phone, tablet, etc.) that you use.
5.1.6. However, we strongly advise you to set up a standard Account in accordance with the above provisions. If a “demo account” is used, we are not responsible for keeping your progress in the Game, ensuring availability of game items and Additional Features, or maintaining the safety of any monetary or valuable assets in the Account. Cases when an Account and all connected assets may be lost entirely include the loss of the technical device, loss of password or any unauthorized modification of the operating system (“jailbreaking”) or of the software.
5.2. Prohibition on Account Sharing
5.2.1. You must keep all information relating to your Account confidential. At no time should you disclose your account ID or password, secret question or answer to anyone. This includes your friends, relatives, parents, children, spouses, co-worker and any other persons or entities. In case of such disclosure, clause 5.2.2 will apply.
5.2.2. You are fully responsible for the conduct and actions using your Account and for all breaches of this EULA committed using your Account. We shall have no liability to you for any loss or damage arising from disclosure of your Account data to anyone, any unauthorized use of your Account, or any unauthorized access, use, alteration, modification and/or disclosure of your personal information.
5.2.3. Any sale, purchase, lease, rent, exchange, other commercial exploitation of Accounts is prohibited.
5.3. Account Security
5.3.1. You must ensure that you secure your Account, computer, mobile phone or other device from third party access. Please notify us immediately at if you become aware of:
any unauthorized use of your Account or any other breach of security; or
any hacking tools being used or that might be used in relation to the Resources.
5.3.2. We may employ certain physical, electronic and managerial procedures designed to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use procedures reasonably designed to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made by email are not protected by encryption and are vulnerable to disclosure to third parties, including due to interception during transmission.
5.4. Ownership of Account
5.4.1. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Mindway. You further acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the Additional Features that you unlock or accumulate, regardless of any consideration offered or paid in exchange for such Additional Features. Furthermore Mindway shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking or any other damage or loss of any kind caused to the Game Content or Additional Features, including the deletion of Game Content or Additional Features upon the termination or expiration of Account.
6. Resources and Content Licenses
6.1. The software, technology, text, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, data, and all other elements and information of the Resources, as well as the design and appearance of our Sites and the Games (collectively, hereinafter the “Content”), provided by Mindway are protected by all relevant intellectual property and proprietary rights and applicable laws.
6.2. As between you and Mindway, Mindway and its licensors own the Content and all of the intellectual property rights in it. Except as expressly authorized by Mindway, you may not make use of the Content or the Resources. Mindway and its licensors reserve all rights in and to the Content and the Resources not expressly granted in this EULA. Any unauthorized use of the Content or Resources for any purpose is prohibited.
6.3. Subject to your compliance with the terms and conditions herein, Mindway grants you a personal, non-exclusive, revocable, non-transferable, limited right to access the Content in connection with your access and use of the Resources. Unless and to the extent that we have expressly authorized you in writing, you must not:
6.3.1. copy or download any Content from a Resource (except as part of the proper use or operation of that Resource);
6.3.2. reproduce, distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content;
6.3.3. make any commercial use (i.e., for profit) of the Content;
6.3.4. harvest any information from the Resources or Content;
6.3.5. reverse engineer or modify the Resources or Content;
6.3.6. interfere with the proper operation of or any security measure used by the Resources or Content;
6.3.7. infringe any intellectual property or other right of any third party;
6.3.8. use the Resources or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or
6.3.9. remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.
6.4. Mindway makes the Content available to you subject to the following conditions:
6.4.1. we can only make Content available to you if it is legal for you to have access to that Content in your home country;
6.4.2. you may only obtain Content from us (or from any person or third party that we authorize for this purpose) and you must not obtain Content from any other person or attempt to do so;
6.4.3. we reserve the right to refuse your request(s) to acquire Content, and we also reserve the right to limit or block any request to acquire or obtain Content for any reason;
6.4.4. we do not guarantee that any Resources or Content will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer particular content for any particular length of time (unless we expressly say otherwise as part of the Resources);
6.4.5. once you have redeemed or activated Content, including without limitation any Additional Feature, it is not returnable, exchangeable, or refundable for other Content, cash, goods or services;
6.4.6. we may change, replace, remove access to or update the Content at any time at our sole discretion; and
6.4.7. we may monitor use of the Resources for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior and improving the Resources.
7. Purchases and Billing
7.1. You do not have to pay any registration or subscription fees to create an Account. However, some of the Resources or parts thereof may require you to pay a fee. If you decide to purchase or to subscribe to any such Resources, you must ensure that:
7.1.1. you are 13 years of age or older;
7.1.2. you are the authorized Account holder for the Account from which you are accessing to the Resources;
7.1.3. you are authorized to use the particular credit card or other accepted payment method;
7.1.4. all information that you submit at the time of purchase is true and accurate; and
7.1.5. you agree to pay all the fees that you incur, including all recurring payment and/or subscription fees, unless and until you cancel your Account or any particular payment and/or subscription to any of the Resources in accordance with this EULA.
7.2. Any applicable fees and other charges on your Account are payable in advance and are not refundable. We may, from time to time, without prior notice modify, amend, or supplement payment methods offered within the Resources. We will post those changes in the corresponding section of the relevant Resource(s).
7.3. The final price of the purchase and/or subscription may vary depending on the selected payment method. To see the final price, click the button for the selected payment method. Please check currency exchange fees and charges in case payment currency is different from the currency of the selected payment method.
7.4. Prices for the purchases of the Resources are published in the corresponding section of the relevant Resource(s). Mindway reserves the right to change the price at any time by making a respective change on the Resource(s). By making a purchase you are considered to demonstrate consent with the price. Price changes for any payment subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Resources after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
7.5. We perform our best to describe our services, Resources and prices thereof as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Resources is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Mindway shall have the right to refuse or cancel any purchase or subscription in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a refund in the amount of the charge. If you have already used your purchase or subscription has already expired, Mindway reserves the right to block access to your Account until you reimburse the full price of the corresponding Resource(s). If a subscription or Resource(s) you purchased from Mindway is not as described, your sole remedy is to cancel the purchase and receive a refund in the amount of the purchase price.
7.6. If you are playing our Games on third party platforms, you must also comply with all Third Party Terms set by those third party platforms. The charging and billing in such Games are subject to Third Party Terms of those Platforms. Mindway disclaims any liability of any nature for such platform’s actions.
8. Additional Features
8.1. The Resources may permit you to acquire and accumulate rights to certain additional virtual game content, features and functionalities (including rights to in-game assets and points) as made available by Mindway (hereinafter the “Additional Features”) which you are granted a license to use pursuant to the terms of this EULA. Additional Features constitute a limited, non-transferable, revocable right to use features of the Resources when, as, and if allowed by Mindway and solely as governed by and permitted under this EULA. Subject to this EULA, Additional Features may be exchanged for access to upgraded features, may be exchanged for other Additional Features, or used in connection with other features made available by Mindway through the Resources. Additional Features are not real-world currency, have no monetary value, and cannot be used, exchanged, or redeemed except as provided in this EULA, and cannot be transferred, in any case. For avoidance of doubt, Additional Features are not redeemable or refundable for any sum of money or monetary value from Mindway or any third party at any time; provided, however, if and to the extent that any Additional Features are determined by applicable law to constitute real world currency or property, then they are the property of Mindway.
8.2. You may accrue Additional Features in a variety of ways. Mindway may distribute or provide access to Additional Features in exchange for taking certain actions (either directly within the Resources, or in connection with a third party service), for a fee, or without any fee or required action, in its sole discretion. Mindway may charge fees for the right to exercise rights associated with Additional Features. You agree that you do not “own” the Additional Features and that Mindway has the absolute right to manage, regulate, control, modify and/or eliminate such Additional Features in its sole discretion, in any general or specific case, and that Mindway will have no liability to you based on its exercise of such right. Mindway allows you to accumulate and manage your Additional Features, and may use terms such as “buy” and “sell” to refer to the grant or transfer of rights to use the Resources. Use of terms such as “buy” or “sell” does not indicate any ownership right. The total amount of a purchase may be adjusted by adding a fee, if any, applicable to the payment method you selected and for mandatory tax payments, if any, required by law. If adjusted, the total amount of the purchase will be recalculated automatically and displayed before you confirm the purchase, provided, however, that such functionality is supported by a chosen payment method. If your payment is in a currency other than that of the purchase amount shown on the Site, the exchange rate applied will depend on the selected payment method.
