| Language: |
TERMS OF USE (TOU) FOR "FROM THE GROUND"
1. Introduction
1.1 These Terms of Use (the "TOU") govern the access and use of the video game
"FROM THE GROUND" (the "Game"), developed by EI FROM THE GROUND
("we," "our," or "us"). The Game is available on the Steam platform.
1.2 By accessing or playing the Game, you agree to comply with these TOU.
If you do not agree to these terms, please do not use the Game.
1.3 These TOU may be updated from time to time. We will notify you of significant
changes by posting the new TOU on our website or in the Game.
Your continued use of the Game after such changes constitutes your acceptance
of the new TOU.
2. Intellectual Property
2.1 All rights, titles, and interests in and to the Game and its content
(including, without limitation, texts, graphics, logos, sounds, music, designs,
animations, characters, dialogues, features, programming, and software)
are our property or that of our licensors and are protected by intellectual
property laws, including but not limited to copyright, trademarks, patents,
and trade secrets. Copyright is protected by the filing of an e-Soleau envelope
with the INPI since 12/06/2022.
2.2 You must not copy, reproduce, distribute, publish, display, perform, modify,
create derivative works from, transmit, or exploit the Game or any of its content
in any way without our express, written, prior authorization.
2.3 You must not use our trademarks, logos, or other intellectual property elements
without our express, written, prior authorization.
2.4 Any user-created content, such as mods, fan art, or gameplay videos, that use
our assets or intellectual property must comply with our guidelines and must not be
commercialized without our authorization. However, influencers, streamers, and
other content creators are allowed to create and monetize gameplay videos and
other content related to the Game, provided they comply with our guidelines and
legal notices.
3. License to Use
3.1 We grant you a limited, non-exclusive, non-transferable, and revocable license to
access and use the Game in accordance with these TOU.
3.2 This license does not permit you to resell, copy, modify, distribute, or create
derivative works from the Game or its content without our express, written,
prior authorization.
3.3 Any unauthorized use of the Game terminates the license granted by these TOU.
4. Account and Security
4.1 To play the Game, you must have an account created on the distribution platform.
You are responsible for the confidentiality of your account information and all
activities that occur under your account.
4.2 You agree to notify us immediately of any unauthorized use of your account or
any other security breach.
4.3 We reserve the right to delete or suspend any access to the Game that does
not comply with these TOU.
5. Privacy Policy
5.1 This Privacy Policy describes our practices regarding the collection, use, storage,
and disclosure of users' personal information of the Game and all associated services.
5.2 Data Collection:
- We collect information you provide directly to us, such as when you contact us
or use certain features of the Game.
- We automatically collect information about your use of the Game, including
the most played areas, death locations, weapons used, and other game statistics.
- We may also collect information from third-party sources we work with to
provide the Game.
5.3 Data Use:
- We use the information collected to provide, maintain, and improve the Game,
including to personalize the user experience and respond to user requests.
- We use the data to analyze user trends and behaviors to improve the content
and features of the Game.
- We may use your information to send you promotional communications, subject
to your prior consent if required by law.
5.4 Data Storage and Security:
- We implement appropriate technical and organizational security measures to
protect your information against unauthorized access, disclosure, alteration,
or destruction.
5.5 Data Disclosure:
- We only share your personal information with third parties in the following cases:
with your consent, to comply with a legal obligation, to protect and defend our
rights and interests, or in the event of a sale or merger of our company.
- We may share aggregated and anonymized information that does not directly
identify you with partners or advertisers for research, analysis, or promotional
purposes.
5.6 Your Rights:
- You have the right to access, correct, delete, and restrict the processing of your
personal information. You may also object to its processing and request the
portability of your data.
- To exercise these rights, please contact us at risingpeaksstudio@gmail.com
5.7 Compliance with Laws:
- We comply with applicable data protection laws, including the General Data
Protection Regulation (GDPR) for European users and the California Consumer
Privacy Act (CCPA) for Californian users.
