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Date of Last Revision: April 21, 2023
IMPORTANT NOTICE:
This End User License Agreement (“Agreement”) is a legal agreement between you (“user”, “you”, and “your”) and tinyBuild LLC (“tinyBuild”, “us”, “we”, and “our”) for our game or product, Duckside, which you obtained through a gaming platform or online service (the “Game”). By installing, accessing, or using the Game, you agree to be bound to the terms and conditions of this Agreement. If you do not agree to the terms, you must not install and use our Game. This Game and any accompanying online or electronic documentation has been produced by and is the property of tinyBuild.
Throughout this Agreement, we refer to the games, products, promotions, and services we offer, for example our video games and applications, whether accessible through social media, gaming platforms, computers, mobile devices or through web-browsers and other online services as our “Services.”
The purchase, download, installation, and use of the Game or Services are also subject to our Privacy Policy (“Privacy Policy”) located at https://www.tinybuild.com/privacy-policy and Terms of Use (“TOU”) located at https://www.tinybuild.com/tou.
BEFORE USING, DOWNLOADING, OR INSTALLING THE GAME, CAREFULLY READ THIS AGREEMENT AS YOUR USE OF THE GAME IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT.
THIS GAME IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS GAME OR ANY MATERIALS OR DOCUMENTATION INCLUDED WITH THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH TINYBUILD. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT IS NOT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE EXPRESSLY PROHIBITED.
OWNERSHIP OF THE GAME AND CONTENT
Proprietary and Intellectual Property Rights. “Intellectual Property Rights” means, without limitation, copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and all other proprietary rights. You agree that our “Content”, whether on our Game or within Services, may include, without limitation, virtual assets, currencies, text, chat postings, messages, music, sound, pictures, videos, graphics and audio-visual works, the design and appearance of our Game and Services as well as our characters, icons, upgrades, links, features, and other Content. The Game and Content are protected by copyright law, international copyright treaties, and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and our licensors may act to protect their rights in the event of any breach of this Agreement. All trademarks are the property of their respective owners.
License Grant for Content. We reserve all Intellectual Property Rights in all Content contained in or included on our Games or Services. In consideration for your assent to the terms and conditions contained in this Agreement, we grant you a non-exclusive, personal, revocable, nontransferable license to download, install, and use the Game and Content for your personal, non-commercial use on devices or consoles which you own or control and which have the necessary specifications to run and operate the Game. Except as otherwise stated in this Agreement, you may download material from our Game and use our Services only for your own personal, non-commercial use. You also agree that no monetary value can be attributed to your use of our Services, and you are using the foregoing solely for your personal entertainment value.
Unauthorized Use of Content. Unless expressly authorized by tinyBuild, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of our Content, including the Game. You further agree that you many not use any of our Content, or the Content of our affiliates and third-party developers and partners, in connection with any product or service that is not authorized in advance in writing by tinyBuild; nor will you use any Content in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages tinyBuild or our affiliates or third-party developers and partners. Nothing contained in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content provided in any of our Games and Services in any manner or form other than as a part of the foregoing Services.
Trademarks. The tinyBuild logo, name, and all graphics contained on our Game or our Services are trademarks of tinyBuild or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained on our Game or Services should be understood as granting you a license to use any of our trademarks, service marks, logos, or any of our other Intellectual Property Rights. Use, reproduction, copying, or redistribution of any of our Intellectual Property Rights, without our prior written permission is prohibited. All trademarks or service marks appearing on or in our Game and Services that are not owned by tinyBuild are the marks of their respective owners.
2. RESTRICTIONS
Restrictions on Use. You may only use the Game for your personal, private, and non-commercial use. Any commercial use of this Game is prohibited, including, without limitation, public performances, contests, and E-sports competitions. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Game or rights to use the Game and/or any downloadable enhancements and products (i.e., virtual goods and/or virtual currency) that the Game may employ.
You agree not to:
I. Make the Game available on a network for use or download by multiple users;
II. Install the Game on a network or multiple gaming platforms simultaneously;
III. Use or copy the Game at a computer gaming center or location-based site without a separate written license agreement from tinyBuild;
IV. Reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or modify the Game, in whole or in part, except as permitted by applicable law;
V. Remove or modify any proprietary notices, marks, or labels contained within the Game;
VI. Restrict or inhibit any other user from using and enjoying the Game and/or its online features;
VII. Use cheats, bots, or other unauthorized programs in connection with the Game's online features;
VIII. Violate terms, policies, licenses, or code of conduct for any features, including online features, of the Game; or
IX. Transport, export, or re-export the Game to any country forbidden by U.S. export laws, regulations, or U.S. economic sanctions, or otherwise violate any laws or regulations.