8.3. Additional Features Rules
8.3.1. Additional Features may only be redeemed for other Additional Features where permitted in the Resources;
8.3.2. Once you have purchased Additional Features, those Additional Features are non-refundable and non-exchangeable (whether or not you use them);
8.3.3. Additional Features cannot be sold or transferred to anyone, but you may buy Additional Features for another user of a Game through the Resources applicable to that Game;
8.3.4. Additional Features cannot be exchanged for cash or any goods or services (except other Additional Features as permitted in the Resources);
8.3.5. To acquire Additional Features, you need to follow the instructions provided in the Resources, that can include making a payment and providing personal and financial details, which you represent that shall be complete and accurate.
8.3.6. The price payable for the Additional Features (including any value added tax or other applicable taxes of duties) will be as set out on our Sites or as part of the Resources (as applicable), but we reserve the right to change the price of Additional Features at any time at our discretion;
8.3.7. We do not make any promises about how or when Additional Features may be available and can update or change Additional Features at any time;
8.3.8. If you receive Additional Features free of charge, at a lower price or without performing the actions that are normally required for receipt (e.g., playtime without playing the Game) (i) due to a technical error (a bug), you must report this to Mindway immediately; or (ii) due to hacking, fraud or other illegal actions, you must report this to Mindway immediately and pay for such Additional Features to the extent already consumed. In each case, Mindway may delete such Additional Features without any notice to you and, if you have already consumed the Additional Features, to block access to your Account until you reimburse the full price of the corresponding Additional Feature(s).
8.3.9. You may only acquire Additional Features from us (or from any person that we authorize for this purpose), or from another authorized user of a Game through the use of a feature included in the Game by Mindway expressly for such purpose (such as a gift through the Site applicable to that Game), and you must not obtain Additional Features from any other person or in any other way or attempt to do so; and
8.3.10. We may limit or block a request to acquire Additional Features for any reason.
8.3.11. In the event you purchase Additional Features from Mindway, we will transfer the Additional Features to you only once that payment has been processed, and you may start using Additional Features as soon as you have completed the purchase process. You therefore have no right to cancel any transaction to purchase Additional Features after completion of the purchase process and being entitled to download the Additional Features.
8.3.12. You agree and acknowledge that Mindway may deny or place limitations or restrictions on any purchase, issue, or redemption of Additional Features, individually or with respect to general volume, at any time and for any reason. Mindway may halt, suspend, discontinue, or reverse any Additional Features transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Resources, or the service of any affiliated or related third party.
9. Fan Content
The Mindway and its affiliates, and their officers, directors, employees, consultants, and agents are pleased that you may want to create stuff based on our intellectual property. However, we did spend a lot of time and money to create our intellectual property and want to protect it. In most cases, using our Games, Resources, artwork, videos, music, characters, logos, and other intellectual property without our permission is illegal and a violation of our rights. So we would like to explain what you may do regarding your Fan Content.
Fan Content shall mean your personal, non-commercial (i) fan art (such as artwork, photographs, videos, and other materials) that is based on the Mindway Intellectual Property; and (ii) Mindway Intellectual Property-related Sites and Resources that are freely accessible to the public (hereinafter the “Fan Content”).
9.1. Subject to the terms and conditions herein, Mindway grants you a non-exclusive, revocable, worldwide, personal, non-transferable and limited license to reproduce and display Fan Content owned and operated by you and solely for non-commercial purposes. This license is further conditional upon you complying with the following provisions:
9.1.1. you acknowledge and agree that Mindway retains ownership of the Fan Content, and any and all derivative works thereof, and has the right to amend, delete, add to or otherwise modify, or to revoke the foregoing license with respect to, any items and/or stuff of Fan Content at any time;
9.1.2. you agree to include Mindway’s trademark, copyright or other proprietary rights notices when displaying Fan Content without request or if we request you to do so and in the manner that we request you to do so;
9.1.3. you agree to comply with any usage guidelines that we may provide to you from time to time;
9.1.4. you shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Fan Content, including in digital form, nor challenge Mindway’s ownership (or the ownership of any third party) of the Fan Content;
9.1.5. you shall not use or adopt any trademarks that might be confusingly similar to any Fan Content;
9.1.6. the Fan Content will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Mindway or of any of the Games or of any of the Resources;
9.1.7. your Fan Content may not include links to any website that promotes or exploits cheats or hacks to Mindway’s games or any other Games or any other Resources;
9.1.8. Fan Content must have no commercial (i.e., monetary) objective. As an exception to this, individual fans are permitted to monetize web videos or streaming (such as YouTube or Twitch) with advertisements, so long as those videos otherwise meet the requirements of EULA;
9.1.9. You must display the following disclaimer on or in connection with your Fan Content, including on any web page containing your Fan Content as described: “Portions of the materials used are trademarks and/or copyrighted works of Mindway Corporation. All rights reserved by Mindway. This material is not official and is not endorsed by Mindway”;
9.1.10. Any usage of your Fan Content by Mindway may be without any compensation to you.
9.2. Users of the Fan Content use Fan Content at their own risk. Mindway under no obligation to edit or control Fan Content that you or other users post for publish, and will not be in any way responsible or liable for Fan Content. You understand that when using the Fan Content you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against Mindway with respect to Fan Content. Mindway expressly disclaim any and all liability in connection with Fan Content. If notified by a user or Fan Content owner that Fan Content allegedly does not conform to this EULA, Mindway may investigate the allegation and determine at our sole discretion whether to remove the Fan Content, which we preserve the right to do at any time and without notice. Mindway expressly inform you that Mindway does not permit copyright-infringing activities on the Resources.
10. Rules
10.1. The Rules set out how we expect you to behave when using any of the Games or Resource. Please review the Rules carefully before using any of the Games or Resource. We may take appropriate disciplinary measures, including account termination and deletion, for inappropriate behavior including, but not limited to:
10.1.1. impersonating any person, business or entity, including an employee of Mindway, or communicating in any way that makes it appear that the communication originates from Mindway;
10.1.2. posting identifying information about yourself or other users to the Sites or within the Games;
10.1.3. harassing, stalking or threatening other users in the Game(s);
10.1.4. removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Mindway contained in the Sites, the Game and/or the Resources;
10.1.5. transmitting content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
10.1.6. transmitting or communicating any content which, at the sole and exclusive discretion of Mindway, is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory, or otherwise objectionable, or that constitutes cyberbullying;
10.1.7. transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
10.1.8. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings;
10.1.9. participating in any action which, in the sole and exclusive judgment of Mindway, defrauds any other user of the Game, including by scamming or social engineering;
10.1.10. using any unauthorized third party programs, including hacks, cheats, scripts, bots, trainers and automation programs that interact with the Resources and/or Games in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication between the software and Mindway and any unauthorized third party programs that collect information about the Games by reading areas of memory used by the software to store information;
10.1.11. developing and using any software designed to modify the Games and change gaming experience (mods) unless expressly permitted by Mindway;
10.1.12. accessing or attempting to access areas of the Game that have not been made available to the public;
10.1.13. selecting a user name that is falsely indicative of an association with Mindway, contains personally identifying information, or that is offensive, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on user name choices. Mindway may modify any name which, in the sole and exclusive judgment of Mindway, violates this provision, without notification to you, and may take further disciplinary measures, including account termination for repeated violations;
10.1.14. playing on another person’s account to “boost” that account’s status or rank;
10.1.15. performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Resources or any user.
11. Suspension and Termination of Use, Account or Resources
11.1. If you violate any provision of this EULA, then we may, at our sole discretion depending on the seriousness of the breach and without any notice to you, take some or all of the following actions:
11.1.1. suspend your Account for a short period of time;
11.1.2. suspend your Account for a longer period of time; and
11.1.3. may terminate your Account, and
11.1.4. in each case the level of seriousness of the breach shall be determined exclusively by Mindway and you agree not to appeal against such Mindway decisions.
11.2. If we suspend your Account, then during the period of that suspension you will not be able to access your Account or use any of the Resources. If we close your Account, then you will never be able to access your Account and we may also prohibit you from accessing or using the Resources in future.
