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END USER LICENSE AGREEMENT
Date of Last Revision: August 22, 2024
IMPORTANT NOTICE:
This End User License Agreement (“Agreement”) is a legal agreement between you (“user”, “you”, and “your”) and tinyBuild LLC (“tinyBuild”, “us”, “we”, and “our”) for our game, SAND (“Game”). By installing, accessing, or using the Game, you agree to be bound to the terms and conditions of this Agreement. If you do not agree to the terms, you must not install and use our Game. This Game and any accompanying online or electronic documentation has been produced by and is the property of tinyBuild.
The purchase, download, installation, and use of the Game is subject to our Privacy Policy (“Privacy Policy”) located at https://www.tinybuild.com/privacy-policy and Terms of Use (“TOU”) located at https://www.tinybuild.com/tou.
Electronic transactions and communications are used for all interactions with us. By accepting this Agreement, you consent to transact with us electronically. This Agreement remains effective until terminated by either you or us.
Please read this Agreement carefully and pay particular attention to these items:
Community Guidelines. You agree to follow our Community Guidelines (Section 4). These rules govern both in-game behavior and certain out-of-game conduct while using the Game.
Dispute Resolution. If you are in the United States, please review the binding arbitration clause and class action waiver in Dispute Resolution (Section 10). It affects how disputes between us are resolved.
Parents & Guardians
We provide game rating information on the platforms where our games are distributed to help you assess whether our games are appropriate for your children. We also strongly encourage you to supervise your child's online activities, review the content they access, and, when necessary, monitor their social interactions. For specific ratings, please refer to the distribution platform’s information, such as on Steam or other marketplaces where our games are available.
YOUR USE OF THE GAME
Age Confirmation. By downloading and installing the Game, you confirm that you are an adult of the legal age in your country or have permission from your parent or guardian. If you are under the legal age, your parent or guardian must agree to these terms. You and your parent or guardian are responsible for all actions related to your account. Some features, like online multiplayer, in-game purchases, and social interactions, may not be available if you are under the age of majority. Providing false information about your age or consent is against our rules and can lead to losing access to the Game. We comply with relevant privacy protection regulations, including but not limited to the Children's Online Privacy Protection Act (“COPPA”), the General Data Protection Regulation (“GDPR”), and the California Consumer Privacy Act (“CCPA”) and do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take prompt steps to delete such information. Providing false age information is a violation of this Agreement and may result in termination of access to the Game. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us immediately at privacygroup@tinybuild.com.
System Requirements. You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use the Game. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use the Game. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.
Online Platform. To access our Game, you may download and install our Game through an online game distribution platform (“Online Platforms”), such as Epic Games Store, Steam, Xbox, PlayStation, or Switch. Your use of the Online Platform and its features, such as online multiplayer modes or in-game purchases, may be subject to the corresponding terms and conditions of the Online Platform. You acknowledge and agree that any access to or use of the Game through an Online Platform is subject to both this Agreement and the terms and conditions of the Online Platform. In the event of a conflict between this Agreement and the terms and conditions of the Online Platform, the terms and conditions of the Online Platform shall govern to the extent of such conflict.
Trial Version. If the Game is provided as a trial, your use may be restricted, including limitations on the playable period, number of users, or other features. You agree to not to use the trial version beyond its expiration or termination. The Game may include technical restrictions to enforce trial limits, which may remain on your device after deletion to prevent reinstalling another trial copy.
OWNERSHIP OF THE GAME
Proprietary and Intellectual Property Rights. “Intellectual Property Rights” include copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and other proprietary rights. Our Game’s “Content” includes all aspects of the Game, such as virtual assets, currencies, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics, audiovisual works, design, characters, icons, upgrades, links, and features and are our exclusive property. The Game and Content are protected by copyright law, international copyright treaties, and other laws. All rights are reserved. The Game may contain certain licensed materials, and our licensors may protect their rights in the event of any breach of this Agreement. All trademarks are the property of their respective owners.
