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Trophy Hunt End User License Agreement
IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
In order to protect Trophy Hunt (our "Game") and the members of our community, this end user license agreement (“EULA”) sets forth license terms, including your rights and restrictions, for downloading and using our Game. This license is a legal agreement between you and us (Muddy Creek Games) If you do not comply with these terms, we may stop you from using our Game, and if we think it is necessary, we might even have to ask our lawyers to get involved.
If you buy, download, use or play our Game, you are agreeing to our EULA terms. If you don't want to, or can't agree to these terms, then you must not buy, download, use or play our Game.
ONE MAJOR RULE
The one major rule is that you must not distribute the Game or anything we've made unless we specifically agree to it. “Distribute anything we've made" means:
Give copies of our Game to anyone else;
Make commercial use of anything we've made;
Try to make money from anything we've made; or
Let other people get access to anything we've made in a way that is unfair or unreasonable.
Commercial use means to sell, license, lease, make available, or transfer for profit-making or income-generating purposes. Unless we specifically agree to it, and so that we are crystal clear, "the Game" or "what we have made" includes, but is not limited to, the client or the server software for our Game and includes Halo: The Master Chief Collection on all platforms. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Game, part of those things, or anything else we've made.
Otherwise we are quite relaxed about what you do - in fact we really encourage you to do cool stuff - just be sure to follow the terms laid out in this EULA.
USING OUR GAME
You have been granted a license to the Game so you can play and use it, yourself, on your devices.
Below, we also give you limited rights to do other things, but we must draw a line somewhere as we do not want people to go too far. If you wish to make something pertaining to anything we've made, we're humbled, but please make sure that it can't be interpreted as being official, and that it complies with this EULA, and the Trademark & Brand usage guidelines referenced above. Above all, do not make commercial use of anything we've made.
The license and permission we grant you to use and play our Game can be revoked if you break any of the terms of this EULA.
When you buy our Game, you receive a license that gives you permission to install the Game on your own personal device. You can use and play it on that device as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game, or any part of it, to anyone else. This also means you cannot sell or rent the Game or make it available for access to other people. Additionally, you cannot pass on nor resell any license keys. This is important to help us protect our Game from piracy and fraud. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys, which we may cancel in the case of fraud, for example.
If you bought the Game, you may play around with and modify it by adding modifications, tools, or plugins, which we will refer to collectively as "Mods." By "Mods," we mean something original that you or someone else created that doesn't contain a substantial part of our copyrightable code or content. When you combine your Mod with the Trophy Hunt software, we will call that combination a "Modded Version" of the Game. We have the final say on what constitutes a Mod and what doesn't. You may not distribute any Modded Versions of our Game or software, and you are not allowed to use Mods for griefing. Basically, Mods are okay to distribute; hacked versions or Modded Versions of the Game client or server software are not okay to distribute. Within reason, you're free to do whatever you want with screenshots and videos of the Game. By "within reason" we mean that you can't make any commercial use of them nor do things that are unfair or adversely affect our rights, unless we've specifically said it's okay in this EULA, allowed it through the Trademark & Brand Guidelines, or provided for it in a specific agreement with you. If you upload videos of the game to video sharing and streaming sites you are, however, allowed to put ads on them. Also, don't just rip art resources and pass them around, that's no fun.
Essentially, the simple rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh, and if the law expressly allows it, such as under a "fair use" or fair dealing" doctrine then that's okay too - but only to the extent that the law applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to come from an authorized source. It's also important for us that 3rd party tools/services don't seem "official" as we can't guarantee their quality. It's part of the responsibility we have to the customers of our Game. Make sure that you read through our brand and asset usage guidelines too.
COMPETING SERVICE
In addition, you are not permitted to use our Game to stand up a competing service, for instance you should not:
Code Use: use the code contained within the Game(s) or any part of it in another program or application outside of the MCC environment;
Cloud Computing: Use the Platform, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device;
Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by our Game in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks; or
Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Muddy Creek Games.
OWNERSHIP OF OUR GAME AND OTHER THINGS
Although we give you permission to install on your device and play our Game through the license, we are still the owners of it. We are also the owners of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a license to play / use our Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game and your installation of it are the permissions set out in this EULA.
Any Mods you create for the Game from scratch belong to you (including pre-run Mods and in-memory Mods) and you can do whatever you want with them, however, you may not use them for commercial purposes (commercial use as defined above), and so long as you don’t distribute Modded Versions of the Game. Remember that a Mod means something that is your original work and that does not contain a substantial part of our code or content. You only own what you created; you do not own our code or content.