11.3. We will terminate your Account in very serious circumstances where we consider that a suspension is not sufficient. For example, this might include a very serious contravention of this EULA, the Rules or the Privacy Policy, Third Party Terms or where you have contravened the abovementioned rules or any of them on numerous occasions.
11.4. We also reserve the right to modify or discontinue any or all of the Resources at any time (including, without limitation, by limiting or discontinuing certain features of the Resources) without notice to you. We will have no liability whatsoever on account of any change to the Resources or any suspension or termination of your access to or use of the Resources.
12. Resources Availability
12.1. Occasionally we may need to update, reset, temporarily interrupt or shut down some or all of the Resources. Any of these actions may cause you to lose access to the Resources temporarily and/or cause you setbacks within a Game or other aspects of your use of the Resources.
12.2. We shall have no liability to you if the Resources or any aspect of them (including any Additional Features, accounts, statistics, user ranks or profile information) are interrupted or unavailable for any reason. We may suspend or terminate the availability of the Resources and Content, in whole or in part, to any individual user or all users, for any reason, at Mindway’s sole discretion, and without any advance notice or liability.
13. Personal Data
13.1. The Resources may include content from and hyperlinks to web sites, locations, platforms and services operated and owned by third parties including advertisers and other content providers (hereinafter the “Third Party Services”). We may also integrate third party technologies into our Resources and host our content on Third Party Services. Those Third Party Services may collect data or solicit personal information from you. We do not own, control or operate such Third Party Services, and are not responsible for their information, content, privacy policies, or for the collection, use or disclosure of any information those Third Party Services may collect. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk.
14. Patches, Changes
14.1. Ocassionally, we may need to:
14.1.1. deploy or provide patches, updates, additional content or other modifications to the Resources and/or Games (e.g. to enhance online gameplay, to add new features or to resolve software bugs); and
14.1.2. remove or suspend access to particular features, content or other parts of the Resources and/or Games.
14.1.3. We need to take the actions referred to in this section automatically in order to keep the Resources running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you give consent to us taking these actions without your prior approval and without any prior notice.
14.2. Epilepsy Warning
14.2.1. Some people are vulnerable to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, Immediately discontinue use of the Games and consult your doctor. Please also note that when using a Game you should take certain standard health and safety precautions, including avoiding playing the Games when tired or fatigued, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
15. Indemnity
15.1. You agree that you are responsible for your use of the Resources and/or Games, and you agree to defend, indemnify, and hold harmless Mindway and its affiliates, and their officers, directors, employees, consultants, and agents (collectively, hereinafter the “Mindway Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
15.1.1. your access to, use of, or alleged use of the Resources;
15.1.2. your violation of this EULA or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
15.1.3. your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;
15.1.4. your Submissions;
15.1.5. your use of a Third Party Service;
15.1.6. any misrepresentation by you; or
15.1.7. any disputes or issues between you and any third party.
15.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Resources and/or Games.
16. Disclaimers, No Warranties
16.1. Except as otherwise set forth herein, the Resources, Games, Content, Ancillary Resources are provided “as is” and on “as available” basis, without warranty or condition of any kind, either express or implied. The Mindway Entities specifically, but without limitation, disclaim all warranties of any kind, whether statutory, express, implied or otherwise relating to the all Resources and all Games and all Content available through the Resources, including but not limited to:
16.1.1. any implied warranties or merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement;
16.1.2. any warranties arising out of the course of dealing, usage or trade.
16.2. The Mindway Entities do not warrant that the Resources or any party thereof, or any materials or any Content offered through the Resources, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of the foregoing will be corrected. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
16.3. You understand and agree that you use the Resources and use, access, download or otherwise obtain Content through the Resources, at your own discretion and risk, and you will be solely responsible for any damage to your property, including your computer system used in connection with the Resources, or loss of data that reslts from the use of resources or the download or use of any Games or Content.
17. Limitation of Liability
17.1. In no event will the Mindway Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses or cost of procuring substitute goods or resources) arising out of or relating to your access to or use of, or your inability to access or use, the resources or any games, materials or content on or through the resources, whether based on warranty, contract, tort (including negligence), statute or any other legal theory and whether or not the Mindway Entities have been informed of the possibility of such damage.
17.2. You agree that the aggregate liability of the Mindway Entities to you for any and all claims arising out of relating to the use of or any inability to use the resources (including any games, materials or content available through the resources) or otherwise under this EULA, whether in contract, tort, or otherwise, is limited to the greater of (i) the amounts you have paid to Mindway in the 3 (three) months prior to the claim for access to and use of the specific resources or game from which the claim arose or (ii) $100.
17.3. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. accordingly, the above limitation may not apply to you.
17.4. Each provision of this EULA that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this EULA between the parties. this allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this EULA. The limitations in this paragraph will apply even if any limited remedy fails of its essential purpose.
18. Governing Law and jurisdiction
18.1. This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by laws of the State of Utah, Salt Lake County, USA, without regard to the conflict of laws principles thereof. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Mindway agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Salk Lake County, Utah, USA for the purpose of litigating all such disputes.
19. Dispute Resolution and Arbitration
19.1. In the interest of resolving disputes between you and Mindway in the most expedient and cost effective manner, you and Mindway agree that any and all disputes arising in connection with this EULA shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can generally award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, any and all claims, whether past, present or future, arising out of or relating to any aspect of this EULA or any other services, programs, marketing, advertising solicitations or conduct relating to our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. You understand and agree that, by entering into this EULA, you and Mindway are each waiving the right to a trial by jury or to participate in a class action.
19.2. Notwithstanding Subsection 19.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to:
19.2.1. bring an individual action in small claims court;
19.2.2. pursue enforcement actions through applicable federal, state, or local authorities charged by law with the enforcement of such actions; or
19.2.3. to file suit in a court of law to address intellectual property infringement claims.
19.3. Any arbitration between you and Mindway will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, hereinafter the “AAA Rules”) of the American Arbitration Association (hereinafter the “AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org.
19.4. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (hereinafter the “Notice”). Mindway’s address for Notice is: Mindway Corporation, 215 S STATE ST, STE 1200, Salt Lake City, Utah, USA. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (hereinafter the “Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 (thirty) days after the Notice is received, you or Mindway may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Mindway shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Mindway shall pay you:
19.4.1. the amount awarded by the arbitrator, if any,
19.4.2. the last written settlement amount offered by Mindway in settlement of the dispute prior to the arbitrator’s award; or
19.4.3. $1,000.00 (one thousand), whichever is greater.
19.5. In the event that you commence arbitration in accordance with this EULA, Mindway will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000 (ten thousand), in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $50,000 (fifty thousand) or less, you may choose whether the arbitration will be conducted:
19.5.1. solely on the basis of documents submitted to the arbitrator;
19.5.2. through a non-appearance based telephonic hearing; or
19.5.3. by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
19.6. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Mindway for all money previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.7. You and Mindway agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceedings. Further, unless both you and Mindway agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.8. The Dispute Resolution and Arbitration provision set forth in this Section 25 is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (hereinafter the “FAA”), and not Federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration. The arbitrator is bound by the terms of the Dispute Resolution and Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and, subject to any appliable limits thereon, shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs.
19.9. In the event that Mindway makes any future change to this arbitration provision (other than a change to Mindway’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Mindway’s address for Notice, in which case your account with Mindway shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
19.10. If Subsection 19.8 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 25 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 19 shall govern any action arising out of or related to this EULA.
20. Copyright
20.1. “CyberDrive”, “Snake”, “Deep Scout”, “SIM”, “Mindway”, “GraviLink”, “MPL” and their respective logos are trademarks or registered trademarks of Mindway. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All Third party trademarks and service marks that appear in the Games are the property of their respective owner and all rights in them are reserved.
21. Term and Termination
21.1. This EULA shall come into effect upon its acceptance by you and remain in force until you or Mindway terminate(s) your Account. Termination of your Account shall constitute termination of this EULA.
21.2. You may terminate your account at any time via sending an e-mail to steam@mindway.com. If you terminate your Account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Resources incurred prior to termination. Upon any termination of your Account or the Resources, we may remove all Additional Features from that Account and you will not be entitled to any refunds or compensation.
21.3. The provisions of this EULA and any applicable Rules, which by their nature should survive termination of your use of the Resources, Account and this EULA, will survive.
