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XVTM End-User License Agreement
Last Updated: February 28, 2024
This End-User License Agreement (“EULA”) governs your use of our game, XVTM, (the “Game”).
The Game is a copyrighted work belonging to Mischief and Craft LLC (“Mischief and Craft”, “us”, “our”, and “we”). This EULA sets forth the legally binding terms and conditions that govern your use of the Game (the “Offer”).
This Offer requires the use of arbitration (Section 12.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Access to the Game.
1.1 Eligibility. Only persons meeting the following requirements may use the Game:
(a) Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound by this EULA; or
(b) Persons who are between the ages of 16 and the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, along with their parent or guardian, to this EULA.
By downloading/installing/using/accessing the Game, you (i) acknowledge that you have read and understand this Offer; (ii) represent that you meet one of the eligibility requirements above, and (iii) accept this agreement and agree that you are legally bound by its terms. If you do not agree to this Offer, you may not download/install/use the Game.
1.2 License. Subject to this EULA, and provided that you meet either the requirements in Section 1.1(a) or 1.1(b) above, Mischief and Craft grants you a limited, non-transferable, non-exclusive, revocable, limited license to download and install the Game for your personal, non-commercial use in accordance with the Game's documentation.
1.3 Certain Restrictions. The rights granted to you in this EULA are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Game, whether in whole or in part, except as permitted by Section 1.4; (b) you will not modify, translate, adapt, make derivative works of, improve, disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game; (c) you will not access the Game in order to build a similar or competitive website, product, game or service; (d) except as expressly stated in this EULA, no part of the Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, or other addition to functionality of the Game will be subject to this EULA. All copyright and other proprietary notices on the Game (or on any content displayed on the Game) must be retained on all copies.
1.4 Sharing the Game IP. Nothing in this EULA should be interpreted as limiting your ability to create fan art, videos, or live streams based on the Game or its characters, world, and other unique characteristics (“Fan Content”). You may share or distribute Fan Content, as long as it is age appropriate based on the Game’s rating (or the Game’s content if it is not yet rated). Mischief and Craft reserves the right to require that you remove Fan Content that is offensive, in Mischief and Craft’s sole discretion. You are responsible for any liability resulting from your Fan Content, and you agree to indemnify Mischief and Craft from any claim arising from your creation or use of your Fan Content.
1.5 Modification. Mischief and Craft reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Mischief and Craft will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part of it.
1.6 No Support or Maintenance. You acknowledge and agree that Mischief and Craft will have no obligation to provide you with any support or maintenance in connection with the Game except for what may be required by a platform hosting the Game. In the event you wish to contact Mischief and Craft for customer support, you may contact reach out via email at support (at) mischiefandcraft (dot) red.
1.7 Ownership. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this EULA, or any other rights other than to use the Game in accordance with this EULA. Mischief and Craft and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other related intellectual property rights, except as expressly granted to you in this EULA. Neither this EULA (nor your access to the Game) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.2. Mischief and Craft and its suppliers reserve all rights not granted in this EULA. There are no implied licenses granted under this Offer.
2. Device Requirements. The Game may require certain minimum system or device requirements and/or only be accessible via third-party application marketplaces where the application can be downloaded.
3. Free Content. Upon downloading the Game, users may have access to certain features of the Game ("Free Features"). Mischief and Craft may add, remove, modify or otherwise change the Free Features at any time with or without notice to you.
4. Updates. Mischief and Craft may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Mischief and Craft has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions of it may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this EULA.
