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END USER LICENSE AGREEMENT
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
QUByte Interactive through the present contract provides you with game software (the "Game") for use with the online component of the Game (a "Game Server"). Together, the Game and a Game Server make up the Game. This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game, while the Terms of Service (the "TOS"), governs your use of the Game Server. By installing or using the Game, you agree to be bound by the terms of this Agreement and the TOS.
1. Limited License. The Game is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, QUByte Interactive hereby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to (a) download and install the Game onto a "System" owned by you, and (b) use the Game in conjunction with a Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of QUByte Interactive's intellectual property rights:
a. You may not sell, license or transfer the Game, or any reproductions or modifications thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by QUByte Interactive;
c. You may not modify the Game or any portion thereof;
d. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
e. You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to a Game Server except by using an authorized, unmodified Game through a QUByte Interactive authorized third party computer service as set forth herein; or
h. You may not use the Game to connect to any server or service other than a Game Server through a QUByte Interactive authorized third party service.
The license granted herein confers no title or ownership in the Game (including without limitation the Game) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, music, etc.) are owned by QUByte Interactive or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Games under your custody or control.
3. Ownership. You agree that, between you and QUByte Interactive, QUByte Interactive owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the United States, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor. When the Game is running, QUByte Interactive may monitor your System for uses that violate the Limited License Section. You hereby grant QUByte Interactive permission to monitor your System for purposes of identifying such use and communicating potential violations to QUByte Interactive. QUByte Interactive, its affiliates and its contractors are under no obligation to monitor your System.
5. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IF ANY SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION, THEN SUCH WARRANTIES APPLICABLE TO THIS GAME SHALL BE LIMITED TO THE 90 DAY PERIOD DESCRIBED ABOVE.
6. LIMITATION OF LIABILITY.
a. Neither you, QUByte Interactive, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with this EULA, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
b. Nothing in this EULA will exclude or limit either party's liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.
7. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QUBYTE INTERACTIVE, ITS DIRECTORS, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO ANY BREACH BY YOU OF THE LIMITED LICENSE SECTION.
8. Changes to Agreement and Game. QUByte Interactive may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA. QUByte Interactive may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
9. Patches and Updates. QUByte Interactive may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game installed on your System. Updates are not optional. You agree that QUByte Interactive may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for QUByte Interactive to download and apply such Updates.
10. Remedies. You acknowledge that QUByte Interactive may suffer irreparable damage if you breach any of the provisions governing ownership, the licence granted or licence limitations. In the event of such a breach, QUByte Interactive shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.
11. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
12. Dispute Resolution and Governing Law.
a. The construction, validity and performance of this EULA and all non-contractual obligations arising from or connected with this EULA, shall be governed by the law of the jurisdiction of your habitual residence.
b. Any action or proceeding brought to adjudicate any dispute related to this EULA or the Service shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction of your habitual residence (unless otherwise agreed in writing by both parties).
c. Severability. You and QUByte Interactive agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
13. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between QUByte Interactive and you. QUByte Interactive would not be able to provide the Game (including without limitation the Game) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of QUByte Interactive's licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of QUByte Interactive. You may not assign this Agreement, in whole or in part, without QUByte Interactive's prior written consent and any attempted assignment in violation of this provision shall be null and void. QUByte Interactive may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and QUByte Interactive with respect to the Game and supersedes all prior agreements between you and QUByte Interactive pertaining to the Game. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate equipment and Internet connections, at your sole risk and expense.
14. Customer Support. In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the QUByte Interactive Support Team by email at support@qubyteinteractive.com.
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TERMS OF SERVICE
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
QUByte Interactive, through this contract, grants you access to the online service (a "Game Server") for use with an authorized, unmodified copy of game software (the "Game"). Together, the Game Server and the Game make up the Game experience. These Terms of Service (the "TOS" or "Agreement") govern your use of the Game Server, while the End User License Agreement (the "EULA"), incorporated herein by reference, governs your use of the Game. By connecting to or using a Game Server, you agree to be bound by the terms of this Agreement and the EULA.