21.4. Mindway reserves the right to investigate and prosecute any suspected breaches of this EULA of the Resources and/or Games. Mindway may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
22. Contacts
22.1. If you have any questions, complaints, or comments regarding this EULA, please contact us via sending an e-mail to steam@mindway.com. You acknowledge that the provision of support is at Mindway’s sole discretion and that we have no obligation to provide you with customer support of any kind. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
GAME RULES “SNAKE”
Additions to the End User License Agreement
Utah, Salt Lake The 6th of March
PLEASE READ THE FOLLOWING GAME RULES CAREFULLY. BY ACCESSING, USING, OR AVAILING YOURSELF OF THE SNAKE OR SERVICES OR RESOURCES IN ANY MANNER, OR USING, REGISTERING, DOWNLOADING, OR INSTALLING THE GAMES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING GAME RULES. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE WITH GAME RULES, YOU SHOULD NOT PROCEED WITH THE REGISTRATION PROCESS AND LEAVE OUR GAMES, SITES, RESOURCES IMMEDIATELY AND DO NOT ACCESS OR USE OUR GAMES, SITES, RESOURCES.
1. General Provisions
1.1. In order to register, players must be thirteen (13) years of age or older. All players are solely responsible for their behavior. Players are responsible for protecting their accounts from access by others, and are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site. It is highly discouraged for users to share accounts with others. In the case of an account that has been lost or hacked, please inform us.
1.2. If you are under 13 years of age or other minimum legal age where it differs under local legal requirements, please ask your parent or guardian to review and approve this EULA on your behalf. If you are under the aforesaid age, you must not use or access the Game without a parent or legal guardian supervising you.
1.3. The Mindway is not responsible for the behavior of any individual player, as well as for the content of his or her messages in all game chats and channels. Players are solely responsible for their behavior and the Fan Content.
1.4. Mindway reserves the right to evaluate each incident on a case by case basis. The action that may be taken may be more lenient or more severe than those listed under each category.
1.5. Mindway may suspend, terminate, modify, or delete accounts at any time for any reason or for no reason, with or without notice to the owner of the account. Accounts terminated by Mindway for any type of abuse, including without limitation a violation of these rules or the EULA, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these rules or rules. Players may cancel any account registered to themselves at any time by contacting us via sending an email to steam@mindway.com. Mindway may stop offering and/or supporting any service at any time.
1.6. Players who decide to be involved with the game acknowledge and agree to these and all other relevant rules and will abide by them regardless of the circumstances. In addition players also agree that these Rules will apply to anyone that is allowed to use their Mindway account. By allowing another user to use the account, the account owner is personally responsible for all the consequences (including termination of said account) which may result, if the above discussed person violates any of the listed rules at any time. The account owner will not be entitled to a refund of any currency or any form of credit.
2. Names, Avatars
2.1. Certain content for names, avatars have no place on the Games and/or Resources and/or Sites, due to their extremely offensive, annoying or inappropriate nature. The following list is only a summary, but it gives some idea of names, avatars which are not accepted with the Game environment:
2.1.1. that contain profanity, including its abbreviated form;
2.1.2. that contain insults, personal attacks, abuse or harassment;
2.1.3. that contain unprintable words or abbreviations, or which are unattractive and/or unreadable;
2.1.4. which either in whole or partly contain copyrighted or registered trade mark elements;
2.1.5. which have (in any way) racist or nationalistic implications which may create offense to a certain nation, ethnic, religious, racial or sexual minority group;
2.1.6. that contain an allusion of racial or national supremacy, as well as discriminative propaganda on any level;
2.1.7. which contain insults or derogatory comments based on race, nationality, religion, culture, mental stature, sex, or sexual preference;
2.1.8. which have an association with sexuality, pedophilia, sexual abuse; or have an offensive connection to the human body or bodily functions;
2.1.9. which contain nudity, sexually explicit material or content that is otherwise deemed inappropriate;
2.1.10. which contain excessive gore or violence, or are obscene/vulgar;
2.1.11. which make reference to addictive or illegal substances or their use, or any other illegal activities;
2.1.12. that contain Logotypes, symbols, emblems or figures connected in one way or another with organizations, that violate or were violating existing laws and rules;
2.1.13. anything that may provoke strong negative reaction/association or promote national/ethnic/religious hatred. (e.g., using different variations of Nazi symbolic, abridgments and signs [88, 14, 420, SS], or similar stylizing [such as, 55] as well as credentials, names and surnames of Nazi leaders.);
2.1.14. that contain reference to current mainstream religions that may create offense, i.e. names such as God, Jesus, Allah, etc.;
2.1.15. that are connected with negative historical or political personalities, first of all those who are judged by international courts for crimes against humanity, those that generally arouse feelings of suffering or disgust in the majority of people, as well as members of currently existing terrorist organizations;
2.1.16. that negatively portrays the projects staff, or administration;
2.1.17. which in any other manner violates the EULA or local laws, either implicitly or explicitly are prohibited (This also contains links to websites containing the above);
3. Important
3.1. Repeated violations any area of these Rules or the EULA, will often result in permanent suspension from the Game(s) and/or Resources and/or Sites.
3.2. This policy is not language-restrictive. Language that falls under this policy will always be subject to the repercussions listed, whether it is inappropriate in English or any other language.
Utah, Salt Lake The 6th of March
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (HEREINAFTER THE “EULA”) CAREFULLY. BY ACCESSING, USING, OR AVAILING YOURSELF OF THE RESOURCES IN ANY MANNER, OR USING, REGISTERING, DOWNLOADING, OR INSTALLING THE GAMES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE TO USE THE RESOURCES, INCLUDING THE MINDWAY PRIVACY POLICY AND THE RULES (AS DEFINED BELOW). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THIS EULA, YOU MAY NOT REGISTER FOR OR USE ANY OF THE RESOURCES.
THIS EULA CONTAINS A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION OF ANY AND ALL DISPUTES THAT MAY ARISE BETWEEN US, AND RESTRICTS EITHER PARTY’S RIGHT TO PURSUE RELIEF ON A CLASSWIDE OR REPRESENTATIVE BASIS, OR THROUGH A CONSOLIDATION OF CLAIMS.
1. Introduction
1.1. This EULA governs the relationship between you and Mindway Corporation (Entity Number: 13109572-0142), 215 S STATE ST, STE 1200, Salt Lake City, UT 84111, United States of America, or any one of its affiliated entities (hereinafter the “Mindway”, “we”, “our” and “us”) in relation to:
1.1.1. our websites, including without limitation gravilink.com and any other websites owned or operated by Mindway (the “Sites”);
1.1.2. any online, desktop and mobile games owned, operated or made available by Mindway including, but not limited to, “CyberDrive”, “Snake”, “Deep Scout”, “SIM” (hereinafter the “Games”);
1.1.3. any of our other resources, including without limitation user support, mobile apps, and any resources accessible via a third party platform, web application, or social media (together and hereinafter the “Ancillary Resources”).
1.2. In this EULA, we refer to the Sites, Games and Ancillary Resources as the “Resources”.
2. Other Documents You Accept
2.1. This EULA includes the following documents that are incorporated here by reference:
2.1.1. our Privacy Policy that sets out how we will respect your privacy and how we use data collected by the Resources is hereby incorporated into these EULA;
2.1.2. rules and guidelines for the Games, including but not limited to the following:
“CyberDrive”;
“Snake”;
“Deep Scout”;
“SIM”
hereinafter, the “Game Rules”,
2.1.3. other Mindway rules and policies (together with the Game Rules, hereinafter the “Rules”).
2.2. In order to access and use any Game, in addition to accepting this EULA and the Rules applicable to the relevant Game, you must also read and acknowledge the Privacy Policy.
2.3. You must also accept and comply with all rules of external platforms applicable to the Resources of the specific Games, including but not limited to Steam Subscriber Agreement and Steam Online Conduct, Epic Games Store End User License Agreement and Google Play rules (hereinafter the “Third Party Terms”). Any breach of any Third Party Terms shall be regarded as a fundamental breach of this EULA.
2.4. If you do not want to accept this EULA, then you may not use or access any of the Resources. If you do not accept the Rules applicable to a Game, then you may not download or use that Game.