5. Indemnification. You agree to indemnify and hold Mischief and Craft (and its officers, employees, agents, and automata) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your violation of this EULA, or (c) your violation of applicable laws or regulations. Mischief and Craft reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Mischief and Craft. Mischief and Craft will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third-Party Materials. The Game may contain links to third-party websites and services, including through third party advertising (collectively, “Third-Party Materials”). Such Third-Party Materials are not under the control of Mischief and Craft, and Mischief and Craft is not responsible for any Third-Party Materials. Mischief and Craft provides access to these Third-Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You acknowledge and agree that Mischief and Craft is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the Third-Party Materials. Mischief and Craft does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and corresponding links are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
7. Release. You hereby release and forever discharge Mischief and Craft (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of, other Game users or any Third Party Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. Disclaimers. THE GAME IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MISCHIEF AND CRAFT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICES PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MISCHIEF AND CRAFT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MISCHIEF AND CRAFT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICES PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MISCHIEF AND CRAFT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Term and Termination. Subject to this Section, this EULA will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion, including for any use of the Game in violation of this EULA. Upon termination of your rights under these EULA and right to access and use the Game will terminate immediately. Mischief and Craft will not have any liability whatsoever to you for any termination of your rights under this EULA. Even after your rights under this EULA are terminated, the provisions of this EULA which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, 1.6, 2, and 5 through 12.
11. Involvement of Outside Parties. Should you, in the course of your descent, make contact with any non-human intelligences or entities claiming to be from separate realities, you agree to proceed with caution, while keeping in mind the weight of any agreements made, and the consequences thereof.
12. General
12.1 Changes. This EULA is subject to occasional revision, and if we make any substantial changes, we may notify you through notifications in the Game’s Steam Community Page and/or by prominently posting notice of the changes on our Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this EULA will be effective upon the earlier of thirty (30) calendar days following our posting of notice of the changes on our Game or the Game’s Steam Community Page. These changes will be effective immediately for new users of our Game. Continued use of our Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Mischief and Craft and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the EULA or the use of any product or service provided by Mischief and Craft that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Mischief and Craft, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Offer.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Mischief and Craft should be sent to Mischief and Craft attn.: EULA Dispute at the address listed in Section 12.12 (or such other address as may be provided by Mischief and Craft for this purpose. After the Notice is received, you and Mischief and Craft may attempt to resolve the claim or dispute informally. If you and Mischief and Craft do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration. You agree that any dispute, claim or controversy arising under or relating in any way to this EULA and not informally resolved will be settled by binding arbitration in the State of Washington, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Game (“JAMS”). The arbitrator will issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding will pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS will be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration will be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator will apply the substantive law of the State of Washington, without giving effect to its conflict of laws rules.
(d) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Mischief and Craft in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MISCHIEF AND CRAFT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(f) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance with such award, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(g) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
(h) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
(i) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(j) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
(k) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties agree to submit to the personal jurisdiction of the courts located within the State of Washington, for such purpose.
12.3 Export. The Game may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Mischief and Craft, or any products utilizing such data, in violation of the United States export laws or regulations.
12.4 Disclosures. Mischief and Craft is located at the address in Section 12.12. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
12.5 Electronic Communications. This Section covers the communications between you and Mischief and Craft using electronic means, whether Mischief and Craft posts notices on the Game or communicates with you via any other form. For contractual purposes, you (a) consent to receive communications from Mischief and Craft in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mischief and Craft provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
12.6 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
12.7 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule.
12.8 Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12.9 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power provided by this EULA will operate as a waiver of said right or power, nor will any single or partial exercise of any right or power preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
12.10 Entire Offer. The EULA constitutes the entire agreement between you and us regarding the use of the Game. Our failure to exercise or enforce any right or provision of this Offer will not operate as a waiver of such right or provision. The section titles in this Offer are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Offer is, for any reason, held to be invalid or unenforceable, the other provisions of this Offer will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Offer, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Mischief and Craft’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Mischief and Craft may freely assign this Offer. The terms and conditions set forth in this Offer will be binding upon assignees.
12.11 Copyright/Trademark Information. Copyright © 2024 Mischief and Craft LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
12.12 Contact Information:
Mischief and Craft LLC
522 W. Riverside Avenue, Suite N
Spokane, WA 99201
support (at) mischiefandcraft (dot) red
Last Updated: February 28, 2024
This End-User License Agreement (“EULA”) governs your use of our game, XVTM, (the “Game”).
