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WELCOME TO THIS VIDEOGAME PROVIDED TO YOU BY MAX ACCELERATED XEBEC LLC, WITH THE REGISTERED ADDRESS OF 1319 HARRIS STREET, STATE COLLEGE, PA 16803, THE UNITED STATES, COMPANY NUMBER 4126037 (THE “COMPANY”). BEFORE ACCESSING AND PLAYING THE GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME-RELATED WEBSITES, ETC. (THE GAME, RELATED SERVICES AND THE WEBSITES HEREINAFTER (THE “GAME”), YOU MUST READ THIS AGREEMENT CAREFULLY.
PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU (“YOU,” “END USER” OR “USER”) AGREE TO ABIDE BY THESE TERMS OF USE (“TERMS OF USE”) AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN MAX ACCELERATED XEBEC LLC AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME. IF YOU ARE A USER BASED OUTSIDE OF THE UNITED STATES, CERTAIN PROVISIONS OF THE AGREEMENT APPLY TO YOU, SPECIFICALLY UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU ARE A USER BASED IN THE EUROPEAN UNION, THIS AGREEMENT IS SUBJECT TO THE DIRECTIVE (EU) 22019/770 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 MAY 2019 (HEREINAFTER: “THE EU DIGITAL CONTENT DIRECTIVE”), WHICH PREVAILS IN THE EVENT OF CONFLICT.
IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME. COMPANY RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THESE TERMS OF USE. THE COMPANY MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
The Game
The Game is a videogame provided to you by the Company.
To play the game the end user must have the following technical requirements to play the game:
Access to the Game
To access and play the Game, you must register an account with the platforms used to access the Game, such as the Steam Platform or Google Play Store (“the Platform”), unless the Game is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally or through negligence or inaction, allow or enable others to access your account. The Company reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in-game currency, characters etc. to another person or entity, unless specifically permitted in writing by the Company. Game is not intended for children under the age of 13. Children under the age of 18 you need parental or legal guardian’s consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents or other legal guardians. Any registration by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed, and in violation of these Terms of Use.
Registration and Warranties
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you or/and, if applicable, your legal guardians hereby accept sole responsibility for all activities that occur under your account or password. The Company, its affiliates, and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
For information regarding how the Company handle the information you transmit through the Game please see the Privacy Policy. Please note that your access to and playing of the Game constitutes your acceptance of the Privacy Policy.
Products and Services
THE COMPANY RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. USERS WHO PROVIDE CONTACT INFORMATION SHALL BE INFORMED ABOUT MODIFICATIONS, ADDITIONS AND DELETION IN ADVANCE. REGARDING THE EU USERS, THE COMPANY MAY HAVE THE FOLLOWING VALID REASONS FOR ADDITIONS TO THE GAME AND MODIFICATIONS OF THE GAME:
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. THE COMPANY MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME. THE GAME IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES.
Payment
Certain versions of the Game may be provided as a “free-to-play game” where you can access and play certain parts of the Game or Game versions without paying any fees. However other versions of the Game or certain Game levels and features are “premium features” where you must pay a fee or purchase in-game material or access to play such levels and features. Where applicable, you agree to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you have ordered in the Game. You are responsible for providing the Company and/or the Platform with valid credit card information to secure payment. The Company and/or the Platform reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal. The Company or the Platform confirms all subscriptions, purchases and send all initial login or activation information by email once the Company Games or the Platform have had the opportunity to confirm your purchase.
Payment Terms
In order to access and play certain versions of the Game or certain Game levels in the Game, access certain additional content, premium services etc. you are required to pay certain fees (certain Game versions and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at Platform’s Game access pages etc. The Company may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. The Company and/or Platform may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, the Company or Platform may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
When you purchase the Game and any product or service in the Game or in relation to the Game you authorize the Company or Platform to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those the Company or Platform are not required to collect) and for all hardware, software, mobile/handheld, Internet, Virtual Reality/Augmented Reality equipment (platform specific VR/AR headsets/screen, etc.) and other costs you incur to access and play the Game. However, any equipment needed to access this Game shall be known to EU Users prior to purchase of this Game. The Company and/or Platform reserves the right to change the fees and availability of the Game at any time at reasonable notice and without prejudice to the rights of the Users mentioned in these Terms; provided, however, such price change will not affect your purchase price for orders that the Company or Platform has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game, Platform, and these Terms of Use for changes in the fees or payment terms.
