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PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY.
This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Game”) currently provided or which will be provided by MOONTHUNDER LIMITED, a company organised and existing under the laws of Cyprus, or any one of its subsidiaries or affiliated companies (collectively referred to as “REBURN” or “we”, “our”, “us”).
This EULA sets out the basis on which REBURN makes the Game available to you (“User” or ”You”) and on which You may use it. REBURN’s Privacy Policy (“Privacy Policy”), which can be found at https://www.reburn.com/privacy, forms an integral part of this EULA. By installing or using the Game, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Game.
PLEASE NOTE: THIS EULA CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 13.4 THAT MAY AFFECT YOUR RIGHTS UNDER THIS EULA. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS APPELLATE REVIEW THAN IN COURT.
FURTHERMORE, THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.
By downloading, installing, or otherwise using the Game, You (A) acknowledge that You have read, understood, and unconditionally accepted the terms and conditions of this EULA; (B) acknowledge and agree that you have independently evaluated the desirability of using the Game and are not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represent and warrant that you are lawfully able to enter into contracts (e.g. You have reached the age of capacity provided by applicable law). If You are a minor, You shall become acquainted with this EULA with the help of your parents/legal guardians. REBURN recommends that parents or guardians monitor their children’s online activities.
REBURN reserves the right to change, modify, add, or delete articles in this EULA at any time, in accordance with the procedures described in Section 12.
1. LIMITED LICENSE
1.1 REBURN (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial, revocable and personal license to install and/or use the Game (in whole or in part) (the “License”), for such time until either You or REBURN terminates this EULA and for non-commercial purposes only. You must in no event use, nor allow others to use, the Game or this License for commercial purposes without obtaining a license to do so from us. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Game on certain hardware. THIS GAME IS LICENSED TO YOU, NOT SOLD.
1.2 As applicable, certain parts of the Game may use third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply.
1.3 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Game or any of its parts to any person or entity; (ii) reverse engineer, decompile, disassemble, adapt, reproduce, copy, translate or create derivate works of this Game in whole or in part; (iii) develop, distribute or host any server or software designed to interact with the Game; (iv) modify the Game or any portion thereof; (v) develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed alter the Game or in any way to provide a player with an advantage; (vi) exploit the Game, or any portion thereof, for any commercial purpose;(vii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for the Game(whether in an online multiplayer game or in a single player game over the internet or in local area network); (viii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Game and (ix) export or re-export this Game or any copy of adaptation in violation of any applicable laws or regulations.
1.4 While using the Game, you agree to comply with all applicable laws, rules, and regulations. You also agree to comply with certain rules of conduct that govern your use of the Game, which are not meant to be exhaustive and can be modified at any time by REBURN. In all cases, you may only use the Game according to the anticipated use of the Game. For example purposes, and without limiting REBURN’s rights to take action against You, You may not:
(i) create, use, share and/or publish by any means in relation to the Game any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
(ii) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Game, or its accessibility to other users, or the functioning of the partner networks of the Game, or attempt to do any of the above;
(iii) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Game, and/or organise, participate in or be involved in any way in an attack on REBURN’s servers and/or the Game and/or those of its service providers and partners;
(iv) create, supply, or use alternative methods of using the Game, for example, server emulators;
(v) transmitting or communicating any material or content which, in the sole and exclusive discretion of REBURN, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
(vi) harassing or threatening any other users in the Game;
(vii) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of REBURN’s personnel;
(viii) falsely claim to be an employee or representative of REBURN or its partners and/or agents;
(ix) falsely claim an endorsement in connection with the Game or with REBURN.
2. OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) and any and all copies thereof are owned by REBURN or its licensors. The Game is protected by national and international laws, copyright treaties and conventions, and other laws. The Game may contain certain licensed materials and, in that event, REBURN’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without REBURN’s prior permission and, if applicable, REBURN’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by REBURN.
This License confers no title or ownership in the Game and should not be construed as a sale of any rights in the Game.