License Grant for the Game. We grant you a non-exclusive, personal, revocable, non-transferable license to download, install, and use the Game for your personal, non-commercial use on devices or consoles you own or control, provided they meet the necessary specifications. You agree that your use of the Game is solely for personal entertainment and has no monetary value.
Unauthorized Use of the Game. Unless expressly authorized by us, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of the Game. You also agree not to use any elements of the Game, or those provided by our affiliates and third-party developers and partners, in connection with any unauthorized product or service. Additionally, you may not use any elements of the Game in a manner that causes consumer confusion, discloses confidential information, or disparages us, our affiliates, or third-party developers and partners. This Agreement does not grant you any license or right to use any elements of the Game in any manner or form other than as part of the Game itself.
Trademarks. The tinyBuild logo, name, and all graphics contained in our Game are trademarks of tinyBuild or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained in our Game should be understood as granting you a license to use any of our trademarks, service marks, logos, or any of our other Intellectual Property Rights. Use, reproduction, copying, or redistribution of any of our Intellectual Property Rights, without our prior written permission is prohibited. All trademarks or service marks appearing on or in our Game that are not owned by us are the marks of their respective owners.
RESTRICTIONS & COMMUNITY GUIDELINES
Restrictions on Use. You may only use the Game for your personal, private, and non-commercial use. Any commercial use of this Game is prohibited, including, without limitation, public performances, contests, and E-sports competitions. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Game or rights to use the Game and/or any downloadable enhancements and products (i.e., virtual goods and/or virtual currency) that the Game may employ.
You agree not to:
i. Make the Game available on a network for use or download by multiple users;
ii. Install the Game on a network or multiple gaming platforms simultaneously;
iii. Use or copy the Game at a computer gaming center or location-based site without a separate written license agreement from us;
iv. Reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or modify the Game, in whole or in part, except as permitted by applicable law;
v. Remove or modify any proprietary notices, marks, or labels contained within the Game;
vi. Restrict or inhibit any other user from using and enjoying the Game and/or its online features;
vii. Use cheats, bots, or other unauthorized programs in connection with the Game's online features;
viii. Violate terms, policies, licenses, or code of conduct for any features, including online features, of the Game; or
ix. Transport, export, or re-export the Game to any country forbidden by U.S. export laws, regulations, or U.S. economic sanctions, or otherwise violate any laws or regulations.
Community Guidelines. We prioritize a fair and respectful gaming environment. This section outlines specific behaviors that are deemed violations of our “Community Guidelines”, applicable across all public spaces, including within the Game, our Discord, and any social media pages we operate.
By participating in in these platforms, you agree not to engage in:
i. Cheating: Using unauthorized third-party software or tools that give an unfair advantage in gameplay, such as aimbots, wallhacks, or similar cheating programs.
ii. Exploiting: Abusing game bugs, glitches, or unintended game mechanics to gain an unfair advantage or disrupt the normal gameplay.
iii. Harassment or Bullying: Engaging in behavior that intimidates, belittles, or harasses other players.
iv. Hate Speech or Discrimination: Using language that is discriminatory or hateful towards any group or individual.
v. Impersonation or Deception: Falsely representing oneself as another player, celebrity, or official.
vi. Inappropriate Content Sharing: Distributing offensive or explicit material.
vii. Griefing or Disruptive Behavior: Deliberately ruining the game experience for others.
Violations may result in enforcement actions, including temporary or permanent bans, as determined by our server administrators or our representatives.
External Contributions Policy. We value your feedback, and while we welcome general suggestions or feedback submitted through designated channels such as official forms or Discord, please refrain from submitting external contributions, including creative ideas, suggestions, or materials (collectively, “Contributions”). If you do, please understand that we may freely use them without any compensation to you. By sharing Contributions with us, you grant us a worldwide, perpetual, irrevocable, non-exclusive right, and license to use them for any purpose, commercial or otherwise. You also agree to take any necessary actions to ensure the validity of these rights.