3. Eligibility
3.1. To enter into EULA, you must be an adult of the legal age of majority in your country of residence. You are legally and financially responsible for all actions using or accessing our software, including the actions using or accessing our software, including the actions of anyone you allow to access to your account. You affirm that you have reached the legal age of majority, understand and accept this EULA. If you are under the legal age of majority, your parent or legal guardian must consent to this EULA. By agreeing to this EULA, you represent and warrant to us:
that you are at least thirteen years of age;
that your registration and your use of the Resources complies with all applicable laws and regulations.
3.2. You agree that you will not knowingly allow any individual under the age of 13 or other minimum legal age where it differs under local legal requirements to use or access the Resources.
4. Amendments to this EULA and the Rules
4.1. From time to time, at our sole discretion, we may amend, modify or replace this EULA, for example to reflect new products or services or because of changes in the law, without prior notice. If we make a material change to this EULA, we will make reasonable efforts to notify you and, where required by applicable law, we will obtain your consent. We may provide notice through a pop-up or banner within the Resources, by sending an email to any address you may have used to register for an Account, or through other mechanisms. Material changes to this EULA will take effect upon the earlier of (a) your actual notice or (b) thirty (30) days from posting of such change. If we make a non-material change to this EULA which does not reduce your rights, we will post a new version of this EULA and the new version of this EULA will take effect immediately upon the date of posting. The latest version of this EULA will always be available on the Sites, so we recommend that you check for updates to this EULA each time you use the Resources. If you continue to use the Resources after a new version of this EULA takes effect, then you shall be considered to have accepted the latest version of this EULA (other than for those material changes where your consent is required). Disputes arising under this EULA will be resolved in accordance with the version of the EULA in place at the time the dispute arose. This section does not apply to changes to the Rules that are addressed in Section 4.2.
4.2. At our sole discretion, on occasions, we may also amend, modify or replace the Rules, for example to ensure that the Games operate smoothly and to reflect the needs of the community using the Games. The latest version of the Rules will always be available on the Sites. Any new version of the Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use a Game after a new version of the applicable Rules takes effect, then you shall be considered to have accepted the amended Rules.
5. Mindway Account
5.1.1. In order to use the Resources, you will need to create a Mindway account. A Mindway account is a collection of data associated with a particular person that is required for his or her use of the Resources, including authentication (authorization), access to settings, statistics and other information, and use of rights to Additional Features (hereinafter the “Account”).
5.1.2. To create an Account, you must have an email address and will be required to provide certain information. (The details of the information that you may provide are set out in our Privacy Policy). You agree that you will provide all information truthfully and accurately, so that we have correct details about you and your Account. You will maintain and update this information to keep it true, accurate, current, and complete.
5.1.3. When creating an Account you will also be required to provide a ‘user name’ and/or ‘persona’ to represent you in connection with the Resources. User names and personas are tied to your Account and are non-transferable (meaning they cannot be transferred to anyone else). You may not use a user name or persona that is used by someone else, is vulgar or offensive, imitates any third party, infringes on any proprietary right of any third party, or otherwise breaches this EULA or the Rules. If you have questions about Account registration, please contact us via sending an e-mail to steam@mindway.com.
5.1.4. In certain cases, including some Games, you may also log in through some third party system, if expressly permitted in the Game.
5.1.5. Also, if expressly permitted by Mindway, a “demo account” is possible in certain Games. In this case, you receive no separate username or password. The authorization for the Game is made through the specific technical device (mobile phone, tablet, etc.) that you use.
5.1.6. However, we strongly advise you to set up a standard Account in accordance with the above provisions. If a “demo account” is used, we are not responsible for keeping your progress in the Game, ensuring availability of game items and Additional Features, or maintaining the safety of any monetary or valuable assets in the Account. Cases when an Account and all connected assets may be lost entirely include the loss of the technical device, loss of password or any unauthorized modification of the operating system (“jailbreaking”) or of the software.
5.2. Prohibition on Account Sharing
5.2.1. You must keep all information relating to your Account confidential. At no time should you disclose your account ID or password, secret question or answer to anyone. This includes your friends, relatives, parents, children, spouses, co-worker and any other persons or entities. In case of such disclosure, clause 5.2.2 will apply.
5.2.2. You are fully responsible for the conduct and actions using your Account and for all breaches of this EULA committed using your Account. We shall have no liability to you for any loss or damage arising from disclosure of your Account data to anyone, any unauthorized use of your Account, or any unauthorized access, use, alteration, modification and/or disclosure of your personal information.
5.2.3. Any sale, purchase, lease, rent, exchange, other commercial exploitation of Accounts is prohibited.
5.3. Account Security
5.3.1. You must ensure that you secure your Account, computer, mobile phone or other device from third party access. Please notify us immediately at if you become aware of:
any unauthorized use of your Account or any other breach of security; or
any hacking tools being used or that might be used in relation to the Resources.
5.3.2. We may employ certain physical, electronic and managerial procedures designed to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use procedures reasonably designed to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made by email are not protected by encryption and are vulnerable to disclosure to third parties, including due to interception during transmission.
5.4. Ownership of Account
5.4.1. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Mindway. You further acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the Additional Features that you unlock or accumulate, regardless of any consideration offered or paid in exchange for such Additional Features. Furthermore Mindway shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking or any other damage or loss of any kind caused to the Game Content or Additional Features, including the deletion of Game Content or Additional Features upon the termination or expiration of Account.
6. Resources and Content Licenses
6.1. The software, technology, text, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, data, and all other elements and information of the Resources, as well as the design and appearance of our Sites and the Games (collectively, hereinafter the “Content”), provided by Mindway are protected by all relevant intellectual property and proprietary rights and applicable laws.
6.2. As between you and Mindway, Mindway and its licensors own the Content and all of the intellectual property rights in it. Except as expressly authorized by Mindway, you may not make use of the Content or the Resources. Mindway and its licensors reserve all rights in and to the Content and the Resources not expressly granted in this EULA. Any unauthorized use of the Content or Resources for any purpose is prohibited.
6.3. Subject to your compliance with the terms and conditions herein, Mindway grants you a personal, non-exclusive, revocable, non-transferable, limited right to access the Content in connection with your access and use of the Resources. Unless and to the extent that we have expressly authorized you in writing, you must not:
6.3.1. copy or download any Content from a Resource (except as part of the proper use or operation of that Resource);
6.3.2. reproduce, distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content;
6.3.3. make any commercial use (i.e., for profit) of the Content;
6.3.4. harvest any information from the Resources or Content;
6.3.5. reverse engineer or modify the Resources or Content;
6.3.6. interfere with the proper operation of or any security measure used by the Resources or Content;
6.3.7. infringe any intellectual property or other right of any third party;
6.3.8. use the Resources or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or
6.3.9. remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.
6.4. Mindway makes the Content available to you subject to the following conditions:
6.4.1. we can only make Content available to you if it is legal for you to have access to that Content in your home country;
6.4.2. you may only obtain Content from us (or from any person or third party that we authorize for this purpose) and you must not obtain Content from any other person or attempt to do so;
6.4.3. we reserve the right to refuse your request(s) to acquire Content, and we also reserve the right to limit or block any request to acquire or obtain Content for any reason;
6.4.4. we do not guarantee that any Resources or Content will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer particular content for any particular length of time (unless we expressly say otherwise as part of the Resources);
6.4.5. once you have redeemed or activated Content, including without limitation any Additional Feature, it is not returnable, exchangeable, or refundable for other Content, cash, goods or services;
6.4.6. we may change, replace, remove access to or update the Content at any time at our sole discretion; and
6.4.7. we may monitor use of the Resources for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior and improving the Resources.
7. Purchases and Billing
7.1. You do not have to pay any registration or subscription fees to create an Account. However, some of the Resources or parts thereof may require you to pay a fee. If you decide to purchase or to subscribe to any such Resources, you must ensure that:
7.1.1. you are 13 years of age or older;
7.1.2. you are the authorized Account holder for the Account from which you are accessing to the Resources;
7.1.3. you are authorized to use the particular credit card or other accepted payment method;
7.1.4. all information that you submit at the time of purchase is true and accurate; and
7.1.5. you agree to pay all the fees that you incur, including all recurring payment and/or subscription fees, unless and until you cancel your Account or any particular payment and/or subscription to any of the Resources in accordance with this EULA.
7.2. Any applicable fees and other charges on your Account are payable in advance and are not refundable. We may, from time to time, without prior notice modify, amend, or supplement payment methods offered within the Resources. We will post those changes in the corresponding section of the relevant Resource(s).