You acknowledge and agree that, other than license granted to you by this EULA, You shall have no ownership or property interest in the Game, including, without limitation, any in game assets or currency, and you further acknowledge and agree that to the fullest extent permitted by applicable law all rights in and to such Game and in game assets or currency are and shall forever be owned by and inure to the benefit of REBURN.
3. FAN-CONTENT LICENSE
3.1 Subject to your continued compliance with this EULA, REBURN grants you a non-exclusive, worldwide, royalty-free, revocable, non-transferable license to:
(i) capture gameplay footage, screenshots, or still images directly from the Game;
(ii) create derivative, non-commercial fan content such as highlight reels, long-form play-throughs, tutorials, memes, and fan art; and
(iii) publish, livestream, and monetise that fan content on user-generated-content platforms (for example, YouTube, Twitch, TikTok, Kick) by means of platform ad-share, tips, paid subscriptions, or similar revenue features.
3.2 The license in Section 3.1 applies only if you:
(i) do not extract or distribute the Game’s standalone assets (models, textures, audio, code) outside the captured footage or artwork;
(ii) comply with all third-party intellectual-property rights (e.g., licensed music playing in the background);
(iii) do not falsely imply endorsement, sponsorship or an official partnership with us; and
(iv) comply with all applicable laws, platform policies, and this EULA.
3.3 This license in Section 3.1 does not permit you to:
(i) sell, license, or distribute raw Game assets or soundtrack as stand-alone files;
(ii) sell physical or digital merchandise (T-shirts, posters, NFTs, in-game items, etc.) featuring the Game’s art, logo, or characters without our prior written consent;
(iii) use the Game’s trademarks, title, or key art in your channel or product name in a manner that could confuse consumers as to the official origin;
(iv) create or distribute content that is defamatory, hateful, unlawful, pornographic, or otherwise violates this EULA.
3.4 If you incorporate third-party elements (music tracks, software mods, clip art, etc.), you are solely responsible for securing any licenes required from the relevant right-holders.
3.5 REBURN may request removal, de-monetisation, or alteration of any fan content at any time, for any reason, including but not limited to legal risk or brand protection. You agree to comply promptly with any written takedown or modification notice from REBURN.
3.6 Fan content is created at your own risk. REBURN offers no guarantee that platforms will allow monetisation, that automated content-ID systems will not mismatch, or that third-party claims will not arise.
4. IN-GAME ASSETS AND IN-GAME CURRENCY
4.1 Within the Game, the User acknowledges that REBURN may provide the User with the opportunity to acquire additional in-game assets and/or in-game currency, in accordance with the rules outlined herein.
4.2 The in-game currency is not a means of payment and serves the sole purpose as a means of exchange for in-game assets. As a general rule, the in-game currency cannot be exchanged for cash or other valuables, except for the in-game assets during the usual course of the Game. Any unused in-game currency cannot be converted back into cash under any circumstances.
4.3 The User may be provided with the opportunity to acquire for cash a limited, personal, non-transferable, non-sublicensable, revocable license to use the in-game assets and/or the in-game currency exclusively from REBURN and/or its authorised partners by using one of the approved payment methods.
4.4 The User hereby acknowledges and agrees that due to circumstances beyond the control of REBURN, there may be delays in receiving payment information from the payment processing systems regarding the User’s in-game purchases.
4.5 REBURN does not guarantee, that (i) in-game assets that the User wants will be available at the time the in-game currency is credited to his/her account, (ii)the User will be able to use the in-game assets for an indefinite or desired period, (iii) the User will be able to exchange the in-game currency for any or specific in-game assets, (iv) the characteristics or the intended use of the in-game assets will remain unchanged for the duration of the operation of the Game or will meet the User’s expectations or preferences.
4.6 REBURN shall not be liable for the User’s loss of in-game assets and/or in-game currency during the game process obtained as a result of participation in the Game.