Access
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, the Company or Platform will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game subject to the other applicable provisions, limitations and restrictions in these Terms of Use. You may not upload or republish the Game or Game content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game content is strictly prohibited. However, you may upload recordings of yourself playing the Game on channels like Twitch.com and YouTube.com, etc., provided that such use is done in good taste and does not infringe on the intellectual property rights of the Company or reflect negative on the Company or the Game. If the Company or Platform is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at the Company or Platform’s discretion.
Geographic Restrictions
The owner of the Game is based in the Commonwealth of Pennsylvania in the United States. Access to the Game may not be legal by certain persons or in certain countries. If You access the Game from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Updates and New Releases
THE COMPANY MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
UNLESS UPDATES, UPGRADES OR SIMILAR PRODUCTS ARE REQUIRED TO ACCESS THE GAME, YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT THE COMPANY MAY, IN ITS SOLE DISCRETION, OFFER ANY OR ALL OF THE FOREGOING TO YOU. THE COMPANY MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, THE COMPANY WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT AND THEN YOU WILL BE ENITLED TO RECEIVE THE NEW RELEASE. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
Indemnification
Your access to and/or playing of the Game constitutes Your agreement to defend, indemnify, and hold harmless the Company, its parents and affiliates, licensors and partners, the Platform and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of Your use or misuse of the Game including related services by a third party with the use of Your account.
Termination
THESE TERMS OF USE ARE EFFECTIVE UNTIL AMENDED BY THE COMPANY IN ITS SOLE DISCRETION. THE COMPANY MAY CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE GAME AT ANY TIME FOR ANY REASON UPON REASONABLE PRIOR NOTICE. THE COMPANY MAY CEASE TO PROVIDE THE GAME OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE GAMES. THE COMPANY IS OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (i) IN A NOTICE IN THE GAME; (ii) VIA ELECTRONIC MAIL; (iii) IN THESE TERMS OF USE, OR (iv) IN ANOTHER MANNER THAT THE COMPANY DEEMS SUITABLE TO INFORM YOU OF THE TERMINATION. IF THE COMPANY TERMINATES THE GAME YOU PAID FOR, YOU MAY HAVE A RIGHT TO A REFUND OR A PARTIAL REFUND OF PAID FEES.
THE COMPANY RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT WITHOUT NOTICE AND SUSPEND OR CLOSE DOWN YOUR USER ACCOUNT, STOP YOUR ACCESS TO THE GAME AT ANY TIME IN THE EVENT OF UNAUTHORIZED USE, OR WELL-FOUNDED SUSPICION OF UNAUTHORIZED USE OF THE GAME OR IN CASE OF VIOLATION OF THESE TERMS OF USE, PRIVACY POLICY OR OTHER CORPORATE POLICIES OF THE COMPANY THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW. UPON SUCH TERMINATION AND SUSPENSION THE COMPANY SHALL HAVE NO RESPONSIBILITY OR OBLIGATION AND WILL NOT REFUND ANY AMOUNTS ALREADY PAID.
No right of withdrawal
If you are a paying User, you understand and confirm that since the Game constitutes digital content that is not supplied to you on a tangible medium (you are expected to access the Game via the Internet), according to art. 16 of the EU Consumer Rights Directive of 25 October 2011, you lose your consumer right of withdrawal. You lose your right to withdrawal also in the event your Game was supplied as sealed computer software that was unsealed after delivery.
Disclaimers and limitations of liability
THE GAME IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH THE COMPANY PROVIDE RULES FOR USER CONDUCT AND POSTINGS, THE COMPANY DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE COMPANY, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR THE PLATFORM BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM THE COMPANY OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORCE MAJEURE (AN EVENT OUTSIDE OF CONTROL OF THE COMPANY SUCH AS E.G. WAR, HURRICANE, FIRE, ETC.), COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. THE COMPANY TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF INTERNET AND SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
Seizure warning, motion sickness, etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. The Company takes no responsibility for such effects in the Game and advertising related to the Game and end results thereof and You are accessing and playing the Game and seeing the advertising on Your own risk. Nor does the Company take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc.