CONTENT
If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us these permissions, do not make content available on or through our Game. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our Game, it must not be offensive to people, nor illegal. It must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person's reputation; posts that include porn or someone else's creation or image; or posts that impersonate a moderator, or try to trick or exploit people. For more information, see Content Guidelines below.
Any content you make available on our Game must also be your creation or you must have permission or the legal right to do it. You must not, and you agree that you will not make any content available, using the Game, that infringes the rights of others.
We reserve the right to take down any content in our discretion.
CONTENT GUIDELINES
Trophy Hunt, as well as Muddy Creek Games and its services let you create and share content with a wide and diverse audience. We want the Game’s ecosystem to be welcoming for everyone, so certain content cannot be shared or transmitted through our services.
Sexual or Graphic Violent Content
Sexual or overly violent content will not be accepted.
Illegal or Dangerous Content
We don’t allow content involving or promoting illegal activities, including gambling, drugs, animal cruelty, fraud, hacking, and piracy.
Infringing or Unauthorized Content
Don’t share or use content you didn’t create or have permission from the owner to use.
Intolerant or Discriminatory Content
The Game’s ecosystem welcomes diversity in race, ethnicity, color, religion, gender identity, sexual orientation, ability, and national origin. We do not tolerate discriminatory content based on any of these characteristics, including individuals with disabilities.
Please be cautious of who you are talking to in our Game. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. Think twice before giving out information about yourself.
USE OF GAME AND UPDATES
We might make upgrades, updates, or patches (we call them all "updates") available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any Game. Of course, we hope to continue to release new updates for our Game, we just can't guarantee that we will do so. With updates come changes that might not work well with other software, such as Mods. This is unfortunate, but it is something we don’t take responsibility for. If that is the case, try running an older version.
When you get a copy of our Game, we provide it "'as is"'. Updates are also provided "'as is"'. This means that we are not making any promises, warranties, guarantees, or conditions to you about the standard or quality of our Game or related Updates, or that our Game will be uninterrupted or error free. We are not responsible for any loss or damage that it may cause. You bear the entire risk of using the Game or Updates as to its quality and performance. You must accept that we may release games well before they are complete and so they may (and often will) have bugs, but we prefer to release these features earlier than to make you wait for perfection. If you would like to notify us about a potential bug, we have a site for that here http://www.MuddyCreekGames.com/.
DISPUTE RESOLUTION AND BINDING ARBITRATION
If you have any concerns or issues you can contact us at support@muddycreekgames.com. We hope we can resolve any complaints with you through informal dispute resolution.
If you have concerns or issues with us, we hope we can resolve them quickly and amicably – you can contact us at support@muddycreekgames.com. However, we recognise that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
Informal dispute resolution:
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.
If we can't resolve a dispute with you informally, then this is what happens next.
IMPORTANT: IF YOU LIVE IN THE USA, PLEASE READ THE FOLLOWING SECTIONS CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES BETWEEN US ON AN INDIVIDUAL BASIS.
Dispute resolution next steps: if you live in the European Union or elsewhere in the world (but not the USA):
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Muddy Creek Games, you should address it to support@muddycreekgames.
Dispute resolution next steps: if you live in the USA:
(a) Agreement to Arbitrate: We and you agree to resolve all disputes and claims between us on an individual basis through binding arbitration, including without limitation any claims arising from or relating to this Agreement, any part of the relationship between you and us, or your use of the Muddy Creek Games Services, except as set forth under “Exceptions to Informal Dispute Resolution and Agreement to Arbitrate” below. The US Federal Arbitration Act and federal arbitration law applies to this agreement.
"Arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator rather than a judge or jury. Arbitration is less formal than court litigation and review of an arbitrator’s decision by a court is limited. To be clear: by choosing arbitration you and we give up the right to have any dispute between us heard in court before a judge and/or jury.
Individual Arbitration Only:
You and we agree that arbitration will be conducted only on an individual basis and not as a class, consolidated or representative arbitration.
(b) How to start an arbitration: Either of us can commence arbitration by filing an arbitration demand with the AAA that describes the claim and desired remedy. Notice sent to Muddy Creek Games should be sent by mail and by email. You or Muddy Creek Games may bring an arbitration at any American Arbitration Association (“AAA”) location within the United States.