3. LIMITED WARRANTY AND LIABILITY
Warranty Disclaimer. tinyBuild, including our affiliates and third-party developers and partners, provide our Services and this Game ‘AS IS’ and on an ‘AS AVAILABLE’ basis. We make no express warranties or guarantees about our Websites or our Services. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT OUR GAME OR SERVICES IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR GAME, SERVICES, OR ANY CONTENT OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER TINYBUILD OR OUR AFFILIATES, THIRD-PARTY DEVELOPERS, OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO YOUR (OR ANY THIRD-PARTY) USE OR INABILITY TO USE THE GAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXCLUDE ALL OTHER LIABILITY, INCLUDING LIABILITY OR DAMAGE TO ANY DEVICE, EXCEPT FOR CASES OF FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
NO LIABILITY FOR DATA TRANSMISSION. NEITHER TINYBUILD NOR ITS AFFILIATES OR THIRD-PARTY DEVELOPERS OR PARTNERS MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR SERVICES, INCLUDING THE GAME. YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO ACCESS OUR GAME AND SERVICES MAY BE IMPAIRED. TINYBUILD, ITS AFFILIATES, THIRD-PARTY DEVELOPERS, AND PARTNERS DISCLAIM ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
COMPENSATION AND REPAIRS. IN CASES WHERE DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, YOU MAY BE ENTITLED TO COMPENSATION, OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE. HOWEVER, OUR SOLE AND MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GAME YOU HAVE ORDERED THROUGH OUR WEBSITE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Statutory consumer rights. Nothing in this Agreement shall limit your statutory consumer rights.
Back-up of Data Files. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
4. TERM AND TERMINATION
Agreement Effectiveness. This Agreement, and any license granted by it, is effective upon your download, installation, and/or use of the Game and remains effective until terminated by either party.
User Termination. You may terminate the Agreement at any time by deleting and removing all copies of the Game and Content from the devices on which you have installed it and destroying your copy of the Game and Content in your possession.
Automatic Termination. The Agreement and any license granted by it will terminate automatically if you fail to abide by any term or condition of this Agreement. In that event tinyBuild may, at our discretion, give you notice of termination of this Agreement and any license granted by it. Upon such notice, you must cease all use of the Game, immediately delete and erase all copies of the Game and Content, including any/all copies in your possession or control and stored on any media whatsoever. Additionally, at tinyBuild’s request you must certify that you have complied with and executed the above actions.
Surviving Sections. The following Sections of this Agreement shall survive termination: Section 1 (Ownership of the Game and Content); Section 3 (Limited Warranty and Liability); Section 4 (Term and Termination); Section 10 (Indemnification); and Section 12 (General).
5. YOUR USE OF THE GAME
Online Platform. To access our Game, you may download and install our Game through an online game distribution platform (“Online Platforms”), such as Steam, Xbox, PlayStation, or Switch. Your use of the Online Platform and its features, such as online multiplayer modes or in-game purchases, may be subject to the corresponding terms and conditions of the Online Platform. You acknowledge and agree that any access to or use of the Game through an Online Platform is subject to both this Agreement and the terms and conditions of the Online Platform. In the event of a conflict between this Agreement and the terms and conditions of the Online Platform, the terms and conditions of the Online Platform shall govern to the extent of such conflict.
System Requirements. You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use the Game. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use the Game. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.
Age Confirmation. By downloading and installing the Game, you confirm that you are either over 18 years of age or, if you are under 18 years old, that you are 13 years of age or older and you have obtained your parent or guardian’s consent to download, install and use the Game subject to this Agreement which they have read and explained to you. We comply with the Children's Online Privacy Protection Act (COPPA) and will not knowingly collect personal information from children under the age of 13. If we become aware that personal information has been collected from a child under the age of 13, we will take reasonable steps to delete such information as soon as possible. If you are a parent or guardian and become aware that your child has provided us with personal information without your consent, please contact us immediately at support@tinybuild.com.
Trial Version. In the event this Game is provided to you as a trial, your use may be restricted. Use restrictions may apply to limit the length of the playable game period, number of users, or any other features as necessary, in our sole discretion, to achieve the purpose of the trial. If you are playing a trial version of this Game, you agree to not to use it beyond the expiration or termination of the trial period. You also understand and agree that (I) the Game may include technical restrictions that prevent you from exceeding the trial limits and (II) the technical restrictions may remain on your device after deleting the Game to prevent you from installing another trial copy and repeating the trial version.