TERM & TERMINATION
Agreement Effectiveness. This Agreement, and any license granted by it, is effective upon your download, installation, and/or use of the Game and remains effective until terminated by either party. The terms apply to your rights and obligations as they relate to downloaded, installed, or used game content.
User Termination. You may terminate the Agreement at any time by deleting and removing all copies of the Game and Content from the devices on which you have installed it and destroying your copy of the Game and Content in your possession.
Automatic Termination. The Agreement and any license granted by it will terminate automatically if you fail to comply with any term or condition. Upon termination, you will be notified and must cease all use of the Game, immediately delete all copies, and confirm compliance with these actions if requested.
USER GENERATED CONTENT
UGC Creation. We encourage you to broadcast your gameplay, or User Generated Content (“UGC”), on streaming platforms, showcasing your experiences with the Game. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize tinyBuild to use, display, and distribute such UGC on the respective platforms.
License Grant to You. We grant you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Game, and related copyrights and trademarks, for the sole purpose of creating UGC. Your license to use our Game to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
License Grant to tinyBuild. You own your UGC, but by uploading or sharing UGC, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
Responsibility for UGC. You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. By posting your UGC, you represent and warrant that: (i) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (ii) the UGC is accurate and truthful; (iii) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify tinyBuild and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to tinyBuild or its affiliates or third-party developers.
Compliance with Community Guidelines. It is essential to ensure compliance with our Community Guidelines as stated both in this Agreement and in our TOU, as well as any Online Platform policies and terms when creating UGC. You are strictly prohibited from uploading or sharing any UGC that violates this Agreement, our TOU, our Privacy Policy, or our Community Guidelines. We reserve the right to remove any UGC that is in violation of these terms or is deemed objectionable for any reason. tinyBuild has the right, but not the obligation, to monitor and edit or remove any activity or UGC.
Public Areas and Privacy. tinyBuild provides public forums, blogs, and other areas on our websites and across our services for you to create and post UGC. You acknowledge that these areas are public, and you have no expectation of privacy concerning your use of them. You should not communicate any personal information on these public areas because any information you communicate may be seen and used by others and may result in unsolicited communications. We are not responsible for any information you communicate on or through these public areas.
DATA COLLECTION & FEEDBACK
The purchase, download, installation, and use of the Game are also subject to our Privacy Policy (https://www.tinybuild.com/privacy-policy).
Information Collection & Usage. As a condition for tinyBuild granting you a license to use the Game, you agree and consent to tinyBuild’s information collection and usage terms as set forth in this Agreement and tinyBuild’s Privacy Policy. The collection and use of your information may include, but are not limited to, the collection of your information by tinyBuild, its affiliates, vendors, and business partners; and the transfer of your personal information and other gameplay information, including geographic and telemetry data, to tinyBuild’s affiliates, vendors, business partners, and other third parties. You understand and agree that your information may be transferred or used in countries with lower privacy protection standards.
Please note that data related to system specifications, IP addresses, usage reports, and tracking are collected and managed by third-party platforms that support the Game, such as Playfab and Steam, under their respective terms and privacy policies. For more details on how these platforms handle such data, please refer to Playfab’s terms and privacy policy (https://playfab.com/privacy-terms/ and https://playfab.com/terms/) and Steam’s terms and privacy policy (https://store.steampowered.com/eula/ and https://store.steampowered.com/privacy_agreement/).
Voice Communication. The Game includes a voice chat feature, which can be activated by pressing the designated key, allowing players to be heard within a specific range. Our voice chat functionality integrates a third-party voice and text chat service provider. We do not collect, store, or monitor any data from voice chats. Upon starting the Game, you will see an information window about the voice chat feature and must provide explicit consent to use it. If you opt-out, you will not be able to use the voice chat feature, although you will still be able to hear other players who have opted in. Additionally, you have the option to mute the entire voice chat through the game settings but cannot selectively mute individual players.
Important Note on Children's Safety
Voice chat can potentially allow children to communicate with strangers. We strongly advise parents and guardians to supervise their children's use of the Game and to use parental control features provided by gaming platforms.