4.7 If the User is a child under the applicable laws, he/she may acquire additional in-game assets and/or in-game currency within some Games only with the parental consent. REBURN may, from time to time, request parental consent confirmation. If REBURN reveals that either parental consent was not given by the parent/ legal guardian of the User, or in case of failure of the User to provide the parental consent confirmation, REBURN may withdraw in-game assets and in-game currency, as well as apply other sanctions provided in this EULA.
5. RIGHT OF WITHDRAWAL
5.1 All fees payable for the Game, the in-game assets, and/or the in-game currency are non-refundable, except as expressly set forth in accordance with the rules of third-party platforms (e.g., Steam) and applicable law. All in-game sales are final. The Game, the in-game assets, and/or the in-game currency are not subject to return or exchange unless it is otherwise provided for herein. By purchasing the Game, the in-game assets and/or the in-game currency, as well as exchanging the in-game currency for the in-game assets, the User understands and agrees that (i) the User’s access to the Game may be terminated according to this EULA, and/or (ii) the Game may be discontinued at any time for any reason, and that such events do not give rise to the User’s right to receive a refund of any sums paid for any used or unused Game, the in-game assets and/or the in-game currency. In addition, the charges and purchases are not refundable in the event that the User is dissatisfied with the Game.
5.2 The transfer of the in-game assets and/or the in-game currency is prohibited except where expressly authorised in the Game. Other than as expressly authorized in the Game, the User shall not sublicense, sell, redeem or otherwise transfer or attempt to transfer the in-game assets and/or the in-game currency to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of the Users’ right to access the Game.
6. CONSENT TO MONITOR
When You are using the Game, the Game may monitor Your hardware random access memory (RAM) for unauthorized third-party programs that interact with the Game. In the event that the Game detects such an unauthorized third party program, information may be communicated back to REBURN, including the name of your account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Game detects the use of an unauthorized third-party program, this License and Your access to the Game may be terminated with or without additional notice to You.
However, please note that REBURN is not responsible for and does not endorse the opinions, advice, and/or recommendations displayed or sent by you in the Game, including in the chats. Such communications are the sole responsibility of the user in question.
7. UPDATES, ONLINE SERVER SUPPORT, AND GAME AVAILABILITY
7.1 This EULA will apply to all Game updates, including all downloadable content. REBURN may modify the Game at any time for any reason, by automatic update or otherwise. If the Game uses online servers, REBURN makes no commitment to continue making those servers available and may terminate online features at any time.
7.2 Some features of the Game may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of the Game.
8. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. REBURN WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY, USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
REBURN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
REBURN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. REBURN DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR THE GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. REBURN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. REBURN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, REBURN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. REBURN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
REBURN WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE REBURN’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. REBURN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. REBURN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL REBURN, REBURN’S LICENSORS, CHANNEL PARTNERS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE GAME OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH REBURN OR ITS LICENSORS, CHANNEL PARTNERS, AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE GAME; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. IN NO EVENT REBURN, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO REBURN FOR THE GAME DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 9 SHALL AFFECT REBURN’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM REBURN’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 9, REBURN’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
10. INDEMNITY
You are solely responsible for any damage caused to REBURN, its licensors, channel partners, and associated service providers and subcontractors, other users of the Game, or any other individual or legal entity as a result of your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED REBURN AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE GAME. REBURN reserves the right to take sole responsibility, at its own expense, for conducting the defence of any claim for which You agreed to indemnify REBURN. The provisions of this Section 10 shall remain in force after termination of this EULA.
11. TERMINATION
The EULA is effective from the earlier of the date of your purchase, download, or use of the Game, until terminated according to its terms. You and REBURN (or its licensors) may terminate this EULA at any time for any reason. Termination by REBURN will be effective upon (a) notice to You or (b) at the time of REBURN’s decision to discontinue offering and/or supporting the Game. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Game and destroy all copies of the Game in Your possession.
You acknowledge and agree that if this EULA is terminated, the license granted to you under this EULA, including the license under Sections 1 and 3, shall immediately terminate.