Permitted Modding. At tinyBuild’s sole discretion and written approval, we may allow you to make modifications to the Game software for the purpose of making mods and tools for the Game (“Mods”) in the future, provided you don’t sell them for money or try to make money from them (“Permitted Modding”). If you want to make your Mods available to the Game community you must first get prior written approval from tinyBuild by submitting a formal request to support@tinybuild.com. Any Mods that use our code or assets will belong to, vest in, and are the exclusive property of tinyBuild upon creation. If you have prior written approval from tinyBuild and share any Mods for people to use with their own copy of the Game, make sure you created them yourself and that it’s clear they are not official.
6. USER GENERATED CONTENT
UGC Creation. tinyBuild encourages you to create and upload User Generated Content (“UGC”) by building and designing in-game features such as maps, levels, and custom content. This UGC can be shared through distribution platforms that host the Game. Additionally, we encourage you to broadcast your gameplay on streaming platforms, showcasing your experiences with the Game. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize tinyBuild to use, display, and distribute such UGC on the respective platforms.
User UCG License. tinyBuild grants you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Content, and related copyrights and trademarks, for the sole purpose of creating UGC in compliance with the terms of this Agreement. Your license to use our Content to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
Online Platform Terms. You acknowledge and agree that any UGC you create and upload to online platforms is subject to the terms and conditions set forth in each platform's User Agreement and Terms of Service. It is your responsibility to review and comply with these terms, as they govern your use of the platform and the UGC you share.
UGC Ownership and License to tinyBuild. You own your UGC, but by uploading or sharing UGC with tinyBuild, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
Compliance with Guidelines. It is essential to ensure compliance with our Community Guidelines and the guidelines outlined in the User Agreement and Terms of Service of the specific online platform when creating User Generated Content (UGC). You are strictly prohibited from uploading or sharing any UGC that violates this Agreement, any relevant end-user licensing agreement, our Privacy Policy, or our Community Guidelines. We reserve the right to remove any UGC that is in violation of these terms or is deemed objectionable for any reason.
Responsibility for UGC. You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. By posting any content to our Services, you represent and warrant that: (I) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (II) the UGC is accurate and truthful; (III) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify tinyBuild and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to tinyBuild or its affiliates or third-party developers.
Monitoring and Removal. tinyBuild has the right, but not the obligation, to monitor and edit or remove any activity or UGC from its Services.
7. DATA COLLECTION AND FEEDBACK
THE PURCHASE, DOWNLOAD, INSTALLATION, AND USE OF THE GAME ARE ALSO SUBJECT TO OUR PRIVACY POLICY (https://www.tinybuild.com/privacy-policy).
Information Collection & Usage. As a condition for tinyBuild granting you a license to use the Game, you agree and consent to tinyBuild’s information collection and usage terms as set forth in this Agreement and tinyBuild’s Privacy Policy. The collection and use of your information may include, but are not limited to, the collection of your information by tinyBuild, its affiliates, vendors, and business partners; and the transfer of your personal information and other gameplay information, including geographic and telemetry data, to tinyBuild’s affiliates, vendors, business partners, and other third parties. You understand and agree that your information may be transferred or used in countries with lower privacy protection standards.
Automated Feedback Software. The Game includes an automatic feedback software that is installed on your computer. This software may collect and send data to and from us concerning your use of the Game, including your computer’s specification and IP address, any bugs, errors, or defects detected in the operation of the game, feedback on your use of the game, and the performance of the game on your computer. This data will be used for the sole purpose of improving the Game and will be subject to the information collection and usage terms set forth in this Agreement and tinyBuild's Privacy Policy. If you do not want this data to be collected and sent to us, please refrain from using the Game while connected to the internet.
Online Purchases and Support. When you purchase the Game online, contact our support center, or sign up for our mailing list, we may collect the following information from you: your name, Order ID, email address, IP Address, date of purchase, last 4 digits of the card used to make the purchase, EU VAT country (if applicable), and a log of the download date/time of the purchased Game. We may use this information for customer service and to fulfill your order. We may also use this information for marketing purposes if you opt-in to receive marketing emails from us. Your personal information may be transferred or used in countries with lower privacy protection standards. We encourage you to review our Privacy Policy for more information on how we collect, use, and protect your information.