(c) The rules for the arbitration: The arbitration will be governed by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at http://www.adr.org), as modified by this Agreement. The arbitrator will be bound by this Agreement.
The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Muddy Creek Games. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as appropriate.
If you seek US $10,000 or less, Muddy Creek Games will reimburse your filing fee and your share of the arbitration costs (but not your attorney’s fees or expert witness fees), at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. Muddy Creek Games will only seek its legal fees and costs if it prevails and the arbitrator determines your claims are meritless. If you seek more than US $10,000, then the arbitration costs, including arbitrator compensation, will be split between you and Muddy Creek Games per the applicable AAA rules.
Exceptions to Informal Dispute Resolution and Agreement to ArbitrateThe dispute resolution and arbitration requirements do not apply to claims or disputes that relate to claims of intellectual property rights infringement or claims of Muddy Creek Games use, piracy, theft or misappropriation.
Limitation on Claims You and Muddy Creek Games agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the Muddy Creek Games must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred..
If you live in the USA or the rest of the world (but not the EU), you and we agree not to bring any class action or similar collective legal action against each other. We will resolve legal disputes with each other through the process outlined above.
Waiver of collective action remedies: To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration in relation to the Muddy Creek Games, its game “Trophy Hunt”, or this Agreement. That means, to the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-wide basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the previous paragraph is found illegal or unenforceable for any reason, you and Muddy Creek Games agree that any class, representative private attorney general action claim or dispute will be resolved in court.
14. OTHER LEGAL MATTERS
This section sets out a few additional, hopefully self-explanatory rules about how this Agreement works legally. For example, this Agreement is just between you and us, we might be required to comply with law enforcement requests etc.
i. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it; ii. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else; iii. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls; iv. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Muddy Creek Games, Trophy Hunt, or this Agreement; v. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of Trophy Hunt, as part of any reorganization or merger or for other business reasons. We will notify you if this happens; vi. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will 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 by us or you will preclude or restrict the further exercise of that or any other right or remedy; and vii. This Agreement does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.
IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
In order to protect Trophy Hunt (our "Game") and the members of our community, this end user license agreement (“EULA”) sets forth license terms, including your rights and restrictions, for downloading and using our Game. This license is a legal agreement between you and us (Muddy Creek Games) If you do not comply with these terms, we may stop you from using our Game, and if we think it is necessary, we might even have to ask our lawyers to get involved.
If you buy, download, use or play our Game, you are agreeing to our EULA terms. If you don't want to, or can't agree to these terms, then you must not buy, download, use or play our Game.
ONE MAJOR RULE
The one major rule is that you must not distribute the Game or anything we've made unless we specifically agree to it. “Distribute anything we've made" means:
Give copies of our Game to anyone else;
Make commercial use of anything we've made;
Try to make money from anything we've made; or
Let other people get access to anything we've made in a way that is unfair or unreasonable.
Commercial use means to sell, license, lease, make available, or transfer for profit-making or income-generating purposes. Unless we specifically agree to it, and so that we are crystal clear, "the Game" or "what we have made" includes, but is not limited to, the client or the server software for our Game and includes Halo: The Master Chief Collection on all platforms. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Game, part of those things, or anything else we've made.
Otherwise we are quite relaxed about what you do - in fact we really encourage you to do cool stuff - just be sure to follow the terms laid out in this EULA.
USING OUR GAME
You have been granted a license to the Game so you can play and use it, yourself, on your devices.
Below, we also give you limited rights to do other things, but we must draw a line somewhere as we do not want people to go too far. If you wish to make something pertaining to anything we've made, we're humbled, but please make sure that it can't be interpreted as being official, and that it complies with this EULA, and the Trademark & Brand usage guidelines referenced above. Above all, do not make commercial use of anything we've made.
The license and permission we grant you to use and play our Game can be revoked if you break any of the terms of this EULA.
When you buy our Game, you receive a license that gives you permission to install the Game on your own personal device. You can use and play it on that device as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game, or any part of it, to anyone else. This also means you cannot sell or rent the Game or make it available for access to other people. Additionally, you cannot pass on nor resell any license keys. This is important to help us protect our Game from piracy and fraud. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys, which we may cancel in the case of fraud, for example.