The Game is a copyrighted work belonging to Mischief and Craft LLC (“Mischief and Craft”, “us”, “our”, and “we”). This EULA sets forth the legally binding terms and conditions that govern your use of the Game (the “Offer”).
This Offer requires the use of arbitration (Section 12.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Access to the Game.
1.1 Eligibility. Only persons meeting the following requirements may use the Game:
(a) Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound by this EULA; or
(b) Persons who are between the ages of 16 and the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, along with their parent or guardian, to this EULA.
By downloading/installing/using/accessing the Game, you (i) acknowledge that you have read and understand this Offer; (ii) represent that you meet one of the eligibility requirements above, and (iii) accept this agreement and agree that you are legally bound by its terms. If you do not agree to this Offer, you may not download/install/use the Game.
1.2 License. Subject to this EULA, and provided that you meet either the requirements in Section 1.1(a) or 1.1(b) above, Mischief and Craft grants you a limited, non-transferable, non-exclusive, revocable, limited license to download and install the Game for your personal, non-commercial use in accordance with the Game's documentation.
1.3 Certain Restrictions. The rights granted to you in this EULA are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Game, whether in whole or in part, except as permitted by Section 1.4; (b) you will not modify, translate, adapt, make derivative works of, improve, disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game; (c) you will not access the Game in order to build a similar or competitive website, product, game or service; (d) except as expressly stated in this EULA, no part of the Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, or other addition to functionality of the Game will be subject to this EULA. All copyright and other proprietary notices on the Game (or on any content displayed on the Game) must be retained on all copies.
1.4 Sharing the Game IP. Nothing in this EULA should be interpreted as limiting your ability to create fan art, videos, or live streams based on the Game or its characters, world, and other unique characteristics (“Fan Content”). You may share or distribute Fan Content, as long as it is age appropriate based on the Game’s rating (or the Game’s content if it is not yet rated). Mischief and Craft reserves the right to require that you remove Fan Content that is offensive, in Mischief and Craft’s sole discretion. You are responsible for any liability resulting from your Fan Content, and you agree to indemnify Mischief and Craft from any claim arising from your creation or use of your Fan Content.
1.5 Modification. Mischief and Craft reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Mischief and Craft will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part of it.
1.6 No Support or Maintenance. You acknowledge and agree that Mischief and Craft will have no obligation to provide you with any support or maintenance in connection with the Game except for what may be required by a platform hosting the Game. In the event you wish to contact Mischief and Craft for customer support, you may contact reach out via email at support (at) mischiefandcraft (dot) red.
1.7 Ownership. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this EULA, or any other rights other than to use the Game in accordance with this EULA. Mischief and Craft and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other related intellectual property rights, except as expressly granted to you in this EULA. Neither this EULA (nor your access to the Game) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.2. Mischief and Craft and its suppliers reserve all rights not granted in this EULA. There are no implied licenses granted under this Offer.
2. Device Requirements. The Game may require certain minimum system or device requirements and/or only be accessible via third-party application marketplaces where the application can be downloaded.
3. Free Content. Upon downloading the Game, users may have access to certain features of the Game ("Free Features"). Mischief and Craft may add, remove, modify or otherwise change the Free Features at any time with or without notice to you.
4. Updates. Mischief and Craft may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Mischief and Craft has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions of it may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this EULA.