Data Privacy. All data privacy issues, including tinyBuild’s collection, use, disclosure, and transfer of your personal information and other information, are subject to tinyBuild’s Privacy Policy (https://www.tinybuild.com/privacy-policy), which takes precedence over any other statement in this Agreement. If you do not want your information used or shared as described in this Agreement and tinyBuild’s Privacy Policy, you should not install or use the Game.
8. NOTICES AND CONSENT TO ELECTRONIC NOTICE
Electronic Notice Consent. If you provide tinyBuild with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from tinyBuild in electronic form at such email address. Delivery of any Notice from tinyBuild is effective when sent to your email address, regardless of whether you actually receive or read the Notice.
IF YOU HAVE PROVIDED YOUR EMAIL ADDRESS AND DO NOT WISH TO CONSENT TO ELECTRONIC NOTICE, YOU MUST UNINSTALL AND DISCONTINUE ALL USE OF THE GAME.
Customer Support Contact. For issues regarding customer support, please contact tinyBuild as follows:
By mail:
ATTENTION: CUSTOMER SUPPORT
tinyBuild Games LLC
1239 120th Ave NE, STE A
Bellevue, Washington 98005.
By email: support@tinybuild.com
Legal Notices.
You agree to send tinyBuild all legal notices, including notices of dispute and/or notices of infringement, to the aforementioned address.
9. GOVERNING LAW
Applicable Laws. This Agreement shall be governed by, and will be construed in accordance with the laws of, the United States of America and the law of the State of Washington, without regard to choice of law principles.
Exclusion of International Convention. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
Canadian Residents. If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
International Users. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of our Game and Services. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. RESOLVING DISPUTES
Good Faith Attempt. You agree that in the event of a dispute between you and tinyBuild or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration. Binding Arbitration is defined and provided in our TOU at https://www.tinybuild.com/tou. In case of any conflict between this Agreement and the TOU, the provisions of the TOU shall prevail.
Negotiation and Arbitration. If you and tinyBuild cannot resolve a dispute through informal negotiations within 30 days after receiving a notice of dispute, both parties agree to settle any claim or controversy arising out of this Agreement or the Game through binding arbitration, following the rules of the American Arbitration Association. The arbitration will take place in King County, Washington. This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Individual Arbitration and Relief. Claims or controversies will be arbitrated individually. The arbitrator cannot alter the terms of this Agreement and may award equitable relief to enforce its terms, provided that it does not interfere with tinyBuild's rights or ability to distribute or exploit the Game. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis.
Court Proceedings and Applicable Law. If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and maintain such claims in state and federal courts located within King County, Washington. The prevailing party in any action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees. In connection with any dispute between us, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by the laws of the state of Washington and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
Infringement Claims. tinyBuild has the right, but not the obligation, to defend or settle any action or proceeding arising from a claim that your permitted use of the Game infringes or misappropriates any patent, copyright, or other ownership of a third party. All notices of such claims must be sent to tinyBuild within ten (10) business days of your first knowledge of the alleged infringement.
Remedies for Infringement. In the event of such a claim, or if tinyBuild believes a claim is likely, tinyBuild may:
I. procure for you the right to continue using the Game;
II. modify the Game to become non-infringing; or
III. terminate this Agreement.
You agree to comply with any court judgment or other conditions imposed on you or tinyBuild due to an allegation of patent or copyright infringement, even if such judgment or conditions contradict this Agreement's conditions, including ceasing use of the Game.
12. GENERAL
No Waiver. tinyBuild’s failure to enforce a provision of this Agreement shall not be construed as a (I) waiver of such provision, or (II) diminishment of any right to enforce such provisions. Further, tinyBuild may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. tinyBuild shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of tinyBuild, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Non-Transferability. The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.
Export Restrictions. You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import the Game or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer the Game or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
US Government Restricted Rights. The Game and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (I) only as Commercial Items and (II) with only those rights granted to all other end users under the terms and conditions of this Agreement. tinyBuild reserves all unpublished rights under the copyright laws of the United States.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between you and tinyBuild, superseding all prior agreements, understandings, or arrangements (whether oral or written) concerning the subject matter. You acknowledge that you have entered into this Agreement based solely on the representations, warranties, and promises expressly set forth herein. No failure by either party to exercise or enforce any right under this Agreement, at law, or any custom or practice at variance with its terms will constitute a waiver of either party's respective rights or prevent the exercise or enforcement of any such right at any time. In case of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.