12. CHANGES TO THIS EULA OR TO THE GAME
REBURN reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Game’s Steam store page. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 11 and must immediately uninstall the Game and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
REBURN may modify the Game for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations, and/or resets to improve and/or optimize the Game. You agree that the Game may install or download the modifications automatically. You agree that REBURN may stop supporting previous versions of the Game upon availability of an updated version. REBURN’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Game.
13. GOVERNING LAW AND DISPUTES
13.1 Informal negotiation
If a dispute arises between You and Us, you agree to first provide Us with notice of Your complaint via email legal@reburn.com so that the parties may attempt to resolve the dispute informally within thirty (30) days from the date your complaint is received.
13.2 Residents of AU, CH, EEA, UK – Governing Law and Jurisdiction
If you are habitually resident in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, this EULA is governed by the laws of Cyprus, without prejudice to any mandatory consumer protection laws in your country of residence. You may bring proceedings in the courts of your habitual residence or in Cyprus.
EU/UK ADR notice: You may access the EU Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr. In the United Kingdom, you may also refer a dispute to the Centre for Effective Dispute Resolution (https://www.cedr.com). Participation is voluntary and does not limit your right to litigate in court.
13.3 Residents of the United States & other — Governing Law and Jurisdiction
If you are habitually resident in the United States or any territory other than Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, this EULA shall be governed by, and construed under, the laws of the State of California without regard to conflict of law rules. You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
13.4 Residents of the United States & other — Binding Arbitration & Class Action Waiver
THIS SECTION 13.4 OF THE EULA SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT” AND IT APPLIES TO YOU IF YOU ARE HABITUALLY RESIDENT IN THE UNITED STATES OR ANY TERRITORY OTHER THAN AUSTRALIA, SWITZERLAND, THE UNITED KINGDOM, OR ANY TERRITORY IN THE EUROPEAN ECONOMIC AREA.
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, IN PARTICULAR:
(i) All claims must be resolved through binding arbitration by a neutral arbitrator;
(ii) You are waiving the right to a trial by jury; the rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist;
(iii) You may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding;
(iv) The arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
Applicability of Arbitration Agreement. This Arbitration Agreement governs any dispute between you and REBURN (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and REBURN, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this EULA or any prior agreement; and claims that may arise after the termination of this EULA (“Dispute”), except claims that can be brought in small claims court if your claims qualify within the scope of that court's jurisdiction.
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you opt out of this arbitration and class action waiver provisions by sending electronic notice of your decision to opt-out to legal@reburn.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within 30 days of (a) the effective date of this EULA; or (b) your first date that you used the Game that contained any versions of the EULA that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. If you opt out of this Arbitration Agreement, REBURN also will not be bound by it, and any Dispute shall be resolved in accordance with Section 13.3. If you don’t exercise the right to opt-out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except claims that can be brought in small claims court.
The relevant arbitrator shall have sole authority to determine the applicability, existence, validity, and termination of the arbitration agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
Initial Dispute Resolution. We are always interested in resolving disputes amicably and efficiently. The parties, therefore, agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you have any dispute with REBURN, you agree that before taking any formal action, you will contact us at legal@reburn.com and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with REBURN, and good faith negotiations will be a condition to either party initiating an arbitration. Engaging in an informal dispute resolution is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before the completion of an informal dispute resolution. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Mandatory Arbitration. If you and REBURN cannot resolve a dispute informally, you or REBURN may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and REBURN may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Waiver of Class Action and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS OF THE SERVICES, OR ANY OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. 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. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES.
Arbitration Agreement Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Arbitration Agreement. This Arbitration Agreement shall survive the termination of Your relationship with REBURN.
14. MISCELLANEOUS.
14.1 Export Controls. The Game is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Game and Your use of the Game. The Game may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
14.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect REBURN’s initial intentions.
14.3 No Waiver. No failure or delay by REBURN (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by REBURN or by the User.