Trademarks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of the Company or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
Intellectual Property Rights
The Game and its entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit You to use the Game for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our App, except as follows:
You must not:
Prohibited uses
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting the Company’s rights to control the Game’s environment, and the conduct of the users within that environment, the Company prohibits the following practices that the Company has determined detract from the overall user experience and You are strictly prohibited from:
Communication and Feedback
The Company may from time to time contact You, or, if you are under 18 years old, your legal guardian. by any appropriate information channel to keep You up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. The Company may occasionally ask You to provide information on Your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to the Company. Any and all information which is submitted by You is submitted voluntarily. To the extent You do provide any Feedback to the Company, You agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to the Company and acknowledge that the Company may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to You. You can stop the delivery of promotional messages from the Company by following the specific instructions in promotional messages or by our customer support provided by the Platform. These communication choices do not apply to mandatory service communications that are considered part of the Game, which You may receive periodically.
Electronic communications
When You play the Game or send e-mails to us, You are communicating with us electronically. You, or, if you are under 18 years old, your legal guardian on your behalf, consent to receiving communications from us electronically and communicate with us electronically. We will communicate with You by e-mail or by posting notices in the Game or by any other means the Company finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
Disputes
THE COMPANY’S GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST THE COMPANY, YOU AGREE TO FIRST CONTACT THE COMPANY AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO THE COMPANY.THE NOTICE TO THE COMPANY MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 30 BELOW OR BY YOUR EMAIL REGISTERED FOR THE PURPOSES OF COMMUNICATION WITH THE COMPANY. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. THE PARTIES HAVE 30 DAYS TO RESOLVE THE DISPUTE UNDER THIS CHAPTER (“COOLING OFF PERIOD). THIS PERIOD CAN BE EXTENDED UPON AGREEMENT OF BOTH PARTIES.
User Disputes
You are solely responsible for Your interactions with other users of the Game. The Company reserves the right, but have no obligation, to monitor disputes between You and other users.
Arbitration
Any controversy or claim arising out of, or relating to these Terms of Use shall be submitted to binding arbitration provided by the American Arbitration Association (hereinafter : “AAA”) in accordance with their Consumer Arbitration Rules and Procedures. If, upon filing the Statement of Claim, the American Arbitration Association determines that the dispute with User who is an EU consumer cannot proceed under Consumer Arbitration Rules, then User retains a right to demand to transfer the dispute to the court having jurisdiction over dispute between traders and consumers. If User is not a consumer, then any dispute arising out of or relating to these Terms of Use shall proceed under Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association.
Prior to the commencing arbitration, the Parties are obligated to attempt to settle their dispute amicably („cooling off period”) according to the preceding chapter titled “Disputes”. If User is under 18 years old, legal guardians, including but not limited to parents, shall act on behalf of the User, including acting before an arbitration tribunal, or court and also representing the User according to the preceding chapter titled “Disputes”.
The place of arbitration shall be Philadelphia, Pennsylvania. However, in the event any dispute between Parties could not be resolved on the basis of submitted documentation, Parties hereby request online hearings administered by AAA.
The language of the arbitration shall be English.
The dispute between the Parties shall be resolved by one arbitrator. The arbitrator shall be in the first place selected by mutual agreement of the Parties, who have 14 days to select an arbitrator of their choice. An unsuccessful attempt to select an arbitrator within 14 days authorizes AAA to appoint an arbitrator pursuant to the applicable rules of procedure. The arbitrator’s decision shall be final and binding on all Parties.
An arbitrator shall not disclose any information deemed confidential pursuant to the applicable law or this Agreement that becomes known to him in the course of performing his function. It is particularly inadmissible to disclose the content of the award before it is served upon the Parties.