1. Grant of a Limited License to Use a Game Server
Subject to your agreement and continued compliance with this Agreement and all applicable guidelines, you may use a Game Server solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified copy of the Game. You may not use or access a Game Server for any other purpose or in connection with any other software. Any use outside the express scope of this license constitutes a violation of QUByte Interactive's copyrights. The license granted herein confers no title or ownership in the Game (including the Game Server) and should not be construed as a sale of any rights to the Game. The license is non-transferable, and any attempted transfer in violation of this provision shall be null and void. All rights, titles, and interests in the Game and all copies thereof (including, without limitation, titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by QUByte Interactive or its licensors.
2. Changes to Agreement and Game
QUByte Interactive may update this Agreement at its sole discretion, and you may be asked to review and agree to the revised version of the TOS once it becomes effective. If you do not agree to a revised TOS, you will not be permitted to continue playing the Game through the Game Server. If at any time you are no longer able to comply with the current TOS, you must terminate this Agreement and immediately stop accessing the Game Server.
QUByte Interactive may change, modify, suspend, or discontinue any aspect of the Game at any time. The company may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
3. Ownership
You understand and agree that the Game is owned by QUByte Interactive and/or its affiliates and licensors. You further agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game, including, without limitation, any in-game items or currency. You may not purchase, sell, or trade any in-game items or currency (if any) for anything of real-world value without express written permission from QUByte Interactive. Any attempt to do so without prior consent is null and void.
4. Account Suspension/Deletion
QUByte Interactive MAY SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCESS TO THE GAME SERVER AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
5. Financial Transactions
You acknowledge and agree that all transactions will be handled through the platform hosting your system and will be conducted pursuant to that entity’s Terms of Use, Policies, and Guidelines. You agree that QUByte Interactive may share your information as described in the Privacy Policy section, which may include, without limitation, information about your financial accounts with third parties as necessary.
6. Remedies
You acknowledge that QUByte Interactive may suffer irreparable damage if you breach any provisions governing ownership, the granted license, or license limitations. Therefore, if you breach these provisions, in addition to damages and reasonable attorneys' fees, QUByte Interactive shall be entitled to seek injunctive relief and specific performance of these provisions in any court of competent jurisdiction.
7. DISCLAIMER OF WARRANTIES
THE GAME SERVERS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL QUBYTE INTERACTIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO THE GAME AND/OR GAME SERVER OR ANY USE THEREOF, INCLUDING LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, OR THIRD-PARTY CLAIMS. IN NO EVENT SHALL QUBYTE INTERACTIVE OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. QUByte Interactive's aggregate liability shall not exceed the total fees paid by you for the Game.
9. Indemnification
You agree to defend, indemnify, and hold harmless QUByte Interactive, its affiliates, licensors, and contractors from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Game and/or Game Server.
10. Patches and Updates
QUByte Interactive may apply patches, updates, and modifications ("Updates") to the Game at any time, which may change gameplay.
11. Termination
This Agreement is effective until terminated. You may terminate by uninstalling the Game. Termination or breach forfeits your rights to any purchases or payments made related to the Game. No refunds will be provided for amounts paid prior to termination. QUByte Interactive may terminate this Agreement with or without notice by banning your Account. Provisions intended to survive termination, such as Ownership, Financial Transactions, Privacy Policy, Remedies, and others, shall survive.
12. Dispute Resolution
a. Informal Resolution
Disputes should first be addressed by notifying support@qubyteinteractive.com to attempt resolution within 60 days of receipt.
b. Applicable Law and Venue
These Terms are governed by Florida law. You consent to the exclusive jurisdiction of state and federal courts in Florida.
c. Arbitration Agreement
Except for class actions, small claims, or preliminary injunctions, disputes will be resolved by binding arbitration in Florida before a retired judge experienced in the subject matter. The arbitration will follow Florida law and be governed by the Federal Arbitration Act.
Class Action Waiver: Disputes must be brought individually, not as class actions. If this waiver is unenforceable, the class action must proceed in Florida courts.
13. Miscellaneous
These Terms, including disclaimers, limitations, and indemnities, form the basis of the agreement between you and QUByte Interactive. You are not an agent, employee, joint venturer, or partner of QUByte Interactive. Assignment of this Agreement requires written consent. Severability applies to unlawful provisions. This Agreement, including referenced documents, is the entire agreement. You must provide your own equipment and internet access at your risk. QUByte Interactive is not liable for failures caused by force majeure. Amendments require written consent from both parties.