This End User License Agreement (“EULA”) governs your use of the videogame, application, software, their associated upgrades, patches, and updates and related services (the “Game”) currently provided or which will be provided by MOONTHUNDER LIMITED, a company organised and existing under the laws of Cyprus, or any one of its subsidiaries or affiliated companies (collectively referred to as “REBURN” or “we”, “our”, “us”).
This EULA sets out the basis on which REBURN makes the Game available to you (“User” or ”You”) and on which You may use it. REBURN’s Privacy Policy (“Privacy Policy”), which can be found at https://www.reburn.com/privacy, forms an integral part of this EULA. By installing or using the Game, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Game.
PLEASE NOTE: THIS EULA CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 13.4 THAT MAY AFFECT YOUR RIGHTS UNDER THIS EULA. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS APPELLATE REVIEW THAN IN COURT.
FURTHERMORE, THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.
By downloading, installing, or otherwise using the Game, You (A) acknowledge that You have read, understood, and unconditionally accepted the terms and conditions of this EULA; (B) acknowledge and agree that you have independently evaluated the desirability of using the Game and are not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represent and warrant that you are lawfully able to enter into contracts (e.g. You have reached the age of capacity provided by applicable law). If You are a minor, You shall become acquainted with this EULA with the help of your parents/legal guardians. REBURN recommends that parents or guardians monitor their children’s online activities.
REBURN reserves the right to change, modify, add, or delete articles in this EULA at any time, in accordance with the procedures described in Section 12.
1. LIMITED LICENSE
1.1 REBURN (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial, revocable and personal license to install and/or use the Game (in whole or in part) (the “License”), for such time until either You or REBURN terminates this EULA and for non-commercial purposes only. You must in no event use, nor allow others to use, the Game or this License for commercial purposes without obtaining a license to do so from us. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Game on certain hardware. THIS GAME IS LICENSED TO YOU, NOT SOLD.
1.2 As applicable, certain parts of the Game may use third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply.
1.3 You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Game or any of its parts to any person or entity; (ii) reverse engineer, decompile, disassemble, adapt, reproduce, copy, translate or create derivate works of this Game in whole or in part; (iii) develop, distribute or host any server or software designed to interact with the Game; (iv) modify the Game or any portion thereof; (v) develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed alter the Game or in any way to provide a player with an advantage; (vi) exploit the Game, or any portion thereof, for any commercial purpose;(vii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for the Game(whether in an online multiplayer game or in a single player game over the internet or in local area network); (viii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Game and (ix) export or re-export this Game or any copy of adaptation in violation of any applicable laws or regulations.
1.4 While using the Game, you agree to comply with all applicable laws, rules, and regulations. You also agree to comply with certain rules of conduct that govern your use of the Game, which are not meant to be exhaustive and can be modified at any time by REBURN. In all cases, you may only use the Game according to the anticipated use of the Game. For example purposes, and without limiting REBURN’s rights to take action against You, You may not:
(i) create, use, share and/or publish by any means in relation to the Game any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
(ii) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Game, or its accessibility to other users, or the functioning of the partner networks of the Game, or attempt to do any of the above;
(iii) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Game, and/or organise, participate in or be involved in any way in an attack on REBURN’s servers and/or the Game and/or those of its service providers and partners;
(iv) create, supply, or use alternative methods of using the Game, for example, server emulators;
(v) transmitting or communicating any material or content which, in the sole and exclusive discretion of REBURN, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
(vi) harassing or threatening any other users in the Game;
(vii) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of REBURN’s personnel;
(viii) falsely claim to be an employee or representative of REBURN or its partners and/or agents;
(ix) falsely claim an endorsement in connection with the Game or with REBURN.
2. OWNERSHIP
All title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) and any and all copies thereof are owned by REBURN or its licensors. The Game is protected by national and international laws, copyright treaties and conventions, and other laws. The Game may contain certain licensed materials and, in that event, REBURN’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without REBURN’s prior permission and, if applicable, REBURN’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by REBURN.
This License confers no title or ownership in the Game and should not be construed as a sale of any rights in the Game.