The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall not have the power to modify the agreement of the Parties, including these Terms of Use and any applicable agreement subject to arbitration.
No Party to this arbitration agreement will challenge the jurisdiction or venue provisions as provided in this section.
Claims
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Governing law
The Terms of Use, including also the arbitration agreement in the chapter “Arbitration” shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, the United States, without giving effect to any principles of conflicts of law. Notwithstanding anything to the contrary, the Company may apply to any court of competent jurisdiction for injunctive or other equitable relief.
Severability
If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Modification of these Terms
The Company reserves the right, at its discretion, to update or revise the Terms of Use at any time. The Company will post such changes and shall notify the Users about changes in comprehensive and clear manner and within a reasonable period prior to modification. Upon notification, these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued playing of the Game constitutes Your binding acceptance of the Terms of Use, including any changes or modifications made by the Company as permitted above.
Entire agreement, Assignment
These Terms of Use constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the Parties with respect to such subject matter. You may not assign Your rights under the Terms of Use.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Game should be directed to the Company:
support@maxacceleratedxebec.com
PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU (“YOU,” “END USER” OR “USER”) AGREE TO ABIDE BY THESE TERMS OF USE (“TERMS OF USE”) AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN MAX ACCELERATED XEBEC LLC AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME. IF YOU ARE A USER BASED OUTSIDE OF THE UNITED STATES, CERTAIN PROVISIONS OF THE AGREEMENT APPLY TO YOU, SPECIFICALLY UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU ARE A USER BASED IN THE EUROPEAN UNION, THIS AGREEMENT IS SUBJECT TO THE DIRECTIVE (EU) 22019/770 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 MAY 2019 (HEREINAFTER: “THE EU DIGITAL CONTENT DIRECTIVE”), WHICH PREVAILS IN THE EVENT OF CONFLICT.
IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME. COMPANY RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THESE TERMS OF USE. THE COMPANY MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
The Game
The Game is a videogame provided to you by the Company.
To play the game the end user must have the following technical requirements to play the game:
- Windows OS : Windows 10+
- Linux OS: Linux distribution released after 2016
- Processor: 2 Ghz
- Memory: 4 GB RAM
- Graphics: 512MB, OpenGL 3+
- Storage: 300 MB available space
Access to the Game
To access and play the Game, you must register an account with the platforms used to access the Game, such as the Steam Platform or Google Play Store (“the Platform”), unless the Game is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally or through negligence or inaction, allow or enable others to access your account. The Company reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in-game currency, characters etc. to another person or entity, unless specifically permitted in writing by the Company. Game is not intended for children under the age of 13. Children under the age of 18 you need parental or legal guardian’s consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents or other legal guardians. Any registration by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed, and in violation of these Terms of Use.
Registration and Warranties
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you or/and, if applicable, your legal guardians hereby accept sole responsibility for all activities that occur under your account or password. The Company, its affiliates, and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
For information regarding how the Company handle the information you transmit through the Game please see the Privacy Policy. Please note that your access to and playing of the Game constitutes your acceptance of the Privacy Policy.
Products and Services
THE COMPANY RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. USERS WHO PROVIDE CONTACT INFORMATION SHALL BE INFORMED ABOUT MODIFICATIONS, ADDITIONS AND DELETION IN ADVANCE. REGARDING THE EU USERS, THE COMPANY MAY HAVE THE FOLLOWING VALID REASONS FOR ADDITIONS TO THE GAME AND MODIFICATIONS OF THE GAME:
- MAINTAINING FUNCTIONALITY OF THE GAME,
- IMPROVING GAMING EXPERIENCE,
- FIXING REPORTED ERRORS
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. THE COMPANY MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME. THE GAME IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES.
Payment
Certain versions of the Game may be provided as a “free-to-play game” where you can access and play certain parts of the Game or Game versions without paying any fees. However other versions of the Game or certain Game levels and features are “premium features” where you must pay a fee or purchase in-game material or access to play such levels and features. Where applicable, you agree to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you have ordered in the Game. You are responsible for providing the Company and/or the Platform with valid credit card information to secure payment. The Company and/or the Platform reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal. The Company or the Platform confirms all subscriptions, purchases and send all initial login or activation information by email once the Company Games or the Platform have had the opportunity to confirm your purchase.