14. Code of Conduct
You agree not to upload, post, or distribute content that:
promotes illegal activity;
harasses, threatens, or violates others’ rights;
is harmful, abusive, vulgar, obscene, defamatory, or offensive;
promotes commercial activity without authorization;
violates confidentiality or copyrights;
disguises its origin;
links to sites violating these rules;
attempts to collect passwords or private info.
You also agree not to:
interfere with the Game operation;
copy, reproduce, distribute, or modify the Game without authorization;
use data mining tools, viruses, cheats, or hacking software;
use the Game commercially for spam or malicious communication;
reverse engineer the Game;
use unauthorized software tools or exploits;
disrupt other users’ gameplay;
falsify copyright information;
violate laws or promote illegal activities;
impersonate others;
engage in fraudulent or prohibited transactions.
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PRIVACY POLICY
This Privacy Policy explains what personal information QUByte Interactive ("we", "us", or "our") collect, use, share, and otherwise process about individuals (“you”) interacting with our GAMES.
Under the laws of some countries outside the European Economic Area, we may need your consent to our processing of your Information set forth in this Privacy Policy. Subject to any indications you may give us to the contrary, such as opting out or not opting in if asked, and where permitted by law, by providing Information or otherwise interacting with our GAMES, you consent to our use of Information in accordance with this Privacy Policy.
SCOPE OF THIS PRIVACY POLICY
Please read this policy carefully. It explains the types of Information we may collect about you, the purposes for and methods by which we collect it, and (where applicable) the lawful basis on which we do so, as well as information about data retention, your rights and how to contact us. This Privacy Policy covers both our online and offline data processing activities, including Information that we collect through our various GAMES.
Please note that we may combine Information that we collect via one source (e.g. in-game User ID) with Information we collect via another source (e.g. Platform Unique User ID), so please check carefully whether you are fully in accordance with the relevant terms and conditions presented in this document.
THE INFORMATION WE COLLECT
We collect, use, share and otherwise process the following categories of Information:
Information we may collect from you:
Platform-specific Unique User ID.
Platform-specific Friend List.
Platform-specific Block List.
Information about your location, including where it is derived from device information (such as an IP address or country code) or your device’s interactions with our Digital Services.
Technical/usage Information from your device, including the type of device and network attributes.
HOW WE USE THE INFORMATION
We may use Information for the purposes described in this Privacy Policy, or as otherwise disclosed at the time of collection. Below, we explain our various purposes, any processing activities that we believe may need further explanation and, where necessary, the ‘lawful basis’ on which we rely to process your Information.
Please note that while Information may be processed for more than one purpose, not all of the purposes or processing activities below will necessarily apply in every case. Our particular use of your Information will depend on the GAME and the manner in which you interact with us.
We may use your Information for the purpose of setting up your account with us, registering the GAME, or maintaining the GAME and resolving any issues, and optimizing the delivery of the GAME to each specific device used to access it.
In countries where our processing of Information requires a lawful basis, we rely upon the following:
Much of our processing, such as providing, and maintaining our GAMES, is necessary for entering into, or the performance of, the contract we have with you, including enabling customers to log-in to our Digital Services.
Other types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
Running our business, providing our GAMES and serving our customers.
Improving and Developing Our GAMES.
We may use your Information for the purpose of analyzing, improving, personalizing and evaluating our GAMES and your use of them, as well as to develop new GAMES.
In countries where our processing of Information requires a lawful basis, we rely upon the following:
Some types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
Improving and developing our GAMES.
Creating efficiencies in our business.
Compiling statistics about the use of our GAMES.
We may use your Information for the purpose of providing Customer Services, including dealing with your queries and complaints (including troubleshooting).
We may use your Information for the purpose of detecting, preventing or investigating criminal activities (including fraud and copyright infringement), protecting user safety and enforcing our civil rights in the courts. For example, where necessary, we may share your Information with law enforcement bodies or use it to take legal action against you to enforce our rights.
DATA RETENTION
In broad terms, we will only retain your Information for as long as is necessary for the purposes described in this Privacy Policy. After a retention period has lapsed, the Information is securely deleted, unless it is necessary for the establishment, exercise or defense of legal claims. For further information regarding applicable retention periods, you should contact us using the contact methods set out below.
INDIVIDUAL RIGHTS REQUESTS
Under certain conditions, you have the right to ask us to fulfil one or more of the following requests. We may ask you for proof of identity or other additional information before doing so.