Although we do not monitor voice chats, we take abusive behavior seriously. On private servers, chat administrators have the capability to monitor voice communications. Players can report abusive behavior through our support page through Online Platforms, support email, or through our official Discord server. Our support team is committed to addressing these reports promptly to ensure a safe and enjoyable gaming experience for all players.
Automated Feedback Software. The Game includes an automatic feedback software that is installed on your device. This software may collect and send data to and from us concerning your use of the Game, including your device’s specification and IP address, any bugs, errors, or defects detected in the operation of the game, feedback on your use of the game, and the performance of the game on your device. This data will be used for the sole purpose of improving the Game and will be subject to the information collection and usage terms set forth in this Agreement and our Privacy Policy.
Online Purchases and Support. When you purchase the Game online, contact our support center, or sign up for our mailing list, we may collect information related to your order (such as your name, Order ID, email address, date of purchase, and a log of the download date/time) for customer service, order fulfillment, and, if opted in, for marketing purposes. Please note, however, that certain data such as the last 4 digits of the card used and IP addresses are stored by our platform partners.
Data Privacy. All data privacy practices, including our collection, use, disclosure, and transfer of your personal information, are subject to our Privacy Policy (https://www.tinybuild.com/privacy-policy), which takes precedence over any other statement in this Agreement. If you do not want your information used or shared as described, do not install or use the Game.
LIMITED WARRANTY & LIABILITY
Warranty Disclaimer. tinyBuild, our affiliates, third-party developers, and partners, provide this Game “AS IS” and on an “AS AVAILABLE” basis. We make no express warranties or guarantees about our Game. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. WE DO NOT GUARANTEE THAT THE GAME WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR UNINTERRUPTED.
Limitation of Liability. tinyBuild, our affiliates, third-party developers, and partners are not liable for any damages from using or being unable to use the Game. THIS LIMITATION INCLUDES DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). This includes damage to devices, except in cases of fraud, death, or personal injury caused by our negligence. If the Game damages your device due to our lack of reasonable care, we may compensate you or repair your device. OUR MAXIMUM LIABILITY AND YOUR SOLE EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Statutory Consumer Rights. Nothing in this Agreement shall limit your statutory consumer rights.
Back-up of Data Files. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse our Game. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
DISPUTE RESOLUTION
Good Faith Attempt. You agree that in the event of a dispute between you and tinyBuild or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration. Binding Arbitration is defined and provided in our TOU at https://www.tinybuild.com/tou. In case of any conflict between this Agreement and the TOU, the provisions of the TOU shall prevail.
Negotiation and Arbitration. If you and tinyBuild cannot resolve a dispute through informal negotiations within thirty (30) days after receiving a notice of dispute, both parties agree to settle any claim or controversy arising out of this Agreement or the Game through binding arbitration, following the rules of the American Arbitration Association. The arbitration will take place in King County, Washington. This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Individual Arbitration and Relief. Claims or controversies will be arbitrated individually. The arbitrator cannot alter the terms of this Agreement and may award equitable relief to enforce its terms, provided that it does not interfere with tinyBuild's rights or ability to distribute or exploit the Game. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis.
Court Proceedings and Applicable Law. If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and maintain such claims in state and federal courts located within King County, Washington. The prevailing party in any action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees. In connection with any dispute between us, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by the laws of the state of Washington and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
DMCA Complaints. tinyBuild respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Any user who is found to have infringed the rights of tinyBuild, its affiliates, third-party developers, partners, or any third-party, or otherwise violated any intellectual property laws or regulations is subject to immediate suspension and/or termination. You agree to comply with any court judgment or conditions imposed due to such claims, including ceasing use of the Game if required. If you believe that your work has been violated on our Websites or on our Services in a way that constitutes copyright infringement, please contact us at support@tinybuild.com.
GOVERNING LAW
Applicable Laws. This Agreement shall be governed by and will be construed in accordance with the laws of, the United States of America and the law of the State of Washington, without regard to choice of law principles.