6. Use of the Game
6.1 You agree not to use the Game to:
- Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, or otherwise objectionable content.
- Harass, threaten, embarrass, or cause discomfort to other players.
- Exploit bugs or glitches in the Game to your advantage or to the detriment
of other players.
- Cheat or use unauthorized third-party software to gain an unfair advantage.
- Engage in fraudulent or illegal activities.
6.2 You agree to comply with all applicable laws while using the Game.
7. User Contributions
7.1 By submitting ideas, suggestions, or other feedback regarding the Game
("Contributions"), you grant us a worldwide, non-exclusive, irrevocable, perpetual,
royalty-free, and sublicensable license to use, distribute, modify, and exploit these
Contributions in any manner.
7.2 You warrant that your Contributions do not violate any
third-party rights and do not contain any illegal content.
8. User-Generated Content
8.1 Users may create and share content related to the Game (e.g., mods, fan art,
gameplay videos) provided they comply with our guidelines and do not infringe on
intellectual property rights or applicable laws.
8.2 We reserve the right to remove any user-generated content that violates these
TOU or our guidelines, or that is deemed inappropriate at our sole discretion.
9. Game Updates and Modifications
9.1 We reserve the right to modify, update, or discontinue the Game (or any part
thereof) at any time, with or without notice.
9.2 We will not be liable for any damages or losses resulting from such modifications,
updates, or discontinuations.
10. Limitation of Liability
10.1 The Game is provided "as is" and "as available." We disclaim all warranties,
express or implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose, and non-infringement of intellectual property rights.
10.2 We will not be liable for any indirect, consequential, special, exemplary, or
punitive damages, including, without limitation, loss of profits, arising from your use
or inability to use the Game.
10.3 Our total liability to you for all claims arising from or in connection with the
Game is limited to the amount you paid to access the Game (if any).
11. Indemnification
11.1 You agree to indemnify, defend, and hold us harmless from any claims, liabilities,
damages, losses, or expenses (including legal fees) arising from or related to your use
of the Game, your violation of these TOU, or your violation of any third-party rights.
12. Termination
12.1 We reserve the right to terminate or suspend your access to the Game, without
notice, for any reason, including, without limitation, if you violate these TOU.
12.2 Upon termination, the provisions of these TOU that, by their nature, should
survive termination will remain in effect.
13. Compliance with Local Laws
13.1 You agree to comply with all local, national, and international laws applicable to
your use of the Game.
13.2 You must not use or export the Game in violation of applicable export laws and
regulations.
14. Governing Law and Jurisdiction
14.1 These TOU are governed by and interpreted in accordance with the laws of
[Your Country/Region].
14.2 Any dispute arising from or in connection with these TOU will be subject to the
exclusive jurisdiction of the courts of [Your City/Country].
15. General Provisions
15.1 If any part of these TOU is found to be invalid or unenforceable, that part will
be interpreted to reflect, as closely as possible, the original intent of the parties,
and the remaining parts will remain in effect.
15.2 Our failure to enforce any right or provision of these TOU will not constitute a
waiver of that right or provision.
15.3 You may not assign or transfer your rights or obligations under these TOU
without our express, written, prior consent.
15.4 These TOU constitute the entire agreement between you and us regarding
the use of the Game and supersede all prior agreements, arrangements, and
understandings.
16. Contact
For any questions regarding these TOU, please contact us
at risingpeaksstudio@gmail.com
17. Unreal Engine : Disclaimers and Limitation of Liability
From The Ground includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Rising Peaks Studio, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Rising Peaks Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated the From The Ground, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this From The Ground, or will not revoke approval of this From The Ground for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Rising Peaks Studio and Epic. Rising Peaks Studio, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Rising Peaks Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Rising Peaks Studio or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Rising Peaks Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Rising Peaks Studio or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Rising Peaks Studio, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Rising Peaks Studio, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Rising Peaks Studio, Epic, Epic’s licensors, its and their affiliates, and any of Rising Peaks Studio or Epic’s service providers shall be limited to the full extent permitted by law.