Right to access and rectification: You can request details of the Information we hold, along with a copy of your Information, and the correction of any errors in your Information.
Right to erasure (“right to be forgotten”): The right, in certain circumstances, to ask for your Information to be deleted. In specific cases, we may not be able to delete some types of Information, in particular, where we have a legal obligation to keep that Information (e.g. for regulatory reporting purposes) or, for example, where you want us to continue to provide you with an GAME and the processing of the Information is necessary for the provision of that GAME.
Right to withdraw consent: You can withdraw your consent at any time in respect of any processing of Information which is based upon a consent.
We will assess any request to exercise these rights on a case by case basis. There may be circumstances in which we are not legally required to comply with a request because of relevant exemptions provided for in applicable data protection legislation. In some instances, this may mean that we are able to retain your Information even if you withdraw your consent.
INTERNATIONAL TRANSFER
We operate internationally, and some of the processes involved in our use of your Information will require your Information to be stored or processed in countries outside the country where you are located, including countries where the level of legal protection for your Information may be different and where you may have fewer legal rights in relation to it. In particular, your Information may be transferred to, and processed in the United States, where some of our systems are located.
However, whenever we transfer your Information outside of a country or region, such as the European Economic Area, we will make sure that we take steps necessary to comply with applicable legal requirements. Therefore, where required, we will ensure that appropriate safeguards are in place by using appropriate contractual mechanisms, such as the EU Standard Contractual Clauses, or by relying upon the service providers participating in an approved international data transfer mechanism, including the adoption of Binding Corporate Rules. For further information about the documents we use to protect your Information when it is transferred outside of your country or region, please submit a request through our Individual Rights Request Portal.
NOTIFICATION REGARDING UPDATES
From time to time, we may update this Privacy Policy. We will notify you about any material changes by placing a notice on our sites. We encourage you to periodically check back and review this policy so that you are up to date.
HOW TO CONTACT US
If you have any questions about this Privacy Policy, you can contact us at support@qubyteinteractive.com
© 2025 QUByte Interactive, LLC. All rights reserved.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
QUByte Interactive through the present contract provides you with game software (the "Game") for use with the online component of the Game (a "Game Server"). Together, the Game and a Game Server make up the Game. This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game, while the Terms of Service (the "TOS"), governs your use of the Game Server. By installing or using the Game, you agree to be bound by the terms of this Agreement and the TOS.
1. Limited License. The Game is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, QUByte Interactive hereby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to (a) download and install the Game onto a "System" owned by you, and (b) use the Game in conjunction with a Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of QUByte Interactive's intellectual property rights:
a. You may not sell, license or transfer the Game, or any reproductions or modifications thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by QUByte Interactive;
c. You may not modify the Game or any portion thereof;
d. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
e. You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to a Game Server except by using an authorized, unmodified Game through a QUByte Interactive authorized third party computer service as set forth herein; or
h. You may not use the Game to connect to any server or service other than a Game Server through a QUByte Interactive authorized third party service.
The license granted herein confers no title or ownership in the Game (including without limitation the Game) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, music, etc.) are owned by QUByte Interactive or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Games under your custody or control.
3. Ownership. You agree that, between you and QUByte Interactive, QUByte Interactive owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the United States, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor. When the Game is running, QUByte Interactive may monitor your System for uses that violate the Limited License Section. You hereby grant QUByte Interactive permission to monitor your System for purposes of identifying such use and communicating potential violations to QUByte Interactive. QUByte Interactive, its affiliates and its contractors are under no obligation to monitor your System.
5. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IF ANY SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION, THEN SUCH WARRANTIES APPLICABLE TO THIS GAME SHALL BE LIMITED TO THE 90 DAY PERIOD DESCRIBED ABOVE.
6. LIMITATION OF LIABILITY.
a. Neither you, QUByte Interactive, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with this EULA, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
b. Nothing in this EULA will exclude or limit either party's liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.
7. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QUBYTE INTERACTIVE, ITS DIRECTORS, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO ANY BREACH BY YOU OF THE LIMITED LICENSE SECTION.
8. Changes to Agreement and Game. QUByte Interactive may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA. QUByte Interactive may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
9. Patches and Updates. QUByte Interactive may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game installed on your System. Updates are not optional. You agree that QUByte Interactive may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for QUByte Interactive to download and apply such Updates.