7.3. The final price of the purchase and/or subscription may vary depending on the selected payment method. To see the final price, click the button for the selected payment method. Please check currency exchange fees and charges in case payment currency is different from the currency of the selected payment method.
7.4. Prices for the purchases of the Resources are published in the corresponding section of the relevant Resource(s). Mindway reserves the right to change the price at any time by making a respective change on the Resource(s). By making a purchase you are considered to demonstrate consent with the price. Price changes for any payment subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Resources after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
7.5. We perform our best to describe our services, Resources and prices thereof as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Resources is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Mindway shall have the right to refuse or cancel any purchase or subscription in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a refund in the amount of the charge. If you have already used your purchase or subscription has already expired, Mindway reserves the right to block access to your Account until you reimburse the full price of the corresponding Resource(s). If a subscription or Resource(s) you purchased from Mindway is not as described, your sole remedy is to cancel the purchase and receive a refund in the amount of the purchase price.
7.6. If you are playing our Games on third party platforms, you must also comply with all Third Party Terms set by those third party platforms. The charging and billing in such Games are subject to Third Party Terms of those Platforms. Mindway disclaims any liability of any nature for such platform’s actions.
8. Additional Features
8.1. The Resources may permit you to acquire and accumulate rights to certain additional virtual game content, features and functionalities (including rights to in-game assets and points) as made available by Mindway (hereinafter the “Additional Features”) which you are granted a license to use pursuant to the terms of this EULA. Additional Features constitute a limited, non-transferable, revocable right to use features of the Resources when, as, and if allowed by Mindway and solely as governed by and permitted under this EULA. Subject to this EULA, Additional Features may be exchanged for access to upgraded features, may be exchanged for other Additional Features, or used in connection with other features made available by Mindway through the Resources. Additional Features are not real-world currency, have no monetary value, and cannot be used, exchanged, or redeemed except as provided in this EULA, and cannot be transferred, in any case. For avoidance of doubt, Additional Features are not redeemable or refundable for any sum of money or monetary value from Mindway or any third party at any time; provided, however, if and to the extent that any Additional Features are determined by applicable law to constitute real world currency or property, then they are the property of Mindway.
8.2. You may accrue Additional Features in a variety of ways. Mindway may distribute or provide access to Additional Features in exchange for taking certain actions (either directly within the Resources, or in connection with a third party service), for a fee, or without any fee or required action, in its sole discretion. Mindway may charge fees for the right to exercise rights associated with Additional Features. You agree that you do not “own” the Additional Features and that Mindway has the absolute right to manage, regulate, control, modify and/or eliminate such Additional Features in its sole discretion, in any general or specific case, and that Mindway will have no liability to you based on its exercise of such right. Mindway allows you to accumulate and manage your Additional Features, and may use terms such as “buy” and “sell” to refer to the grant or transfer of rights to use the Resources. Use of terms such as “buy” or “sell” does not indicate any ownership right. The total amount of a purchase may be adjusted by adding a fee, if any, applicable to the payment method you selected and for mandatory tax payments, if any, required by law. If adjusted, the total amount of the purchase will be recalculated automatically and displayed before you confirm the purchase, provided, however, that such functionality is supported by a chosen payment method. If your payment is in a currency other than that of the purchase amount shown on the Site, the exchange rate applied will depend on the selected payment method.
8.3. Additional Features Rules
8.3.1. Additional Features may only be redeemed for other Additional Features where permitted in the Resources;
8.3.2. Once you have purchased Additional Features, those Additional Features are non-refundable and non-exchangeable (whether or not you use them);
8.3.3. Additional Features cannot be sold or transferred to anyone, but you may buy Additional Features for another user of a Game through the Resources applicable to that Game;
8.3.4. Additional Features cannot be exchanged for cash or any goods or services (except other Additional Features as permitted in the Resources);
8.3.5. To acquire Additional Features, you need to follow the instructions provided in the Resources, that can include making a payment and providing personal and financial details, which you represent that shall be complete and accurate.
8.3.6. The price payable for the Additional Features (including any value added tax or other applicable taxes of duties) will be as set out on our Sites or as part of the Resources (as applicable), but we reserve the right to change the price of Additional Features at any time at our discretion;
8.3.7. We do not make any promises about how or when Additional Features may be available and can update or change Additional Features at any time;
8.3.8. If you receive Additional Features free of charge, at a lower price or without performing the actions that are normally required for receipt (e.g., playtime without playing the Game) (i) due to a technical error (a bug), you must report this to Mindway immediately; or (ii) due to hacking, fraud or other illegal actions, you must report this to Mindway immediately and pay for such Additional Features to the extent already consumed. In each case, Mindway may delete such Additional Features without any notice to you and, if you have already consumed the Additional Features, to block access to your Account until you reimburse the full price of the corresponding Additional Feature(s).
8.3.9. You may only acquire Additional Features from us (or from any person that we authorize for this purpose), or from another authorized user of a Game through the use of a feature included in the Game by Mindway expressly for such purpose (such as a gift through the Site applicable to that Game), and you must not obtain Additional Features from any other person or in any other way or attempt to do so; and
8.3.10. We may limit or block a request to acquire Additional Features for any reason.
8.3.11. In the event you purchase Additional Features from Mindway, we will transfer the Additional Features to you only once that payment has been processed, and you may start using Additional Features as soon as you have completed the purchase process. You therefore have no right to cancel any transaction to purchase Additional Features after completion of the purchase process and being entitled to download the Additional Features.
8.3.12. You agree and acknowledge that Mindway may deny or place limitations or restrictions on any purchase, issue, or redemption of Additional Features, individually or with respect to general volume, at any time and for any reason. Mindway may halt, suspend, discontinue, or reverse any Additional Features transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Resources, or the service of any affiliated or related third party.
9. Fan Content
The Mindway and its affiliates, and their officers, directors, employees, consultants, and agents are pleased that you may want to create stuff based on our intellectual property. However, we did spend a lot of time and money to create our intellectual property and want to protect it. In most cases, using our Games, Resources, artwork, videos, music, characters, logos, and other intellectual property without our permission is illegal and a violation of our rights. So we would like to explain what you may do regarding your Fan Content.
Fan Content shall mean your personal, non-commercial (i) fan art (such as artwork, photographs, videos, and other materials) that is based on the Mindway Intellectual Property; and (ii) Mindway Intellectual Property-related Sites and Resources that are freely accessible to the public (hereinafter the “Fan Content”).
9.1. Subject to the terms and conditions herein, Mindway grants you a non-exclusive, revocable, worldwide, personal, non-transferable and limited license to reproduce and display Fan Content owned and operated by you and solely for non-commercial purposes. This license is further conditional upon you complying with the following provisions:
9.1.1. you acknowledge and agree that Mindway retains ownership of the Fan Content, and any and all derivative works thereof, and has the right to amend, delete, add to or otherwise modify, or to revoke the foregoing license with respect to, any items and/or stuff of Fan Content at any time;
9.1.2. you agree to include Mindway’s trademark, copyright or other proprietary rights notices when displaying Fan Content without request or if we request you to do so and in the manner that we request you to do so;
9.1.3. you agree to comply with any usage guidelines that we may provide to you from time to time;
9.1.4. you shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Fan Content, including in digital form, nor challenge Mindway’s ownership (or the ownership of any third party) of the Fan Content;
9.1.5. you shall not use or adopt any trademarks that might be confusingly similar to any Fan Content;
9.1.6. the Fan Content will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Mindway or of any of the Games or of any of the Resources;
9.1.7. your Fan Content may not include links to any website that promotes or exploits cheats or hacks to Mindway’s games or any other Games or any other Resources;
9.1.8. Fan Content must have no commercial (i.e., monetary) objective. As an exception to this, individual fans are permitted to monetize web videos or streaming (such as YouTube or Twitch) with advertisements, so long as those videos otherwise meet the requirements of EULA;
9.1.9. You must display the following disclaimer on or in connection with your Fan Content, including on any web page containing your Fan Content as described: “Portions of the materials used are trademarks and/or copyrighted works of Mindway Corporation. All rights reserved by Mindway. This material is not official and is not endorsed by Mindway”;
9.1.10. Any usage of your Fan Content by Mindway may be without any compensation to you.
9.2. Users of the Fan Content use Fan Content at their own risk. Mindway under no obligation to edit or control Fan Content that you or other users post for publish, and will not be in any way responsible or liable for Fan Content. You understand that when using the Fan Content you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against Mindway with respect to Fan Content. Mindway expressly disclaim any and all liability in connection with Fan Content. If notified by a user or Fan Content owner that Fan Content allegedly does not conform to this EULA, Mindway may investigate the allegation and determine at our sole discretion whether to remove the Fan Content, which we preserve the right to do at any time and without notice. Mindway expressly inform you that Mindway does not permit copyright-infringing activities on the Resources.