Exclusion of International Convention. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
Canadian Residents. If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
International Users. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
GENERAL
Changes. It is your responsibility to read, understand, and accept this Agreement in connection with your use of the Game. You acknowledge that we may make changes to this Agreement and to the Game itself, including its features, functionalities, and content, at any time and at our sole discretion. Such changes may be necessary to improve, enhance, or modify the Game, or to comply with legal, security, or policy requirements. You agree that your continued use of the Game after any such changes will constitute your acceptance of the changes. If you do not agree with the changes, you must cease using the Game. You should check this Agreement regularly to stay informed about any changes.
Contact Us. If you provide tinyBuild with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from tinyBuild in electronic form at such email address. Delivery of any Notice from tinyBuild is effective when sent to your email address, regardless of whether you actually receive or read the Notice. You agree to send tinyBuild all legal notices, including notices of dispute and/or notices of infringement, to the address below.
For issues regarding customer support, please contact our support team as follows:
By mail:
ATTENTION: CUSTOMER SUPPORT
tinyBuild LLC
1100 Bellevue Way NE, STE 8A - 317,
Bellevue, Washington 98004
By email: support@tinybuild.com
No Waiver. tinyBuild’s failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, tinyBuild may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. tinyBuild shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of tinyBuild, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Survival. Any provisions of this Agreement that by their nature should survive termination shall survive.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Non-Transferability. The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.
Export Restrictions. You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import the Game or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer the Game or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
US Government Restricted Rights. The Game and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights granted to all other end users under the terms and conditions of this Agreement. tinyBuild reserves all unpublished rights under the copyright laws of the United States.
Entire Agreement. This Agreement constitutes the entire understanding between you and tinyBuild, superseding all prior agreements, whether oral or written. You acknowledge that you entered into this Agreement based solely on the representations and promises expressly stated here. No failure by either party to exercise any right under this Agreement will constitute a waiver of those rights. In case of a conflict between this Agreement and any other terms, this Agreement will prevail.
Controlling Language. The original language of this Agreement is English even if it may be available in other languages. By clicking “I Agree”, you agree that the English version of this Agreement shall control any dispute between you and tinyBuild arising from or related to this Agreement. The English version of this Agreement can be found at https://www.tinybuild.com/sand-eula-en.
Date of Last Revision: August 22, 2024
IMPORTANT NOTICE:
This End User License Agreement (“Agreement”) is a legal agreement between you (“user”, “you”, and “your”) and tinyBuild LLC (“tinyBuild”, “us”, “we”, and “our”) for our game, SAND (“Game”). By installing, accessing, or using the Game, you agree to be bound to the terms and conditions of this Agreement. If you do not agree to the terms, you must not install and use our Game. This Game and any accompanying online or electronic documentation has been produced by and is the property of tinyBuild.
The purchase, download, installation, and use of the Game is subject to our Privacy Policy (“Privacy Policy”) located at https://www.tinybuild.com/privacy-policy and Terms of Use (“TOU”) located at https://www.tinybuild.com/tou.
Electronic transactions and communications are used for all interactions with us. By accepting this Agreement, you consent to transact with us electronically. This Agreement remains effective until terminated by either you or us.
Please read this Agreement carefully and pay particular attention to these items:
Community Guidelines. You agree to follow our Community Guidelines (Section 4). These rules govern both in-game behavior and certain out-of-game conduct while using the Game.
Dispute Resolution. If you are in the United States, please review the binding arbitration clause and class action waiver in Dispute Resolution (Section 10). It affects how disputes between us are resolved.
Parents & Guardians
We provide game rating information on the platforms where our games are distributed to help you assess whether our games are appropriate for your children. We also strongly encourage you to supervise your child's online activities, review the content they access, and, when necessary, monitor their social interactions. For specific ratings, please refer to the distribution platform’s information, such as on Steam or other marketplaces where our games are available.