You acknowledge and agree that, other than license granted to you by this EULA, You shall have no ownership or property interest in the Game, including, without limitation, any in game assets or currency, and you further acknowledge and agree that to the fullest extent permitted by applicable law all rights in and to such Game and in game assets or currency are and shall forever be owned by and inure to the benefit of REBURN.
3. FAN-CONTENT LICENSE
3.1 Subject to your continued compliance with this EULA, REBURN grants you a non-exclusive, worldwide, royalty-free, revocable, non-transferable license to:
(i) capture gameplay footage, screenshots, or still images directly from the Game;
(ii) create derivative, non-commercial fan content such as highlight reels, long-form play-throughs, tutorials, memes, and fan art; and
(iii) publish, livestream, and monetise that fan content on user-generated-content platforms (for example, YouTube, Twitch, TikTok, Kick) by means of platform ad-share, tips, paid subscriptions, or similar revenue features.
3.2 The license in Section 3.1 applies only if you:
(i) do not extract or distribute the Game’s standalone assets (models, textures, audio, code) outside the captured footage or artwork;
(ii) comply with all third-party intellectual-property rights (e.g., licensed music playing in the background);
(iii) do not falsely imply endorsement, sponsorship or an official partnership with us; and
(iv) comply with all applicable laws, platform policies, and this EULA.
3.3 This license in Section 3.1 does not permit you to:
(i) sell, license, or distribute raw Game assets or soundtrack as stand-alone files;
(ii) sell physical or digital merchandise (T-shirts, posters, NFTs, in-game items, etc.) featuring the Game’s art, logo, or characters without our prior written consent;
(iii) use the Game’s trademarks, title, or key art in your channel or product name in a manner that could confuse consumers as to the official origin;
(iv) create or distribute content that is defamatory, hateful, unlawful, pornographic, or otherwise violates this EULA.
3.4 If you incorporate third-party elements (music tracks, software mods, clip art, etc.), you are solely responsible for securing any licenes required from the relevant right-holders.
3.5 REBURN may request removal, de-monetisation, or alteration of any fan content at any time, for any reason, including but not limited to legal risk or brand protection. You agree to comply promptly with any written takedown or modification notice from REBURN.
3.6 Fan content is created at your own risk. REBURN offers no guarantee that platforms will allow monetisation, that automated content-ID systems will not mismatch, or that third-party claims will not arise.
4. IN-GAME ASSETS AND IN-GAME CURRENCY
4.1 Within the Game, the User acknowledges that REBURN may provide the User with the opportunity to acquire additional in-game assets and/or in-game currency, in accordance with the rules outlined herein.
4.2 The in-game currency is not a means of payment and serves the sole purpose as a means of exchange for in-game assets. As a general rule, the in-game currency cannot be exchanged for cash or other valuables, except for the in-game assets during the usual course of the Game. Any unused in-game currency cannot be converted back into cash under any circumstances.
4.3 The User may be provided with the opportunity to acquire for cash a limited, personal, non-transferable, non-sublicensable, revocable license to use the in-game assets and/or the in-game currency exclusively from REBURN and/or its authorised partners by using one of the approved payment methods.
4.4 The User hereby acknowledges and agrees that due to circumstances beyond the control of REBURN, there may be delays in receiving payment information from the payment processing systems regarding the User’s in-game purchases.
4.5 REBURN does not guarantee, that (i) in-game assets that the User wants will be available at the time the in-game currency is credited to his/her account, (ii)the User will be able to use the in-game assets for an indefinite or desired period, (iii) the User will be able to exchange the in-game currency for any or specific in-game assets, (iv) the characteristics or the intended use of the in-game assets will remain unchanged for the duration of the operation of the Game or will meet the User’s expectations or preferences.
4.6 REBURN shall not be liable for the User’s loss of in-game assets and/or in-game currency during the game process obtained as a result of participation in the Game.