IMPORTANT NOTICE:
This End User License Agreement (“Agreement”) is a legal agreement between you (“user”, “you”, and “your”) and tinyBuild LLC (“tinyBuild”, “us”, “we”, and “our”) for our game or product, Duckside, which you obtained through a gaming platform or online service (the “Game”). By installing, accessing, or using the Game, you agree to be bound to the terms and conditions of this Agreement. If you do not agree to the terms, you must not install and use our Game. This Game and any accompanying online or electronic documentation has been produced by and is the property of tinyBuild.
Throughout this Agreement, we refer to the games, products, promotions, and services we offer, for example our video games and applications, whether accessible through social media, gaming platforms, computers, mobile devices or through web-browsers and other online services as our “Services.”
The purchase, download, installation, and use of the Game or Services are also subject to our Privacy Policy (“Privacy Policy”) located at https://www.tinybuild.com/privacy-policy and Terms of Use (“TOU”) located at https://www.tinybuild.com/tou.
BEFORE USING, DOWNLOADING, OR INSTALLING THE GAME, CAREFULLY READ THIS AGREEMENT AS YOUR USE OF THE GAME IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT.
THIS GAME IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS GAME OR ANY MATERIALS OR DOCUMENTATION INCLUDED WITH THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH TINYBUILD. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT IS NOT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE EXPRESSLY PROHIBITED.
OWNERSHIP OF THE GAME AND CONTENT
Proprietary and Intellectual Property Rights. “Intellectual Property Rights” means, without limitation, copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and all other proprietary rights. You agree that our “Content”, whether on our Game or within Services, may include, without limitation, virtual assets, currencies, text, chat postings, messages, music, sound, pictures, videos, graphics and audio-visual works, the design and appearance of our Game and Services as well as our characters, icons, upgrades, links, features, and other Content. The Game and Content are protected by copyright law, international copyright treaties, and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and our licensors may act to protect their rights in the event of any breach of this Agreement. All trademarks are the property of their respective owners.
License Grant for Content. We reserve all Intellectual Property Rights in all Content contained in or included on our Games or Services. In consideration for your assent to the terms and conditions contained in this Agreement, we grant you a non-exclusive, personal, revocable, nontransferable license to download, install, and use the Game and Content for your personal, non-commercial use on devices or consoles which you own or control and which have the necessary specifications to run and operate the Game. Except as otherwise stated in this Agreement, you may download material from our Game and use our Services only for your own personal, non-commercial use. You also agree that no monetary value can be attributed to your use of our Services, and you are using the foregoing solely for your personal entertainment value.
Unauthorized Use of Content. Unless expressly authorized by tinyBuild, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of our Content, including the Game. You further agree that you many not use any of our Content, or the Content of our affiliates and third-party developers and partners, in connection with any product or service that is not authorized in advance in writing by tinyBuild; nor will you use any Content in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages tinyBuild or our affiliates or third-party developers and partners. Nothing contained in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content provided in any of our Games and Services in any manner or form other than as a part of the foregoing Services.
Trademarks. The tinyBuild logo, name, and all graphics contained on our Game or our Services are trademarks of tinyBuild or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained on our Game or Services should be understood as granting you a license to use any of our trademarks, service marks, logos, or any of our other Intellectual Property Rights. Use, reproduction, copying, or redistribution of any of our Intellectual Property Rights, without our prior written permission is prohibited. All trademarks or service marks appearing on or in our Game and Services that are not owned by tinyBuild are the marks of their respective owners.
2. RESTRICTIONS
Restrictions on Use. You may only use the Game for your personal, private, and non-commercial use. Any commercial use of this Game is prohibited, including, without limitation, public performances, contests, and E-sports competitions. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Game or rights to use the Game and/or any downloadable enhancements and products (i.e., virtual goods and/or virtual currency) that the Game may employ.
You agree not to:
I. Make the Game available on a network for use or download by multiple users;
II. Install the Game on a network or multiple gaming platforms simultaneously;
III. Use or copy the Game at a computer gaming center or location-based site without a separate written license agreement from tinyBuild;
IV. Reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or modify the Game, in whole or in part, except as permitted by applicable law;
V. Remove or modify any proprietary notices, marks, or labels contained within the Game;
VI. Restrict or inhibit any other user from using and enjoying the Game and/or its online features;
VII. Use cheats, bots, or other unauthorized programs in connection with the Game's online features;
VIII. Violate terms, policies, licenses, or code of conduct for any features, including online features, of the Game; or
IX. Transport, export, or re-export the Game to any country forbidden by U.S. export laws, regulations, or U.S. economic sanctions, or otherwise violate any laws or regulations.