If you bought the Game, you may play around with and modify it by adding modifications, tools, or plugins, which we will refer to collectively as "Mods." By "Mods," we mean something original that you or someone else created that doesn't contain a substantial part of our copyrightable code or content. When you combine your Mod with the Trophy Hunt software, we will call that combination a "Modded Version" of the Game. We have the final say on what constitutes a Mod and what doesn't. You may not distribute any Modded Versions of our Game or software, and you are not allowed to use Mods for griefing. Basically, Mods are okay to distribute; hacked versions or Modded Versions of the Game client or server software are not okay to distribute. Within reason, you're free to do whatever you want with screenshots and videos of the Game. By "within reason" we mean that you can't make any commercial use of them nor do things that are unfair or adversely affect our rights, unless we've specifically said it's okay in this EULA, allowed it through the Trademark & Brand Guidelines, or provided for it in a specific agreement with you. If you upload videos of the game to video sharing and streaming sites you are, however, allowed to put ads on them. Also, don't just rip art resources and pass them around, that's no fun.
Essentially, the simple rule is do not make commercial use of anything we've made unless we've specifically said it's okay. Oh, and if the law expressly allows it, such as under a "fair use" or fair dealing" doctrine then that's okay too - but only to the extent that the law applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to come from an authorized source. It's also important for us that 3rd party tools/services don't seem "official" as we can't guarantee their quality. It's part of the responsibility we have to the customers of our Game. Make sure that you read through our brand and asset usage guidelines too.
COMPETING SERVICE
In addition, you are not permitted to use our Game to stand up a competing service, for instance you should not:
Code Use: use the code contained within the Game(s) or any part of it in another program or application outside of the MCC environment;
Cloud Computing: Use the Platform, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device;
Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by our Game in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks; or
Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Muddy Creek Games.
OWNERSHIP OF OUR GAME AND OTHER THINGS
Although we give you permission to install on your device and play our Game through the license, we are still the owners of it. We are also the owners of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a license to play / use our Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game and your installation of it are the permissions set out in this EULA.
Any Mods you create for the Game from scratch belong to you (including pre-run Mods and in-memory Mods) and you can do whatever you want with them, however, you may not use them for commercial purposes (commercial use as defined above), and so long as you don’t distribute Modded Versions of the Game. Remember that a Mod means something that is your original work and that does not contain a substantial part of our code or content. You only own what you created; you do not own our code or content.
CONTENT
If you make any content available on or through our Game, you agree to give us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat, and distribute content that you post on our website so others can read it. If you don't want to give us these permissions, do not make content available on or through our Game. Please think carefully before you make any content available, because it may be made public and might even be used by other people in a way you don't like.
If you are going to make something available on or through our Game, it must not be offensive to people, nor illegal. It must be honest, and it must be your own creation. Some examples of the types of things you must not make available using our Game include: posts that include racist or homophobic language; posts that are bullying or trolling; posts that are offensive or that damage our or another person's reputation; posts that include porn or someone else's creation or image; or posts that impersonate a moderator, or try to trick or exploit people. For more information, see Content Guidelines below.
Any content you make available on our Game must also be your creation or you must have permission or the legal right to do it. You must not, and you agree that you will not make any content available, using the Game, that infringes the rights of others.
We reserve the right to take down any content in our discretion.
CONTENT GUIDELINES
Trophy Hunt, as well as Muddy Creek Games and its services let you create and share content with a wide and diverse audience. We want the Game’s ecosystem to be welcoming for everyone, so certain content cannot be shared or transmitted through our services.
Sexual or Graphic Violent Content
Sexual or overly violent content will not be accepted.
Illegal or Dangerous Content
We don’t allow content involving or promoting illegal activities, including gambling, drugs, animal cruelty, fraud, hacking, and piracy.
Infringing or Unauthorized Content
Don’t share or use content you didn’t create or have permission from the owner to use.
Intolerant or Discriminatory Content
The Game’s ecosystem welcomes diversity in race, ethnicity, color, religion, gender identity, sexual orientation, ability, and national origin. We do not tolerate discriminatory content based on any of these characteristics, including individuals with disabilities.
Please be cautious of who you are talking to in our Game. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. Think twice before giving out information about yourself.
USE OF GAME AND UPDATES
We might make upgrades, updates, or patches (we call them all "updates") available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any Game. Of course, we hope to continue to release new updates for our Game, we just can't guarantee that we will do so. With updates come changes that might not work well with other software, such as Mods. This is unfortunate, but it is something we don’t take responsibility for. If that is the case, try running an older version.