Payment Terms
In order to access and play certain versions of the Game or certain Game levels in the Game, access certain additional content, premium services etc. you are required to pay certain fees (certain Game versions and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at Platform’s Game access pages etc. The Company may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. The Company and/or Platform may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, the Company or Platform may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
When you purchase the Game and any product or service in the Game or in relation to the Game you authorize the Company or Platform to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those the Company or Platform are not required to collect) and for all hardware, software, mobile/handheld, Internet, Virtual Reality/Augmented Reality equipment (platform specific VR/AR headsets/screen, etc.) and other costs you incur to access and play the Game. However, any equipment needed to access this Game shall be known to EU Users prior to purchase of this Game. The Company and/or Platform reserves the right to change the fees and availability of the Game at any time at reasonable notice and without prejudice to the rights of the Users mentioned in these Terms; provided, however, such price change will not affect your purchase price for orders that the Company or Platform has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game, Platform, and these Terms of Use for changes in the fees or payment terms.
Access
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, the Company or Platform will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game subject to the other applicable provisions, limitations and restrictions in these Terms of Use. You may not upload or republish the Game or Game content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game content is strictly prohibited. However, you may upload recordings of yourself playing the Game on channels like Twitch.com and YouTube.com, etc., provided that such use is done in good taste and does not infringe on the intellectual property rights of the Company or reflect negative on the Company or the Game. If the Company or Platform is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at the Company or Platform’s discretion.
Geographic Restrictions
The owner of the Game is based in the Commonwealth of Pennsylvania in the United States. Access to the Game may not be legal by certain persons or in certain countries. If You access the Game from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Updates and New Releases
THE COMPANY MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
UNLESS UPDATES, UPGRADES OR SIMILAR PRODUCTS ARE REQUIRED TO ACCESS THE GAME, YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT THE COMPANY MAY, IN ITS SOLE DISCRETION, OFFER ANY OR ALL OF THE FOREGOING TO YOU. THE COMPANY MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, THE COMPANY WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT AND THEN YOU WILL BE ENITLED TO RECEIVE THE NEW RELEASE. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
Indemnification
Your access to and/or playing of the Game constitutes Your agreement to defend, indemnify, and hold harmless the Company, its parents and affiliates, licensors and partners, the Platform and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of Your use or misuse of the Game including related services by a third party with the use of Your account.
Termination
THESE TERMS OF USE ARE EFFECTIVE UNTIL AMENDED BY THE COMPANY IN ITS SOLE DISCRETION. THE COMPANY MAY CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE GAME AT ANY TIME FOR ANY REASON UPON REASONABLE PRIOR NOTICE. THE COMPANY MAY CEASE TO PROVIDE THE GAME OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE GAMES. THE COMPANY IS OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (i) IN A NOTICE IN THE GAME; (ii) VIA ELECTRONIC MAIL; (iii) IN THESE TERMS OF USE, OR (iv) IN ANOTHER MANNER THAT THE COMPANY DEEMS SUITABLE TO INFORM YOU OF THE TERMINATION. IF THE COMPANY TERMINATES THE GAME YOU PAID FOR, YOU MAY HAVE A RIGHT TO A REFUND OR A PARTIAL REFUND OF PAID FEES.
THE COMPANY RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT WITHOUT NOTICE AND SUSPEND OR CLOSE DOWN YOUR USER ACCOUNT, STOP YOUR ACCESS TO THE GAME AT ANY TIME IN THE EVENT OF UNAUTHORIZED USE, OR WELL-FOUNDED SUSPICION OF UNAUTHORIZED USE OF THE GAME OR IN CASE OF VIOLATION OF THESE TERMS OF USE, PRIVACY POLICY OR OTHER CORPORATE POLICIES OF THE COMPANY THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW. UPON SUCH TERMINATION AND SUSPENSION THE COMPANY SHALL HAVE NO RESPONSIBILITY OR OBLIGATION AND WILL NOT REFUND ANY AMOUNTS ALREADY PAID.