3. LIMITED WARRANTY AND LIABILITY
Warranty Disclaimer. tinyBuild, including our affiliates and third-party developers and partners, provide our Services and this Game ‘AS IS’ and on an ‘AS AVAILABLE’ basis. We make no express warranties or guarantees about our Websites or our Services. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT OUR GAME OR SERVICES IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR GAME, SERVICES, OR ANY CONTENT OF THE FOREGOING WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER TINYBUILD OR OUR AFFILIATES, THIRD-PARTY DEVELOPERS, OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO YOUR (OR ANY THIRD-PARTY) USE OR INABILITY TO USE THE GAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXCLUDE ALL OTHER LIABILITY, INCLUDING LIABILITY OR DAMAGE TO ANY DEVICE, EXCEPT FOR CASES OF FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
NO LIABILITY FOR DATA TRANSMISSION. NEITHER TINYBUILD NOR ITS AFFILIATES OR THIRD-PARTY DEVELOPERS OR PARTNERS MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR SERVICES, INCLUDING THE GAME. YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO ACCESS OUR GAME AND SERVICES MAY BE IMPAIRED. TINYBUILD, ITS AFFILIATES, THIRD-PARTY DEVELOPERS, AND PARTNERS DISCLAIM ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
COMPENSATION AND REPAIRS. IN CASES WHERE DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, YOU MAY BE ENTITLED TO COMPENSATION, OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE. HOWEVER, OUR SOLE AND MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GAME YOU HAVE ORDERED THROUGH OUR WEBSITE TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Statutory consumer rights. Nothing in this Agreement shall limit your statutory consumer rights.
Back-up of Data Files. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
4. TERM AND TERMINATION
Agreement Effectiveness. This Agreement, and any license granted by it, is effective upon your download, installation, and/or use of the Game and remains effective until terminated by either party.
User Termination. You may terminate the Agreement at any time by deleting and removing all copies of the Game and Content from the devices on which you have installed it and destroying your copy of the Game and Content in your possession.
Automatic Termination. The Agreement and any license granted by it will terminate automatically if you fail to abide by any term or condition of this Agreement. In that event tinyBuild may, at our discretion, give you notice of termination of this Agreement and any license granted by it. Upon such notice, you must cease all use of the Game, immediately delete and erase all copies of the Game and Content, including any/all copies in your possession or control and stored on any media whatsoever. Additionally, at tinyBuild’s request you must certify that you have complied with and executed the above actions.
Surviving Sections. The following Sections of this Agreement shall survive termination: Section 1 (Ownership of the Game and Content); Section 3 (Limited Warranty and Liability); Section 4 (Term and Termination); Section 10 (Indemnification); and Section 12 (General).
5. YOUR USE OF THE GAME
Online Platform. To access our Game, you may download and install our Game through an online game distribution platform (“Online Platforms”), such as Steam, Xbox, PlayStation, or Switch. Your use of the Online Platform and its features, such as online multiplayer modes or in-game purchases, may be subject to the corresponding terms and conditions of the Online Platform. You acknowledge and agree that any access to or use of the Game through an Online Platform is subject to both this Agreement and the terms and conditions of the Online Platform. In the event of a conflict between this Agreement and the terms and conditions of the Online Platform, the terms and conditions of the Online Platform shall govern to the extent of such conflict.
System Requirements. You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use the Game. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use the Game. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.
Age Confirmation. By downloading and installing the Game, you confirm that you are either over 18 years of age or, if you are under 18 years old, that you are 13 years of age or older and you have obtained your parent or guardian’s consent to download, install and use the Game subject to this Agreement which they have read and explained to you. We comply with the Children's Online Privacy Protection Act (COPPA) and will not knowingly collect personal information from children under the age of 13. If we become aware that personal information has been collected from a child under the age of 13, we will take reasonable steps to delete such information as soon as possible. If you are a parent or guardian and become aware that your child has provided us with personal information without your consent, please contact us immediately at support@tinybuild.com.
Trial Version. In the event this Game is provided to you as a trial, your use may be restricted. Use restrictions may apply to limit the length of the playable game period, number of users, or any other features as necessary, in our sole discretion, to achieve the purpose of the trial. If you are playing a trial version of this Game, you agree to not to use it beyond the expiration or termination of the trial period. You also understand and agree that (I) the Game may include technical restrictions that prevent you from exceeding the trial limits and (II) the technical restrictions may remain on your device after deleting the Game to prevent you from installing another trial copy and repeating the trial version.