When you get a copy of our Game, we provide it "'as is"'. Updates are also provided "'as is"'. This means that we are not making any promises, warranties, guarantees, or conditions to you about the standard or quality of our Game or related Updates, or that our Game will be uninterrupted or error free. We are not responsible for any loss or damage that it may cause. You bear the entire risk of using the Game or Updates as to its quality and performance. You must accept that we may release games well before they are complete and so they may (and often will) have bugs, but we prefer to release these features earlier than to make you wait for perfection. If you would like to notify us about a potential bug, we have a site for that here http://www.MuddyCreekGames.com/.
DISPUTE RESOLUTION AND BINDING ARBITRATION
If you have any concerns or issues you can contact us at support@muddycreekgames.com. We hope we can resolve any complaints with you through informal dispute resolution.
If you have concerns or issues with us, we hope we can resolve them quickly and amicably – you can contact us at support@muddycreekgames.com. However, we recognise that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
Informal dispute resolution:
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.
If we can't resolve a dispute with you informally, then this is what happens next.
IMPORTANT: IF YOU LIVE IN THE USA, PLEASE READ THE FOLLOWING SECTIONS CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES BETWEEN US ON AN INDIVIDUAL BASIS.
Dispute resolution next steps: if you live in the European Union or elsewhere in the world (but not the USA):
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Muddy Creek Games, you should address it to support@muddycreekgames.
Dispute resolution next steps: if you live in the USA:
(a) Agreement to Arbitrate: We and you agree to resolve all disputes and claims between us on an individual basis through binding arbitration, including without limitation any claims arising from or relating to this Agreement, any part of the relationship between you and us, or your use of the Muddy Creek Games Services, except as set forth under “Exceptions to Informal Dispute Resolution and Agreement to Arbitrate” below. The US Federal Arbitration Act and federal arbitration law applies to this agreement.
"Arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator rather than a judge or jury. Arbitration is less formal than court litigation and review of an arbitrator’s decision by a court is limited. To be clear: by choosing arbitration you and we give up the right to have any dispute between us heard in court before a judge and/or jury.
Individual Arbitration Only:
You and we agree that arbitration will be conducted only on an individual basis and not as a class, consolidated or representative arbitration.
(b) How to start an arbitration: Either of us can commence arbitration by filing an arbitration demand with the AAA that describes the claim and desired remedy. Notice sent to Muddy Creek Games should be sent by mail and by email. You or Muddy Creek Games may bring an arbitration at any American Arbitration Association (“AAA”) location within the United States.
(c) The rules for the arbitration: The arbitration will be governed by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at http://www.adr.org), as modified by this Agreement. The arbitrator will be bound by this Agreement.
The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Muddy Creek Games. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as appropriate.
If you seek US $10,000 or less, Muddy Creek Games will reimburse your filing fee and your share of the arbitration costs (but not your attorney’s fees or expert witness fees), at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. Muddy Creek Games will only seek its legal fees and costs if it prevails and the arbitrator determines your claims are meritless. If you seek more than US $10,000, then the arbitration costs, including arbitrator compensation, will be split between you and Muddy Creek Games per the applicable AAA rules.
Exceptions to Informal Dispute Resolution and Agreement to ArbitrateThe dispute resolution and arbitration requirements do not apply to claims or disputes that relate to claims of intellectual property rights infringement or claims of Muddy Creek Games use, piracy, theft or misappropriation.
Limitation on Claims You and Muddy Creek Games agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the Muddy Creek Games must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred..
If you live in the USA or the rest of the world (but not the EU), you and we agree not to bring any class action or similar collective legal action against each other. We will resolve legal disputes with each other through the process outlined above.
Waiver of collective action remedies: To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration in relation to the Muddy Creek Games, its game “Trophy Hunt”, or this Agreement. That means, to the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-wide basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the previous paragraph is found illegal or unenforceable for any reason, you and Muddy Creek Games agree that any class, representative private attorney general action claim or dispute will be resolved in court.
14. OTHER LEGAL MATTERS
This section sets out a few additional, hopefully self-explanatory rules about how this Agreement works legally. For example, this Agreement is just between you and us, we might be required to comply with law enforcement requests etc.
i. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it; ii. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else; iii. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls; iv. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Muddy Creek Games, Trophy Hunt, or this Agreement; v. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of Trophy Hunt, as part of any reorganization or merger or for other business reasons. We will notify you if this happens; vi. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will 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 by us or you will preclude or restrict the further exercise of that or any other right or remedy; and vii. This Agreement does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.