10. Remedies. You acknowledge that QUByte Interactive may suffer irreparable damage if you breach any of the provisions governing ownership, the licence granted or licence limitations. In the event of such a breach, QUByte Interactive shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.
11. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
12. Dispute Resolution and Governing Law.
a. The construction, validity and performance of this EULA and all non-contractual obligations arising from or connected with this EULA, shall be governed by the law of the jurisdiction of your habitual residence.
b. Any action or proceeding brought to adjudicate any dispute related to this EULA or the Service shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction of your habitual residence (unless otherwise agreed in writing by both parties).
c. Severability. You and QUByte Interactive agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
13. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between QUByte Interactive and you. QUByte Interactive would not be able to provide the Game (including without limitation the Game) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of QUByte Interactive's licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of QUByte Interactive. You may not assign this Agreement, in whole or in part, without QUByte Interactive's prior written consent and any attempted assignment in violation of this provision shall be null and void. QUByte Interactive may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and QUByte Interactive with respect to the Game and supersedes all prior agreements between you and QUByte Interactive pertaining to the Game. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate equipment and Internet connections, at your sole risk and expense.
14. Customer Support. In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the QUByte Interactive Support Team by email at support@qubyteinteractive.com.
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TERMS OF SERVICE
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
QUByte Interactive, through this contract, grants you access to the online service (a "Game Server") for use with an authorized, unmodified copy of game software (the "Game"). Together, the Game Server and the Game make up the Game experience. These Terms of Service (the "TOS" or "Agreement") govern your use of the Game Server, while the End User License Agreement (the "EULA"), incorporated herein by reference, governs your use of the Game. By connecting to or using a Game Server, you agree to be bound by the terms of this Agreement and the EULA.
1. Grant of a Limited License to Use a Game Server
Subject to your agreement and continued compliance with this Agreement and all applicable guidelines, you may use a Game Server solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified copy of the Game. You may not use or access a Game Server for any other purpose or in connection with any other software. Any use outside the express scope of this license constitutes a violation of QUByte Interactive's copyrights. The license granted herein confers no title or ownership in the Game (including the Game Server) and should not be construed as a sale of any rights to the Game. The license is non-transferable, and any attempted transfer in violation of this provision shall be null and void. All rights, titles, and interests in the Game and all copies thereof (including, without limitation, titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by QUByte Interactive or its licensors.
2. Changes to Agreement and Game
QUByte Interactive may update this Agreement at its sole discretion, and you may be asked to review and agree to the revised version of the TOS once it becomes effective. If you do not agree to a revised TOS, you will not be permitted to continue playing the Game through the Game Server. If at any time you are no longer able to comply with the current TOS, you must terminate this Agreement and immediately stop accessing the Game Server.
QUByte Interactive may change, modify, suspend, or discontinue any aspect of the Game at any time. The company may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
3. Ownership
You understand and agree that the Game is owned by QUByte Interactive and/or its affiliates and licensors. You further agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game, including, without limitation, any in-game items or currency. You may not purchase, sell, or trade any in-game items or currency (if any) for anything of real-world value without express written permission from QUByte Interactive. Any attempt to do so without prior consent is null and void.
4. Account Suspension/Deletion
QUByte Interactive MAY SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCESS TO THE GAME SERVER AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
5. Financial Transactions
You acknowledge and agree that all transactions will be handled through the platform hosting your system and will be conducted pursuant to that entity’s Terms of Use, Policies, and Guidelines. You agree that QUByte Interactive may share your information as described in the Privacy Policy section, which may include, without limitation, information about your financial accounts with third parties as necessary.
6. Remedies
You acknowledge that QUByte Interactive may suffer irreparable damage if you breach any provisions governing ownership, the granted license, or license limitations. Therefore, if you breach these provisions, in addition to damages and reasonable attorneys' fees, QUByte Interactive shall be entitled to seek injunctive relief and specific performance of these provisions in any court of competent jurisdiction.
7. DISCLAIMER OF WARRANTIES
THE GAME SERVERS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL QUBYTE INTERACTIVE, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO THE GAME AND/OR GAME SERVER OR ANY USE THEREOF, INCLUDING LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, OR THIRD-PARTY CLAIMS. IN NO EVENT SHALL QUBYTE INTERACTIVE OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. QUByte Interactive's aggregate liability shall not exceed the total fees paid by you for the Game.