Permitted Modding. At tinyBuild’s sole discretion and written approval, we may allow you to make modifications to the Game software for the purpose of making mods and tools for the Game (“Mods”) in the future, provided you don’t sell them for money or try to make money from them (“Permitted Modding”). If you want to make your Mods available to the Game community you must first get prior written approval from tinyBuild by submitting a formal request to support@tinybuild.com. Any Mods that use our code or assets will belong to, vest in, and are the exclusive property of tinyBuild upon creation. If you have prior written approval from tinyBuild and share any Mods for people to use with their own copy of the Game, make sure you created them yourself and that it’s clear they are not official.
6. USER GENERATED CONTENT
UGC Creation. tinyBuild encourages you to create and upload User Generated Content (“UGC”) by building and designing in-game features such as maps, levels, and custom content. This UGC can be shared through distribution platforms that host the Game. Additionally, we encourage you to broadcast your gameplay on streaming platforms, showcasing your experiences with the Game. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize tinyBuild to use, display, and distribute such UGC on the respective platforms.
User UCG License. tinyBuild grants you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Content, and related copyrights and trademarks, for the sole purpose of creating UGC in compliance with the terms of this Agreement. Your license to use our Content to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
Online Platform Terms. You acknowledge and agree that any UGC you create and upload to online platforms is subject to the terms and conditions set forth in each platform's User Agreement and Terms of Service. It is your responsibility to review and comply with these terms, as they govern your use of the platform and the UGC you share.
UGC Ownership and License to tinyBuild. You own your UGC, but by uploading or sharing UGC with tinyBuild, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
Compliance with Guidelines. It is essential to ensure compliance with our Community Guidelines and the guidelines outlined in the User Agreement and Terms of Service of the specific online platform when creating User Generated Content (UGC). You are strictly prohibited from uploading or sharing any UGC that violates this Agreement, any relevant end-user licensing agreement, our Privacy Policy, or our Community Guidelines. We reserve the right to remove any UGC that is in violation of these terms or is deemed objectionable for any reason.
Responsibility for UGC. You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. By posting any content to our Services, you represent and warrant that: (I) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (II) the UGC is accurate and truthful; (III) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify tinyBuild and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to tinyBuild or its affiliates or third-party developers.
Monitoring and Removal. tinyBuild has the right, but not the obligation, to monitor and edit or remove any activity or UGC from its Services.
7. DATA COLLECTION AND FEEDBACK
THE PURCHASE, DOWNLOAD, INSTALLATION, AND USE OF THE GAME ARE ALSO SUBJECT TO OUR PRIVACY POLICY (https://www.tinybuild.com/privacy-policy).
Information Collection & Usage. As a condition for tinyBuild granting you a license to use the Game, you agree and consent to tinyBuild’s information collection and usage terms as set forth in this Agreement and tinyBuild’s Privacy Policy. The collection and use of your information may include, but are not limited to, the collection of your information by tinyBuild, its affiliates, vendors, and business partners; and the transfer of your personal information and other gameplay information, including geographic and telemetry data, to tinyBuild’s affiliates, vendors, business partners, and other third parties. You understand and agree that your information may be transferred or used in countries with lower privacy protection standards.
Automated Feedback Software. The Game includes an automatic feedback software that is installed on your computer. This software may collect and send data to and from us concerning your use of the Game, including your computer’s specification and IP address, any bugs, errors, or defects detected in the operation of the game, feedback on your use of the game, and the performance of the game on your computer. This data will be used for the sole purpose of improving the Game and will be subject to the information collection and usage terms set forth in this Agreement and tinyBuild's Privacy Policy. If you do not want this data to be collected and sent to us, please refrain from using the Game while connected to the internet.
Online Purchases and Support. When you purchase the Game online, contact our support center, or sign up for our mailing list, we may collect the following information from you: your name, Order ID, email address, IP Address, date of purchase, last 4 digits of the card used to make the purchase, EU VAT country (if applicable), and a log of the download date/time of the purchased Game. We may use this information for customer service and to fulfill your order. We may also use this information for marketing purposes if you opt-in to receive marketing emails from us. Your personal information may be transferred or used in countries with lower privacy protection standards. We encourage you to review our Privacy Policy for more information on how we collect, use, and protect your information.