No right of withdrawal
If you are a paying User, you understand and confirm that since the Game constitutes digital content that is not supplied to you on a tangible medium (you are expected to access the Game via the Internet), according to art. 16 of the EU Consumer Rights Directive of 25 October 2011, you lose your consumer right of withdrawal. You lose your right to withdrawal also in the event your Game was supplied as sealed computer software that was unsealed after delivery.
Disclaimers and limitations of liability
THE GAME IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH THE COMPANY PROVIDE RULES FOR USER CONDUCT AND POSTINGS, THE COMPANY DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE COMPANY, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR THE PLATFORM BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM THE COMPANY OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORCE MAJEURE (AN EVENT OUTSIDE OF CONTROL OF THE COMPANY SUCH AS E.G. WAR, HURRICANE, FIRE, ETC.), COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. THE COMPANY TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF INTERNET AND SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
Seizure warning, motion sickness, etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. The Company takes no responsibility for such effects in the Game and advertising related to the Game and end results thereof and You are accessing and playing the Game and seeing the advertising on Your own risk. Nor does the Company take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc.
Trademarks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of the Company or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
Intellectual Property Rights
The Game and its entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit You to use the Game for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our App, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials;
- You may store files that are automatically cached by Your Web browser for display enhancement purposes;
- If We provide desktop, mobile or other games for download, You may download a single copy to Your device solely for Your own personal, non-commercial use, provided that any such downloading will acknowledge Your agreement to be bound by Our End User license agreement for such applications available to your review before the download; and
- If We provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Game;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Game
- You must not access or use for any commercial purposes any part of the Game or any services or materials available through the Game.
Prohibited uses
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting the Company’s rights to control the Game’s environment, and the conduct of the users within that environment, the Company prohibits the following practices that the Company has determined detract from the overall user experience and You are strictly prohibited from:
- Taking any action that imposes an unreasonable or disproportionately large load on the system of the Game;
- Use of Your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played or services used;
- Use of Your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by the Company;
- Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
- When naming any character, team, guild or clan You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
- You may not post or communicate any player's real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
- You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
- You may not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;
- You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;
- You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of the Company;
- You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
- You may not impersonate the Company, its’ employees, consultants, partners, etc;
- You may not impersonate another person, misrepresenting Your affiliation with an entity or person, hiding or attempting to hide Your identity permitted by these Terms or otherwise conducting fraud;
- You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
- You may not market, promote, advertise, or solicit products or services in the Game;
- You may not modify any part of the Game, or Clients, Servers,
- You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
- You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
- You may not use the Game for any illegal purpose, including but not limited to arranging for the exchange or transfer of any pirated or illegal software in the Game;
- You will follow the instructions of authorized personnel in or related to the Game;
- You may not provide false information or intentionally hide any information when registering for Your account in the Game;
- You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
- You will not exploit any bug in the Game and You will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to the Company.
- You will not attempt to play the Game on any server or platform that is not controlled or authorized by The Company, its designees or the Platform;
- You will not create, use, or provide any server emulator or other site where the Game may be played, and You will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of the Company;
- You will not register for a User account on behalf of an individual other than Yourself, or register for a User account on behalf of any group or entity;
- Using the Company’s copyrights or trademarks or any confusingly similar marks;
- Uploading invalid data, viruses, worms, or other software agents to the Game;
- Collecting information from other End Users without obtaining their consent; or
- You may not use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
- Otherwise you may not use the Game in any manner that breaches the terms and conditions of the Terms of Use or the Privacy Policy.
- If You post recordings of Your playing of the Game on sites lite Twitch.com, YouTube.com etc. You shall refer to the name of the Game and give the Company credit as the developer of the Game. Such recordings and postings shall be done in good taste.
Communication and Feedback
The Company may from time to time contact You, or, if you are under 18 years old, your legal guardian. by any appropriate information channel to keep You up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. The Company may occasionally ask You to provide information on Your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to the Company. Any and all information which is submitted by You is submitted voluntarily. To the extent You do provide any Feedback to the Company, You agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to the Company and acknowledge that the Company may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to You. You can stop the delivery of promotional messages from the Company by following the specific instructions in promotional messages or by our customer support provided by the Platform. These communication choices do not apply to mandatory service communications that are considered part of the Game, which You may receive periodically.