5. Indemnification. You agree to indemnify and hold Mischief and Craft (and its officers, employees, agents, and automata) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your violation of this EULA, or (c) your violation of applicable laws or regulations. Mischief and Craft reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Mischief and Craft. Mischief and Craft will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third-Party Materials. The Game may contain links to third-party websites and services, including through third party advertising (collectively, “Third-Party Materials”). Such Third-Party Materials are not under the control of Mischief and Craft, and Mischief and Craft is not responsible for any Third-Party Materials. Mischief and Craft provides access to these Third-Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You acknowledge and agree that Mischief and Craft is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the Third-Party Materials. Mischief and Craft does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and corresponding links are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
7. Release. You hereby release and forever discharge Mischief and Craft (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of, other Game users or any Third Party Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. Disclaimers. THE GAME IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MISCHIEF AND CRAFT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICES PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MISCHIEF AND CRAFT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MISCHIEF AND CRAFT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICES PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MISCHIEF AND CRAFT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Term and Termination. Subject to this Section, this EULA will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion, including for any use of the Game in violation of this EULA. Upon termination of your rights under these EULA and right to access and use the Game will terminate immediately. Mischief and Craft will not have any liability whatsoever to you for any termination of your rights under this EULA. Even after your rights under this EULA are terminated, the provisions of this EULA which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, 1.6, 2, and 5 through 12.
11. Involvement of Outside Parties. Should you, in the course of your descent, make contact with any non-human intelligences or entities claiming to be from separate realities, you agree to proceed with caution, while keeping in mind the weight of any agreements made, and the consequences thereof.
12. General
12.1 Changes. This EULA is subject to occasional revision, and if we make any substantial changes, we may notify you through notifications in the Game’s Steam Community Page and/or by prominently posting notice of the changes on our Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this EULA will be effective upon the earlier of thirty (30) calendar days following our posting of notice of the changes on our Game or the Game’s Steam Community Page. These changes will be effective immediately for new users of our Game. Continued use of our Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Mischief and Craft and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the EULA or the use of any product or service provided by Mischief and Craft that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Mischief and Craft, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Offer.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Mischief and Craft should be sent to Mischief and Craft attn.: EULA Dispute at the address listed in Section 12.12 (or such other address as may be provided by Mischief and Craft for this purpose. After the Notice is received, you and Mischief and Craft may attempt to resolve the claim or dispute informally. If you and Mischief and Craft do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration. You agree that any dispute, claim or controversy arising under or relating in any way to this EULA and not informally resolved will be settled by binding arbitration in the State of Washington, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Game (“JAMS”). The arbitrator will issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding will pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS will be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration will be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator will apply the substantive law of the State of Washington, without giving effect to its conflict of laws rules.
(d) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Mischief and Craft in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MISCHIEF AND CRAFT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(f) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance with such award, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(g) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
(h) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
(i) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(j) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
(k) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties agree to submit to the personal jurisdiction of the courts located within the State of Washington, for such purpose.
12.3 Export. The Game may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Mischief and Craft, or any products utilizing such data, in violation of the United States export laws or regulations.
12.4 Disclosures. Mischief and Craft is located at the address in Section 12.12. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
12.5 Electronic Communications. This Section covers the communications between you and Mischief and Craft using electronic means, whether Mischief and Craft posts notices on the Game or communicates with you via any other form. For contractual purposes, you (a) consent to receive communications from Mischief and Craft in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mischief and Craft provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
12.6 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
12.7 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule.
12.8 Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12.9 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power provided by this EULA will operate as a waiver of said right or power, nor will any single or partial exercise of any right or power preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
12.10 Entire Offer. The EULA constitutes the entire agreement between you and us regarding the use of the Game. Our failure to exercise or enforce any right or provision of this Offer will not operate as a waiver of such right or provision. The section titles in this Offer are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Offer is, for any reason, held to be invalid or unenforceable, the other provisions of this Offer will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Offer, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Mischief and Craft’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Mischief and Craft may freely assign this Offer. The terms and conditions set forth in this Offer will be binding upon assignees.
12.11 Copyright/Trademark Information. Copyright © 2024 Mischief and Craft LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
12.12 Contact Information:
Mischief and Craft LLC
522 W. Riverside Avenue, Suite N
Spokane, WA 99201
support (at) mischiefandcraft (dot) red