Data Privacy. All data privacy issues, including tinyBuild’s collection, use, disclosure, and transfer of your personal information and other information, are subject to tinyBuild’s Privacy Policy (https://www.tinybuild.com/privacy-policy), which takes precedence over any other statement in this Agreement. If you do not want your information used or shared as described in this Agreement and tinyBuild’s Privacy Policy, you should not install or use the Game.
8. NOTICES AND CONSENT TO ELECTRONIC NOTICE
Electronic Notice Consent. If you provide tinyBuild with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from tinyBuild in electronic form at such email address. Delivery of any Notice from tinyBuild is effective when sent to your email address, regardless of whether you actually receive or read the Notice.
IF YOU HAVE PROVIDED YOUR EMAIL ADDRESS AND DO NOT WISH TO CONSENT TO ELECTRONIC NOTICE, YOU MUST UNINSTALL AND DISCONTINUE ALL USE OF THE GAME.
Customer Support Contact. For issues regarding customer support, please contact tinyBuild as follows:
By mail:
ATTENTION: CUSTOMER SUPPORT
tinyBuild Games LLC
1239 120th Ave NE, STE A
Bellevue, Washington 98005.
By email: support@tinybuild.com
Legal Notices.
You agree to send tinyBuild all legal notices, including notices of dispute and/or notices of infringement, to the aforementioned address.
9. GOVERNING LAW
Applicable Laws. This Agreement shall be governed by, and will be construed in accordance with the laws of, the United States of America and the law of the State of Washington, without regard to choice of law principles.
Exclusion of International Convention. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
Canadian Residents. If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
International Users. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of our Game and Services. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. RESOLVING DISPUTES
Good Faith Attempt. You agree that in the event of a dispute between you and tinyBuild or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration. Binding Arbitration is defined and provided in our TOU at https://www.tinybuild.com/tou. In case of any conflict between this Agreement and the TOU, the provisions of the TOU shall prevail.
Negotiation and Arbitration. If you and tinyBuild cannot resolve a dispute through informal negotiations within 30 days after receiving a notice of dispute, both parties agree to settle any claim or controversy arising out of this Agreement or the Game through binding arbitration, following the rules of the American Arbitration Association. The arbitration will take place in King County, Washington. This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Individual Arbitration and Relief. Claims or controversies will be arbitrated individually. The arbitrator cannot alter the terms of this Agreement and may award equitable relief to enforce its terms, provided that it does not interfere with tinyBuild's rights or ability to distribute or exploit the Game. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis.
Court Proceedings and Applicable Law. If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and maintain such claims in state and federal courts located within King County, Washington. The prevailing party in any action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees. In connection with any dispute between us, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by the laws of the state of Washington and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
Infringement Claims. tinyBuild has the right, but not the obligation, to defend or settle any action or proceeding arising from a claim that your permitted use of the Game infringes or misappropriates any patent, copyright, or other ownership of a third party. All notices of such claims must be sent to tinyBuild within ten (10) business days of your first knowledge of the alleged infringement.
Remedies for Infringement. In the event of such a claim, or if tinyBuild believes a claim is likely, tinyBuild may:
I. procure for you the right to continue using the Game;
II. modify the Game to become non-infringing; or
III. terminate this Agreement.
You agree to comply with any court judgment or other conditions imposed on you or tinyBuild due to an allegation of patent or copyright infringement, even if such judgment or conditions contradict this Agreement's conditions, including ceasing use of the Game.
12. GENERAL
No Waiver. tinyBuild’s failure to enforce a provision of this Agreement shall not be construed as a (I) waiver of such provision, or (II) diminishment of any right to enforce such provisions. Further, tinyBuild may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. tinyBuild shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of tinyBuild, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Non-Transferability. The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.
Export Restrictions. You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import the Game or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer the Game or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
US Government Restricted Rights. The Game and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (I) only as Commercial Items and (II) with only those rights granted to all other end users under the terms and conditions of this Agreement. tinyBuild reserves all unpublished rights under the copyright laws of the United States.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between you and tinyBuild, superseding all prior agreements, understandings, or arrangements (whether oral or written) concerning the subject matter. You acknowledge that you have entered into this Agreement based solely on the representations, warranties, and promises expressly set forth herein. No failure by either party to exercise or enforce any right under this Agreement, at law, or any custom or practice at variance with its terms will constitute a waiver of either party's respective rights or prevent the exercise or enforcement of any such right at any time. In case of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.