10. Rules
10.1. The Rules set out how we expect you to behave when using any of the Games or Resource. Please review the Rules carefully before using any of the Games or Resource. We may take appropriate disciplinary measures, including account termination and deletion, for inappropriate behavior including, but not limited to:
10.1.1. impersonating any person, business or entity, including an employee of Mindway, or communicating in any way that makes it appear that the communication originates from Mindway;
10.1.2. posting identifying information about yourself or other users to the Sites or within the Games;
10.1.3. harassing, stalking or threatening other users in the Game(s);
10.1.4. removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Mindway contained in the Sites, the Game and/or the Resources;
10.1.5. transmitting content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
10.1.6. transmitting or communicating any content which, at the sole and exclusive discretion of Mindway, is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory, or otherwise objectionable, or that constitutes cyberbullying;
10.1.7. transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
10.1.8. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings;
10.1.9. participating in any action which, in the sole and exclusive judgment of Mindway, defrauds any other user of the Game, including by scamming or social engineering;
10.1.10. using any unauthorized third party programs, including hacks, cheats, scripts, bots, trainers and automation programs that interact with the Resources and/or Games in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication between the software and Mindway and any unauthorized third party programs that collect information about the Games by reading areas of memory used by the software to store information;
10.1.11. developing and using any software designed to modify the Games and change gaming experience (mods) unless expressly permitted by Mindway;
10.1.12. accessing or attempting to access areas of the Game that have not been made available to the public;
10.1.13. selecting a user name that is falsely indicative of an association with Mindway, contains personally identifying information, or that is offensive, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on user name choices. Mindway may modify any name which, in the sole and exclusive judgment of Mindway, violates this provision, without notification to you, and may take further disciplinary measures, including account termination for repeated violations;
10.1.14. playing on another person’s account to “boost” that account’s status or rank;
10.1.15. performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Resources or any user.
11. Suspension and Termination of Use, Account or Resources
11.1. If you violate any provision of this EULA, then we may, at our sole discretion depending on the seriousness of the breach and without any notice to you, take some or all of the following actions:
11.1.1. suspend your Account for a short period of time;
11.1.2. suspend your Account for a longer period of time; and
11.1.3. may terminate your Account, and
11.1.4. in each case the level of seriousness of the breach shall be determined exclusively by Mindway and you agree not to appeal against such Mindway decisions.
11.2. If we suspend your Account, then during the period of that suspension you will not be able to access your Account or use any of the Resources. If we close your Account, then you will never be able to access your Account and we may also prohibit you from accessing or using the Resources in future.
11.3. We will terminate your Account in very serious circumstances where we consider that a suspension is not sufficient. For example, this might include a very serious contravention of this EULA, the Rules or the Privacy Policy, Third Party Terms or where you have contravened the abovementioned rules or any of them on numerous occasions.
11.4. We also reserve the right to modify or discontinue any or all of the Resources at any time (including, without limitation, by limiting or discontinuing certain features of the Resources) without notice to you. We will have no liability whatsoever on account of any change to the Resources or any suspension or termination of your access to or use of the Resources.
12. Resources Availability
12.1. Occasionally we may need to update, reset, temporarily interrupt or shut down some or all of the Resources. Any of these actions may cause you to lose access to the Resources temporarily and/or cause you setbacks within a Game or other aspects of your use of the Resources.
12.2. We shall have no liability to you if the Resources or any aspect of them (including any Additional Features, accounts, statistics, user ranks or profile information) are interrupted or unavailable for any reason. We may suspend or terminate the availability of the Resources and Content, in whole or in part, to any individual user or all users, for any reason, at Mindway’s sole discretion, and without any advance notice or liability.
13. Personal Data
13.1. The Resources may include content from and hyperlinks to web sites, locations, platforms and services operated and owned by third parties including advertisers and other content providers (hereinafter the “Third Party Services”). We may also integrate third party technologies into our Resources and host our content on Third Party Services. Those Third Party Services may collect data or solicit personal information from you. We do not own, control or operate such Third Party Services, and are not responsible for their information, content, privacy policies, or for the collection, use or disclosure of any information those Third Party Services may collect. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk.
14. Patches, Changes
14.1. Ocassionally, we may need to:
14.1.1. deploy or provide patches, updates, additional content or other modifications to the Resources and/or Games (e.g. to enhance online gameplay, to add new features or to resolve software bugs); and
14.1.2. remove or suspend access to particular features, content or other parts of the Resources and/or Games.
14.1.3. We need to take the actions referred to in this section automatically in order to keep the Resources running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you give consent to us taking these actions without your prior approval and without any prior notice.
14.2. Epilepsy Warning
14.2.1. Some people are vulnerable to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, Immediately discontinue use of the Games and consult your doctor. Please also note that when using a Game you should take certain standard health and safety precautions, including avoiding playing the Games when tired or fatigued, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
15. Indemnity
15.1. You agree that you are responsible for your use of the Resources and/or Games, and you agree to defend, indemnify, and hold harmless Mindway and its affiliates, and their officers, directors, employees, consultants, and agents (collectively, hereinafter the “Mindway Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
15.1.1. your access to, use of, or alleged use of the Resources;
15.1.2. your violation of this EULA or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
15.1.3. your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;
15.1.4. your Submissions;
15.1.5. your use of a Third Party Service;
15.1.6. any misrepresentation by you; or
15.1.7. any disputes or issues between you and any third party.
15.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Resources and/or Games.
16. Disclaimers, No Warranties
16.1. Except as otherwise set forth herein, the Resources, Games, Content, Ancillary Resources are provided “as is” and on “as available” basis, without warranty or condition of any kind, either express or implied. The Mindway Entities specifically, but without limitation, disclaim all warranties of any kind, whether statutory, express, implied or otherwise relating to the all Resources and all Games and all Content available through the Resources, including but not limited to:
16.1.1. any implied warranties or merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement;
16.1.2. any warranties arising out of the course of dealing, usage or trade.
16.2. The Mindway Entities do not warrant that the Resources or any party thereof, or any materials or any Content offered through the Resources, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of the foregoing will be corrected. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
16.3. You understand and agree that you use the Resources and use, access, download or otherwise obtain Content through the Resources, at your own discretion and risk, and you will be solely responsible for any damage to your property, including your computer system used in connection with the Resources, or loss of data that reslts from the use of resources or the download or use of any Games or Content.
17. Limitation of Liability
17.1. In no event will the Mindway Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses or cost of procuring substitute goods or resources) arising out of or relating to your access to or use of, or your inability to access or use, the resources or any games, materials or content on or through the resources, whether based on warranty, contract, tort (including negligence), statute or any other legal theory and whether or not the Mindway Entities have been informed of the possibility of such damage.
17.2. You agree that the aggregate liability of the Mindway Entities to you for any and all claims arising out of relating to the use of or any inability to use the resources (including any games, materials or content available through the resources) or otherwise under this EULA, whether in contract, tort, or otherwise, is limited to the greater of (i) the amounts you have paid to Mindway in the 3 (three) months prior to the claim for access to and use of the specific resources or game from which the claim arose or (ii) $100.
17.3. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. accordingly, the above limitation may not apply to you.
17.4. Each provision of this EULA that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this EULA between the parties. this allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this EULA. The limitations in this paragraph will apply even if any limited remedy fails of its essential purpose.
18. Governing Law and jurisdiction
18.1. This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by laws of the State of Utah, Salt Lake County, USA, without regard to the conflict of laws principles thereof. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Mindway agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Salk Lake County, Utah, USA for the purpose of litigating all such disputes.