1. Introduction
1.1 These Terms of Use (the "TOU") govern the access and use of the video game
"FROM THE GROUND" (the "Game"), developed by EI FROM THE GROUND
("we," "our," or "us"). The Game is available on the Steam platform.
1.2 By accessing or playing the Game, you agree to comply with these TOU.
If you do not agree to these terms, please do not use the Game.
1.3 These TOU may be updated from time to time. We will notify you of significant
changes by posting the new TOU on our website or in the Game.
Your continued use of the Game after such changes constitutes your acceptance
of the new TOU.
2. Intellectual Property
2.1 All rights, titles, and interests in and to the Game and its content
(including, without limitation, texts, graphics, logos, sounds, music, designs,
animations, characters, dialogues, features, programming, and software)
are our property or that of our licensors and are protected by intellectual
property laws, including but not limited to copyright, trademarks, patents,
and trade secrets. Copyright is protected by the filing of an e-Soleau envelope
with the INPI since 12/06/2022.
2.2 You must not copy, reproduce, distribute, publish, display, perform, modify,
create derivative works from, transmit, or exploit the Game or any of its content
in any way without our express, written, prior authorization.
2.3 You must not use our trademarks, logos, or other intellectual property elements
without our express, written, prior authorization.
2.4 Any user-created content, such as mods, fan art, or gameplay videos, that use
our assets or intellectual property must comply with our guidelines and must not be
commercialized without our authorization. However, influencers, streamers, and
other content creators are allowed to create and monetize gameplay videos and
other content related to the Game, provided they comply with our guidelines and
legal notices.
3. License to Use
3.1 We grant you a limited, non-exclusive, non-transferable, and revocable license to
access and use the Game in accordance with these TOU.
3.2 This license does not permit you to resell, copy, modify, distribute, or create
derivative works from the Game or its content without our express, written,
prior authorization.
3.3 Any unauthorized use of the Game terminates the license granted by these TOU.
4. Account and Security
4.1 To play the Game, you must have an account created on the distribution platform.
You are responsible for the confidentiality of your account information and all
activities that occur under your account.
4.2 You agree to notify us immediately of any unauthorized use of your account or
any other security breach.
4.3 We reserve the right to delete or suspend any access to the Game that does
not comply with these TOU.
5. Privacy Policy
5.1 This Privacy Policy describes our practices regarding the collection, use, storage,
and disclosure of users' personal information of the Game and all associated services.
5.2 Data Collection:
- We collect information you provide directly to us, such as when you contact us
or use certain features of the Game.
- We automatically collect information about your use of the Game, including
the most played areas, death locations, weapons used, and other game statistics.
- We may also collect information from third-party sources we work with to
provide the Game.
5.3 Data Use:
- We use the information collected to provide, maintain, and improve the Game,
including to personalize the user experience and respond to user requests.
- We use the data to analyze user trends and behaviors to improve the content
and features of the Game.
- We may use your information to send you promotional communications, subject
to your prior consent if required by law.
5.4 Data Storage and Security:
- We implement appropriate technical and organizational security measures to
protect your information against unauthorized access, disclosure, alteration,
or destruction.
5.5 Data Disclosure:
- We only share your personal information with third parties in the following cases:
with your consent, to comply with a legal obligation, to protect and defend our
rights and interests, or in the event of a sale or merger of our company.
- We may share aggregated and anonymized information that does not directly
identify you with partners or advertisers for research, analysis, or promotional
purposes.
5.6 Your Rights:
- You have the right to access, correct, delete, and restrict the processing of your
personal information. You may also object to its processing and request the
portability of your data.
- To exercise these rights, please contact us at risingpeaksstudio@gmail.com
5.7 Compliance with Laws:
- We comply with applicable data protection laws, including the General Data
Protection Regulation (GDPR) for European users and the California Consumer
Privacy Act (CCPA) for Californian users.
6. Use of the Game
6.1 You agree not to use the Game to:
- Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, or otherwise objectionable content.