9. Indemnification
You agree to defend, indemnify, and hold harmless QUByte Interactive, its affiliates, licensors, and contractors from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Game and/or Game Server.
10. Patches and Updates
QUByte Interactive may apply patches, updates, and modifications ("Updates") to the Game at any time, which may change gameplay.
11. Termination
This Agreement is effective until terminated. You may terminate by uninstalling the Game. Termination or breach forfeits your rights to any purchases or payments made related to the Game. No refunds will be provided for amounts paid prior to termination. QUByte Interactive may terminate this Agreement with or without notice by banning your Account. Provisions intended to survive termination, such as Ownership, Financial Transactions, Privacy Policy, Remedies, and others, shall survive.
12. Dispute Resolution
a. Informal Resolution
Disputes should first be addressed by notifying support@qubyteinteractive.com to attempt resolution within 60 days of receipt.
b. Applicable Law and Venue
These Terms are governed by Florida law. You consent to the exclusive jurisdiction of state and federal courts in Florida.
c. Arbitration Agreement
Except for class actions, small claims, or preliminary injunctions, disputes will be resolved by binding arbitration in Florida before a retired judge experienced in the subject matter. The arbitration will follow Florida law and be governed by the Federal Arbitration Act.
Class Action Waiver: Disputes must be brought individually, not as class actions. If this waiver is unenforceable, the class action must proceed in Florida courts.
13. Miscellaneous
These Terms, including disclaimers, limitations, and indemnities, form the basis of the agreement between you and QUByte Interactive. You are not an agent, employee, joint venturer, or partner of QUByte Interactive. Assignment of this Agreement requires written consent. Severability applies to unlawful provisions. This Agreement, including referenced documents, is the entire agreement. You must provide your own equipment and internet access at your risk. QUByte Interactive is not liable for failures caused by force majeure. Amendments require written consent from both parties.
14. Code of Conduct
You agree not to upload, post, or distribute content that:
promotes illegal activity;
harasses, threatens, or violates others’ rights;
is harmful, abusive, vulgar, obscene, defamatory, or offensive;
promotes commercial activity without authorization;
violates confidentiality or copyrights;
disguises its origin;
links to sites violating these rules;
attempts to collect passwords or private info.
You also agree not to:
interfere with the Game operation;
copy, reproduce, distribute, or modify the Game without authorization;
use data mining tools, viruses, cheats, or hacking software;
use the Game commercially for spam or malicious communication;
reverse engineer the Game;
use unauthorized software tools or exploits;
disrupt other users’ gameplay;
falsify copyright information;
violate laws or promote illegal activities;
impersonate others;
engage in fraudulent or prohibited transactions.
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PRIVACY POLICY
This Privacy Policy explains what personal information QUByte Interactive ("we", "us", or "our") collect, use, share, and otherwise process about individuals (“you”) interacting with our GAMES.
Under the laws of some countries outside the European Economic Area, we may need your consent to our processing of your Information set forth in this Privacy Policy. Subject to any indications you may give us to the contrary, such as opting out or not opting in if asked, and where permitted by law, by providing Information or otherwise interacting with our GAMES, you consent to our use of Information in accordance with this Privacy Policy.
SCOPE OF THIS PRIVACY POLICY
Please read this policy carefully. It explains the types of Information we may collect about you, the purposes for and methods by which we collect it, and (where applicable) the lawful basis on which we do so, as well as information about data retention, your rights and how to contact us. This Privacy Policy covers both our online and offline data processing activities, including Information that we collect through our various GAMES.
Please note that we may combine Information that we collect via one source (e.g. in-game User ID) with Information we collect via another source (e.g. Platform Unique User ID), so please check carefully whether you are fully in accordance with the relevant terms and conditions presented in this document.
THE INFORMATION WE COLLECT
We collect, use, share and otherwise process the following categories of Information:
Information we may collect from you:
Platform-specific Unique User ID.
Platform-specific Friend List.
Platform-specific Block List.
Information about your location, including where it is derived from device information (such as an IP address or country code) or your device’s interactions with our Digital Services.
Technical/usage Information from your device, including the type of device and network attributes.