Electronic communications
When You play the Game or send e-mails to us, You are communicating with us electronically. You, or, if you are under 18 years old, your legal guardian on your behalf, consent to receiving communications from us electronically and communicate with us electronically. We will communicate with You by e-mail or by posting notices in the Game or by any other means the Company finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
Disputes
THE COMPANY’S GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST THE COMPANY, YOU AGREE TO FIRST CONTACT THE COMPANY AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO THE COMPANY.THE NOTICE TO THE COMPANY MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 30 BELOW OR BY YOUR EMAIL REGISTERED FOR THE PURPOSES OF COMMUNICATION WITH THE COMPANY. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. THE PARTIES HAVE 30 DAYS TO RESOLVE THE DISPUTE UNDER THIS CHAPTER (“COOLING OFF PERIOD). THIS PERIOD CAN BE EXTENDED UPON AGREEMENT OF BOTH PARTIES.
User Disputes
You are solely responsible for Your interactions with other users of the Game. The Company reserves the right, but have no obligation, to monitor disputes between You and other users.
Arbitration
Any controversy or claim arising out of, or relating to these Terms of Use shall be submitted to binding arbitration provided by the American Arbitration Association (hereinafter : “AAA”) in accordance with their Consumer Arbitration Rules and Procedures. If, upon filing the Statement of Claim, the American Arbitration Association determines that the dispute with User who is an EU consumer cannot proceed under Consumer Arbitration Rules, then User retains a right to demand to transfer the dispute to the court having jurisdiction over dispute between traders and consumers. If User is not a consumer, then any dispute arising out of or relating to these Terms of Use shall proceed under Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association.
Prior to the commencing arbitration, the Parties are obligated to attempt to settle their dispute amicably („cooling off period”) according to the preceding chapter titled “Disputes”. If User is under 18 years old, legal guardians, including but not limited to parents, shall act on behalf of the User, including acting before an arbitration tribunal, or court and also representing the User according to the preceding chapter titled “Disputes”.
The place of arbitration shall be Philadelphia, Pennsylvania. However, in the event any dispute between Parties could not be resolved on the basis of submitted documentation, Parties hereby request online hearings administered by AAA.
The language of the arbitration shall be English.
The dispute between the Parties shall be resolved by one arbitrator. The arbitrator shall be in the first place selected by mutual agreement of the Parties, who have 14 days to select an arbitrator of their choice. An unsuccessful attempt to select an arbitrator within 14 days authorizes AAA to appoint an arbitrator pursuant to the applicable rules of procedure. The arbitrator’s decision shall be final and binding on all Parties.
An arbitrator shall not disclose any information deemed confidential pursuant to the applicable law or this Agreement that becomes known to him in the course of performing his function. It is particularly inadmissible to disclose the content of the award before it is served upon the Parties.
The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall not have the power to modify the agreement of the Parties, including these Terms of Use and any applicable agreement subject to arbitration.
No Party to this arbitration agreement will challenge the jurisdiction or venue provisions as provided in this section.
Claims
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Governing law
The Terms of Use, including also the arbitration agreement in the chapter “Arbitration” shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, the United States, without giving effect to any principles of conflicts of law. Notwithstanding anything to the contrary, the Company may apply to any court of competent jurisdiction for injunctive or other equitable relief.
Severability
If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Modification of these Terms
The Company reserves the right, at its discretion, to update or revise the Terms of Use at any time. The Company will post such changes and shall notify the Users about changes in comprehensive and clear manner and within a reasonable period prior to modification. Upon notification, these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued playing of the Game constitutes Your binding acceptance of the Terms of Use, including any changes or modifications made by the Company as permitted above.
Entire agreement, Assignment
These Terms of Use constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the Parties with respect to such subject matter. You may not assign Your rights under the Terms of Use.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Game should be directed to the Company:
support@maxacceleratedxebec.com