YOUR USE OF THE GAME
Age Confirmation. By downloading and installing the Game, you confirm that you are an adult of the legal age in your country or have permission from your parent or guardian. If you are under the legal age, your parent or guardian must agree to these terms. You and your parent or guardian are responsible for all actions related to your account. Some features, like online multiplayer, in-game purchases, and social interactions, may not be available if you are under the age of majority. Providing false information about your age or consent is against our rules and can lead to losing access to the Game. We comply with relevant privacy protection regulations, including but not limited to the Children's Online Privacy Protection Act (“COPPA”), the General Data Protection Regulation (“GDPR”), and the California Consumer Privacy Act (“CCPA”) and do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take prompt steps to delete such information. Providing false age information is a violation of this Agreement and may result in termination of access to the Game. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us immediately at privacygroup@tinybuild.com.
System Requirements. You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use the Game. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use the Game. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.
Online Platform. To access our Game, you may download and install our Game through an online game distribution platform (“Online Platforms”), such as Epic Games Store, Steam, Xbox, PlayStation, or Switch. Your use of the Online Platform and its features, such as online multiplayer modes or in-game purchases, may be subject to the corresponding terms and conditions of the Online Platform. You acknowledge and agree that any access to or use of the Game through an Online Platform is subject to both this Agreement and the terms and conditions of the Online Platform. In the event of a conflict between this Agreement and the terms and conditions of the Online Platform, the terms and conditions of the Online Platform shall govern to the extent of such conflict.
Trial Version. If the Game is provided as a trial, your use may be restricted, including limitations on the playable period, number of users, or other features. You agree to not to use the trial version beyond its expiration or termination. The Game may include technical restrictions to enforce trial limits, which may remain on your device after deletion to prevent reinstalling another trial copy.
OWNERSHIP OF THE GAME
Proprietary and Intellectual Property Rights. “Intellectual Property Rights” include copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and other proprietary rights. Our Game’s “Content” includes all aspects of the Game, such as virtual assets, currencies, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics, audiovisual works, design, characters, icons, upgrades, links, and features and are our exclusive property. The Game and Content are protected by copyright law, international copyright treaties, and other laws. All rights are reserved. The Game may contain certain licensed materials, and our licensors may protect their rights in the event of any breach of this Agreement. All trademarks are the property of their respective owners.
License Grant for the Game. We grant you a non-exclusive, personal, revocable, non-transferable license to download, install, and use the Game for your personal, non-commercial use on devices or consoles you own or control, provided they meet the necessary specifications. You agree that your use of the Game is solely for personal entertainment and has no monetary value.
Unauthorized Use of the Game. Unless expressly authorized by us, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of the Game. You also agree not to use any elements of the Game, or those provided by our affiliates and third-party developers and partners, in connection with any unauthorized product or service. Additionally, you may not use any elements of the Game in a manner that causes consumer confusion, discloses confidential information, or disparages us, our affiliates, or third-party developers and partners. This Agreement does not grant you any license or right to use any elements of the Game in any manner or form other than as part of the Game itself.
Trademarks. The tinyBuild logo, name, and all graphics contained in our Game are trademarks of tinyBuild or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained in our Game should be understood as granting you a license to use any of our trademarks, service marks, logos, or any of our other Intellectual Property Rights. Use, reproduction, copying, or redistribution of any of our Intellectual Property Rights, without our prior written permission is prohibited. All trademarks or service marks appearing on or in our Game that are not owned by us are the marks of their respective owners.
RESTRICTIONS & COMMUNITY GUIDELINES
Restrictions on Use. You may only use the Game for your personal, private, and non-commercial use. Any commercial use of this Game is prohibited, including, without limitation, public performances, contests, and E-sports competitions. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Game or rights to use the Game and/or any downloadable enhancements and products (i.e., virtual goods and/or virtual currency) that the Game may employ.