4.7 If the User is a child under the applicable laws, he/she may acquire additional in-game assets and/or in-game currency within some Games only with the parental consent. REBURN may, from time to time, request parental consent confirmation. If REBURN reveals that either parental consent was not given by the parent/ legal guardian of the User, or in case of failure of the User to provide the parental consent confirmation, REBURN may withdraw in-game assets and in-game currency, as well as apply other sanctions provided in this EULA.
5. RIGHT OF WITHDRAWAL
5.1 All fees payable for the Game, the in-game assets, and/or the in-game currency are non-refundable, except as expressly set forth in accordance with the rules of third-party platforms (e.g., Steam) and applicable law. All in-game sales are final. The Game, the in-game assets, and/or the in-game currency are not subject to return or exchange unless it is otherwise provided for herein. By purchasing the Game, the in-game assets and/or the in-game currency, as well as exchanging the in-game currency for the in-game assets, the User understands and agrees that (i) the User’s access to the Game may be terminated according to this EULA, and/or (ii) the Game may be discontinued at any time for any reason, and that such events do not give rise to the User’s right to receive a refund of any sums paid for any used or unused Game, the in-game assets and/or the in-game currency. In addition, the charges and purchases are not refundable in the event that the User is dissatisfied with the Game.
5.2 The transfer of the in-game assets and/or the in-game currency is prohibited except where expressly authorised in the Game. Other than as expressly authorized in the Game, the User shall not sublicense, sell, redeem or otherwise transfer or attempt to transfer the in-game assets and/or the in-game currency to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of the Users’ right to access the Game.
6. CONSENT TO MONITOR
When You are using the Game, the Game may monitor Your hardware random access memory (RAM) for unauthorized third-party programs that interact with the Game. In the event that the Game detects such an unauthorized third party program, information may be communicated back to REBURN, including the name of your account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Game detects the use of an unauthorized third-party program, this License and Your access to the Game may be terminated with or without additional notice to You.
However, please note that REBURN is not responsible for and does not endorse the opinions, advice, and/or recommendations displayed or sent by you in the Game, including in the chats. Such communications are the sole responsibility of the user in question.
7. UPDATES, ONLINE SERVER SUPPORT, AND GAME AVAILABILITY
7.1 This EULA will apply to all Game updates, including all downloadable content. REBURN may modify the Game at any time for any reason, by automatic update or otherwise. If the Game uses online servers, REBURN makes no commitment to continue making those servers available and may terminate online features at any time.
7.2 Some features of the Game may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of the Game.
8. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. REBURN WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY, USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
REBURN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
REBURN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. REBURN DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR THE GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. REBURN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. REBURN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, REBURN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. REBURN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
REBURN WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE REBURN’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. REBURN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. REBURN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL REBURN, REBURN’S LICENSORS, CHANNEL PARTNERS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE GAME OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH REBURN OR ITS LICENSORS, CHANNEL PARTNERS, AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE GAME; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. IN NO EVENT REBURN, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO REBURN FOR THE GAME DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION 9 SHALL AFFECT REBURN’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM REBURN’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION 9, REBURN’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
10. INDEMNITY
You are solely responsible for any damage caused to REBURN, its licensors, channel partners, and associated service providers and subcontractors, other users of the Game, or any other individual or legal entity as a result of your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED REBURN AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE GAME. REBURN reserves the right to take sole responsibility, at its own expense, for conducting the defence of any claim for which You agreed to indemnify REBURN. The provisions of this Section 10 shall remain in force after termination of this EULA.
11. TERMINATION
The EULA is effective from the earlier of the date of your purchase, download, or use of the Game, until terminated according to its terms. You and REBURN (or its licensors) may terminate this EULA at any time for any reason. Termination by REBURN will be effective upon (a) notice to You or (b) at the time of REBURN’s decision to discontinue offering and/or supporting the Game. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Game and destroy all copies of the Game in Your possession.
You acknowledge and agree that if this EULA is terminated, the license granted to you under this EULA, including the license under Sections 1 and 3, shall immediately terminate.