- Harass, threaten, embarrass, or cause discomfort to other players.
- Exploit bugs or glitches in the Game to your advantage or to the detriment
of other players.
- Cheat or use unauthorized third-party software to gain an unfair advantage.
- Engage in fraudulent or illegal activities.
6.2 You agree to comply with all applicable laws while using the Game.
7. User Contributions
7.1 By submitting ideas, suggestions, or other feedback regarding the Game
("Contributions"), you grant us a worldwide, non-exclusive, irrevocable, perpetual,
royalty-free, and sublicensable license to use, distribute, modify, and exploit these
Contributions in any manner.
7.2 You warrant that your Contributions do not violate any
third-party rights and do not contain any illegal content.
8. User-Generated Content
8.1 Users may create and share content related to the Game (e.g., mods, fan art,
gameplay videos) provided they comply with our guidelines and do not infringe on
intellectual property rights or applicable laws.
8.2 We reserve the right to remove any user-generated content that violates these
TOU or our guidelines, or that is deemed inappropriate at our sole discretion.
9. Game Updates and Modifications
9.1 We reserve the right to modify, update, or discontinue the Game (or any part
thereof) at any time, with or without notice.
9.2 We will not be liable for any damages or losses resulting from such modifications,
updates, or discontinuations.
10. Limitation of Liability
10.1 The Game is provided "as is" and "as available." We disclaim all warranties,
express or implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose, and non-infringement of intellectual property rights.
10.2 We will not be liable for any indirect, consequential, special, exemplary, or
punitive damages, including, without limitation, loss of profits, arising from your use
or inability to use the Game.
10.3 Our total liability to you for all claims arising from or in connection with the
Game is limited to the amount you paid to access the Game (if any).
11. Indemnification
11.1 You agree to indemnify, defend, and hold us harmless from any claims, liabilities,
damages, losses, or expenses (including legal fees) arising from or related to your use
of the Game, your violation of these TOU, or your violation of any third-party rights.
12. Termination
12.1 We reserve the right to terminate or suspend your access to the Game, without
notice, for any reason, including, without limitation, if you violate these TOU.
12.2 Upon termination, the provisions of these TOU that, by their nature, should
survive termination will remain in effect.
13. Compliance with Local Laws
13.1 You agree to comply with all local, national, and international laws applicable to
your use of the Game.
13.2 You must not use or export the Game in violation of applicable export laws and
regulations.
14. Governing Law and Jurisdiction
14.1 These TOU are governed by and interpreted in accordance with the laws of
[Your Country/Region].
14.2 Any dispute arising from or in connection with these TOU will be subject to the
exclusive jurisdiction of the courts of [Your City/Country].
15. General Provisions
15.1 If any part of these TOU is found to be invalid or unenforceable, that part will
be interpreted to reflect, as closely as possible, the original intent of the parties,
and the remaining parts will remain in effect.
15.2 Our failure to enforce any right or provision of these TOU will not constitute a
waiver of that right or provision.
15.3 You may not assign or transfer your rights or obligations under these TOU
without our express, written, prior consent.
15.4 These TOU constitute the entire agreement between you and us regarding
the use of the Game and supersede all prior agreements, arrangements, and
understandings.
16. Contact
For any questions regarding these TOU, please contact us
at risingpeaksstudio@gmail.com
17. Unreal Engine : Disclaimers and Limitation of Liability
From The Ground includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Rising Peaks Studio, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Rising Peaks Studio, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated the From The Ground, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this From The Ground, or will not revoke approval of this From The Ground for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Rising Peaks Studio and Epic. Rising Peaks Studio, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Rising Peaks Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Rising Peaks Studio or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Rising Peaks Studio, Epic, Epic’s licensors, nor its or their affiliates, nor any of Rising Peaks Studio or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Rising Peaks Studio, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Rising Peaks Studio, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Rising Peaks Studio, Epic, Epic’s licensors, its and their affiliates, and any of Rising Peaks Studio or Epic’s service providers shall be limited to the full extent permitted by law.