19. Dispute Resolution and Arbitration
19.1. In the interest of resolving disputes between you and Mindway in the most expedient and cost effective manner, you and Mindway agree that any and all disputes arising in connection with this EULA shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can generally award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, any and all claims, whether past, present or future, arising out of or relating to any aspect of this EULA or any other services, programs, marketing, advertising solicitations or conduct relating to our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. You understand and agree that, by entering into this EULA, you and Mindway are each waiving the right to a trial by jury or to participate in a class action.
19.2. Notwithstanding Subsection 19.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to:
19.2.1. bring an individual action in small claims court;
19.2.2. pursue enforcement actions through applicable federal, state, or local authorities charged by law with the enforcement of such actions; or
19.2.3. to file suit in a court of law to address intellectual property infringement claims.
19.3. Any arbitration between you and Mindway will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, hereinafter the “AAA Rules”) of the American Arbitration Association (hereinafter the “AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org.
19.4. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (hereinafter the “Notice”). Mindway’s address for Notice is: Mindway Corporation, 215 S STATE ST, STE 1200, Salt Lake City, Utah, USA. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (hereinafter the “Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 (thirty) days after the Notice is received, you or Mindway may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Mindway shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Mindway shall pay you:
19.4.1. the amount awarded by the arbitrator, if any,
19.4.2. the last written settlement amount offered by Mindway in settlement of the dispute prior to the arbitrator’s award; or
19.4.3. $1,000.00 (one thousand), whichever is greater.
19.5. In the event that you commence arbitration in accordance with this EULA, Mindway will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000 (ten thousand), in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $50,000 (fifty thousand) or less, you may choose whether the arbitration will be conducted:
19.5.1. solely on the basis of documents submitted to the arbitrator;
19.5.2. through a non-appearance based telephonic hearing; or
19.5.3. by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
19.6. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Mindway for all money previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.7. You and Mindway agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceedings. Further, unless both you and Mindway agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.8. The Dispute Resolution and Arbitration provision set forth in this Section 25 is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (hereinafter the “FAA”), and not Federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration. The arbitrator is bound by the terms of the Dispute Resolution and Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and, subject to any appliable limits thereon, shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs.
19.9. In the event that Mindway makes any future change to this arbitration provision (other than a change to Mindway’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Mindway’s address for Notice, in which case your account with Mindway shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
19.10. If Subsection 19.8 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 25 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 19 shall govern any action arising out of or related to this EULA.
20. Copyright
20.1. “CyberDrive”, “Snake”, “Deep Scout”, “SIM”, “Mindway”, “GraviLink”, “MPL” and their respective logos are trademarks or registered trademarks of Mindway. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All Third party trademarks and service marks that appear in the Games are the property of their respective owner and all rights in them are reserved.
21. Term and Termination
21.1. This EULA shall come into effect upon its acceptance by you and remain in force until you or Mindway terminate(s) your Account. Termination of your Account shall constitute termination of this EULA.
21.2. You may terminate your account at any time via sending an e-mail to steam@mindway.com. If you terminate your Account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Resources incurred prior to termination. Upon any termination of your Account or the Resources, we may remove all Additional Features from that Account and you will not be entitled to any refunds or compensation.
21.3. The provisions of this EULA and any applicable Rules, which by their nature should survive termination of your use of the Resources, Account and this EULA, will survive.
21.4. Mindway reserves the right to investigate and prosecute any suspected breaches of this EULA of the Resources and/or Games. Mindway may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
22. Contacts
22.1. If you have any questions, complaints, or comments regarding this EULA, please contact us via sending an e-mail to steam@mindway.com. You acknowledge that the provision of support is at Mindway’s sole discretion and that we have no obligation to provide you with customer support of any kind. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
GAME RULES “SNAKE”
Additions to the End User License Agreement
Utah, Salt Lake The 6th of March
PLEASE READ THE FOLLOWING GAME RULES CAREFULLY. BY ACCESSING, USING, OR AVAILING YOURSELF OF THE SNAKE OR SERVICES OR RESOURCES IN ANY MANNER, OR USING, REGISTERING, DOWNLOADING, OR INSTALLING THE GAMES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING GAME RULES. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE WITH GAME RULES, YOU SHOULD NOT PROCEED WITH THE REGISTRATION PROCESS AND LEAVE OUR GAMES, SITES, RESOURCES IMMEDIATELY AND DO NOT ACCESS OR USE OUR GAMES, SITES, RESOURCES.
1. General Provisions
1.1. In order to register, players must be thirteen (13) years of age or older. All players are solely responsible for their behavior. Players are responsible for protecting their accounts from access by others, and are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site. It is highly discouraged for users to share accounts with others. In the case of an account that has been lost or hacked, please inform us.
1.2. If you are under 13 years of age or other minimum legal age where it differs under local legal requirements, please ask your parent or guardian to review and approve this EULA on your behalf. If you are under the aforesaid age, you must not use or access the Game without a parent or legal guardian supervising you.
1.3. The Mindway is not responsible for the behavior of any individual player, as well as for the content of his or her messages in all game chats and channels. Players are solely responsible for their behavior and the Fan Content.
1.4. Mindway reserves the right to evaluate each incident on a case by case basis. The action that may be taken may be more lenient or more severe than those listed under each category.
1.5. Mindway may suspend, terminate, modify, or delete accounts at any time for any reason or for no reason, with or without notice to the owner of the account. Accounts terminated by Mindway for any type of abuse, including without limitation a violation of these rules or the EULA, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these rules or rules. Players may cancel any account registered to themselves at any time by contacting us via sending an email to steam@mindway.com. Mindway may stop offering and/or supporting any service at any time.
1.6. Players who decide to be involved with the game acknowledge and agree to these and all other relevant rules and will abide by them regardless of the circumstances. In addition players also agree that these Rules will apply to anyone that is allowed to use their Mindway account. By allowing another user to use the account, the account owner is personally responsible for all the consequences (including termination of said account) which may result, if the above discussed person violates any of the listed rules at any time. The account owner will not be entitled to a refund of any currency or any form of credit.
2. Names, Avatars
2.1. Certain content for names, avatars have no place on the Games and/or Resources and/or Sites, due to their extremely offensive, annoying or inappropriate nature. The following list is only a summary, but it gives some idea of names, avatars which are not accepted with the Game environment:
2.1.1. that contain profanity, including its abbreviated form;
2.1.2. that contain insults, personal attacks, abuse or harassment;
2.1.3. that contain unprintable words or abbreviations, or which are unattractive and/or unreadable;
2.1.4. which either in whole or partly contain copyrighted or registered trade mark elements;
2.1.5. which have (in any way) racist or nationalistic implications which may create offense to a certain nation, ethnic, religious, racial or sexual minority group;
2.1.6. that contain an allusion of racial or national supremacy, as well as discriminative propaganda on any level;
2.1.7. which contain insults or derogatory comments based on race, nationality, religion, culture, mental stature, sex, or sexual preference;
2.1.8. which have an association with sexuality, pedophilia, sexual abuse; or have an offensive connection to the human body or bodily functions;
2.1.9. which contain nudity, sexually explicit material or content that is otherwise deemed inappropriate;
2.1.10. which contain excessive gore or violence, or are obscene/vulgar;
2.1.11. which make reference to addictive or illegal substances or their use, or any other illegal activities;
2.1.12. that contain Logotypes, symbols, emblems or figures connected in one way or another with organizations, that violate or were violating existing laws and rules;
2.1.13. anything that may provoke strong negative reaction/association or promote national/ethnic/religious hatred. (e.g., using different variations of Nazi symbolic, abridgments and signs [88, 14, 420, SS], or similar stylizing [such as, 55] as well as credentials, names and surnames of Nazi leaders.);
2.1.14. that contain reference to current mainstream religions that may create offense, i.e. names such as God, Jesus, Allah, etc.;
2.1.15. that are connected with negative historical or political personalities, first of all those who are judged by international courts for crimes against humanity, those that generally arouse feelings of suffering or disgust in the majority of people, as well as members of currently existing terrorist organizations;
2.1.16. that negatively portrays the projects staff, or administration;
2.1.17. which in any other manner violates the EULA or local laws, either implicitly or explicitly are prohibited (This also contains links to websites containing the above);
3. Important
3.1. Repeated violations any area of these Rules or the EULA, will often result in permanent suspension from the Game(s) and/or Resources and/or Sites.
3.2. This policy is not language-restrictive. Language that falls under this policy will always be subject to the repercussions listed, whether it is inappropriate in English or any other language.