12. CHANGES TO THIS EULA OR TO THE GAME
REBURN reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Game’s Steam store page. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 11 and must immediately uninstall the Game and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
REBURN may modify the Game for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations, and/or resets to improve and/or optimize the Game. You agree that the Game may install or download the modifications automatically. You agree that REBURN may stop supporting previous versions of the Game upon availability of an updated version. REBURN’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Game.
13. GOVERNING LAW AND DISPUTES
13.1 Informal negotiation
If a dispute arises between You and Us, you agree to first provide Us with notice of Your complaint via email legal@reburn.com so that the parties may attempt to resolve the dispute informally within thirty (30) days from the date your complaint is received.
13.2 Residents of AU, CH, EEA, UK – Governing Law and Jurisdiction
If you are habitually resident in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, this EULA is governed by the laws of Cyprus, without prejudice to any mandatory consumer protection laws in your country of residence. You may bring proceedings in the courts of your habitual residence or in Cyprus.
EU/UK ADR notice: You may access the EU Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr. In the United Kingdom, you may also refer a dispute to the Centre for Effective Dispute Resolution (https://www.cedr.com). Participation is voluntary and does not limit your right to litigate in court.
13.3 Residents of the United States & other — Governing Law and Jurisdiction
If you are habitually resident in the United States or any territory other than Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, this EULA shall be governed by, and construed under, the laws of the State of California without regard to conflict of law rules. You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be the federal or state courts that govern San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
13.4 Residents of the United States & other — Binding Arbitration & Class Action Waiver
THIS SECTION 13.4 OF THE EULA SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT” AND IT APPLIES TO YOU IF YOU ARE HABITUALLY RESIDENT IN THE UNITED STATES OR ANY TERRITORY OTHER THAN AUSTRALIA, SWITZERLAND, THE UNITED KINGDOM, OR ANY TERRITORY IN THE EUROPEAN ECONOMIC AREA.
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, IN PARTICULAR:
(i) All claims must be resolved through binding arbitration by a neutral arbitrator;
(ii) You are waiving the right to a trial by jury; the rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist;
(iii) You may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding;
(iv) The arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
Applicability of Arbitration Agreement. This Arbitration Agreement governs any dispute between you and REBURN (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and REBURN, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this EULA or any prior agreement; and claims that may arise after the termination of this EULA (“Dispute”), except claims that can be brought in small claims court if your claims qualify within the scope of that court's jurisdiction.
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you opt out of this arbitration and class action waiver provisions by sending electronic notice of your decision to opt-out to legal@reburn.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within 30 days of (a) the effective date of this EULA; or (b) your first date that you used the Game that contained any versions of the EULA that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. If you opt out of this Arbitration Agreement, REBURN also will not be bound by it, and any Dispute shall be resolved in accordance with Section 13.3. If you don’t exercise the right to opt-out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except claims that can be brought in small claims court.
The relevant arbitrator shall have sole authority to determine the applicability, existence, validity, and termination of the arbitration agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
Initial Dispute Resolution. We are always interested in resolving disputes amicably and efficiently. The parties, therefore, agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you have any dispute with REBURN, you agree that before taking any formal action, you will contact us at legal@reburn.com and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with REBURN, and good faith negotiations will be a condition to either party initiating an arbitration. Engaging in an informal dispute resolution is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before the completion of an informal dispute resolution. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Mandatory Arbitration. If you and REBURN cannot resolve a dispute informally, you or REBURN may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and REBURN may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Waiver of Class Action and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS OF THE SERVICES, OR ANY OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. 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. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES.
Arbitration Agreement Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Arbitration Agreement. This Arbitration Agreement shall survive the termination of Your relationship with REBURN.
14. MISCELLANEOUS.
14.1 Export Controls. The Game is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Game and Your use of the Game. The Game may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
14.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect REBURN’s initial intentions.
14.3 No Waiver. No failure or delay by REBURN (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by REBURN or by the User.