HOW WE USE THE INFORMATION
We may use Information for the purposes described in this Privacy Policy, or as otherwise disclosed at the time of collection. Below, we explain our various purposes, any processing activities that we believe may need further explanation and, where necessary, the ‘lawful basis’ on which we rely to process your Information.
Please note that while Information may be processed for more than one purpose, not all of the purposes or processing activities below will necessarily apply in every case. Our particular use of your Information will depend on the GAME and the manner in which you interact with us.
We may use your Information for the purpose of setting up your account with us, registering the GAME, or maintaining the GAME and resolving any issues, and optimizing the delivery of the GAME to each specific device used to access it.
In countries where our processing of Information requires a lawful basis, we rely upon the following:
Much of our processing, such as providing, and maintaining our GAMES, is necessary for entering into, or the performance of, the contract we have with you, including enabling customers to log-in to our Digital Services.
Other types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
Running our business, providing our GAMES and serving our customers.
Improving and Developing Our GAMES.
We may use your Information for the purpose of analyzing, improving, personalizing and evaluating our GAMES and your use of them, as well as to develop new GAMES.
In countries where our processing of Information requires a lawful basis, we rely upon the following:
Some types of processing are necessary for our ‘legitimate interests’ (and those of others), including:
Improving and developing our GAMES.
Creating efficiencies in our business.
Compiling statistics about the use of our GAMES.
We may use your Information for the purpose of providing Customer Services, including dealing with your queries and complaints (including troubleshooting).
We may use your Information for the purpose of detecting, preventing or investigating criminal activities (including fraud and copyright infringement), protecting user safety and enforcing our civil rights in the courts. For example, where necessary, we may share your Information with law enforcement bodies or use it to take legal action against you to enforce our rights.
DATA RETENTION
In broad terms, we will only retain your Information for as long as is necessary for the purposes described in this Privacy Policy. After a retention period has lapsed, the Information is securely deleted, unless it is necessary for the establishment, exercise or defense of legal claims. For further information regarding applicable retention periods, you should contact us using the contact methods set out below.
INDIVIDUAL RIGHTS REQUESTS
Under certain conditions, you have the right to ask us to fulfil one or more of the following requests. We may ask you for proof of identity or other additional information before doing so.
Right to access and rectification: You can request details of the Information we hold, along with a copy of your Information, and the correction of any errors in your Information.
Right to erasure (“right to be forgotten”): The right, in certain circumstances, to ask for your Information to be deleted. In specific cases, we may not be able to delete some types of Information, in particular, where we have a legal obligation to keep that Information (e.g. for regulatory reporting purposes) or, for example, where you want us to continue to provide you with an GAME and the processing of the Information is necessary for the provision of that GAME.
Right to withdraw consent: You can withdraw your consent at any time in respect of any processing of Information which is based upon a consent.
We will assess any request to exercise these rights on a case by case basis. There may be circumstances in which we are not legally required to comply with a request because of relevant exemptions provided for in applicable data protection legislation. In some instances, this may mean that we are able to retain your Information even if you withdraw your consent.
INTERNATIONAL TRANSFER
We operate internationally, and some of the processes involved in our use of your Information will require your Information to be stored or processed in countries outside the country where you are located, including countries where the level of legal protection for your Information may be different and where you may have fewer legal rights in relation to it. In particular, your Information may be transferred to, and processed in the United States, where some of our systems are located.
However, whenever we transfer your Information outside of a country or region, such as the European Economic Area, we will make sure that we take steps necessary to comply with applicable legal requirements. Therefore, where required, we will ensure that appropriate safeguards are in place by using appropriate contractual mechanisms, such as the EU Standard Contractual Clauses, or by relying upon the service providers participating in an approved international data transfer mechanism, including the adoption of Binding Corporate Rules. For further information about the documents we use to protect your Information when it is transferred outside of your country or region, please submit a request through our Individual Rights Request Portal.
NOTIFICATION REGARDING UPDATES
From time to time, we may update this Privacy Policy. We will notify you about any material changes by placing a notice on our sites. We encourage you to periodically check back and review this policy so that you are up to date.
HOW TO CONTACT US
If you have any questions about this Privacy Policy, you can contact us at support@qubyteinteractive.com
© 2025 QUByte Interactive, LLC. All rights reserved.