You agree not to:
i. Make the Game available on a network for use or download by multiple users;
ii. Install the Game on a network or multiple gaming platforms simultaneously;
iii. Use or copy the Game at a computer gaming center or location-based site without a separate written license agreement from us;
iv. Reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or modify the Game, in whole or in part, except as permitted by applicable law;
v. Remove or modify any proprietary notices, marks, or labels contained within the Game;
vi. Restrict or inhibit any other user from using and enjoying the Game and/or its online features;
vii. Use cheats, bots, or other unauthorized programs in connection with the Game's online features;
viii. Violate terms, policies, licenses, or code of conduct for any features, including online features, of the Game; or
ix. Transport, export, or re-export the Game to any country forbidden by U.S. export laws, regulations, or U.S. economic sanctions, or otherwise violate any laws or regulations.
Community Guidelines. We prioritize a fair and respectful gaming environment. This section outlines specific behaviors that are deemed violations of our “Community Guidelines”, applicable across all public spaces, including within the Game, our Discord, and any social media pages we operate.
By participating in in these platforms, you agree not to engage in:
i. Cheating: Using unauthorized third-party software or tools that give an unfair advantage in gameplay, such as aimbots, wallhacks, or similar cheating programs.
ii. Exploiting: Abusing game bugs, glitches, or unintended game mechanics to gain an unfair advantage or disrupt the normal gameplay.
iii. Harassment or Bullying: Engaging in behavior that intimidates, belittles, or harasses other players.
iv. Hate Speech or Discrimination: Using language that is discriminatory or hateful towards any group or individual.
v. Impersonation or Deception: Falsely representing oneself as another player, celebrity, or official.
vi. Inappropriate Content Sharing: Distributing offensive or explicit material.
vii. Griefing or Disruptive Behavior: Deliberately ruining the game experience for others.
Violations may result in enforcement actions, including temporary or permanent bans, as determined by our server administrators or our representatives.
External Contributions Policy. We value your feedback, and while we welcome general suggestions or feedback submitted through designated channels such as official forms or Discord, please refrain from submitting external contributions, including creative ideas, suggestions, or materials (collectively, “Contributions”). If you do, please understand that we may freely use them without any compensation to you. By sharing Contributions with us, you grant us a worldwide, perpetual, irrevocable, non-exclusive right, and license to use them for any purpose, commercial or otherwise. You also agree to take any necessary actions to ensure the validity of these rights.
TERM & TERMINATION
Agreement Effectiveness. This Agreement, and any license granted by it, is effective upon your download, installation, and/or use of the Game and remains effective until terminated by either party. The terms apply to your rights and obligations as they relate to downloaded, installed, or used game content.
User Termination. You may terminate the Agreement at any time by deleting and removing all copies of the Game and Content from the devices on which you have installed it and destroying your copy of the Game and Content in your possession.
Automatic Termination. The Agreement and any license granted by it will terminate automatically if you fail to comply with any term or condition. Upon termination, you will be notified and must cease all use of the Game, immediately delete all copies, and confirm compliance with these actions if requested.
USER GENERATED CONTENT
UGC Creation. We encourage you to broadcast your gameplay, or User Generated Content (“UGC”), on streaming platforms, showcasing your experiences with the Game. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize tinyBuild to use, display, and distribute such UGC on the respective platforms.
License Grant to You. We grant you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Game, and related copyrights and trademarks, for the sole purpose of creating UGC. Your license to use our Game to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
License Grant to tinyBuild. You own your UGC, but by uploading or sharing UGC, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
Responsibility for UGC. You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. By posting your UGC, you represent and warrant that: (i) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (ii) the UGC is accurate and truthful; (iii) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify tinyBuild and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to tinyBuild or its affiliates or third-party developers.
Compliance with Community Guidelines. It is essential to ensure compliance with our Community Guidelines as stated both in this Agreement and in our TOU, as well as any Online Platform policies and terms when creating UGC. You are strictly prohibited from uploading or sharing any UGC that violates this Agreement, our TOU, our Privacy Policy, or our Community Guidelines. We reserve the right to remove any UGC that is in violation of these terms or is deemed objectionable for any reason. tinyBuild has the right, but not the obligation, to monitor and edit or remove any activity or UGC.
Public Areas and Privacy. tinyBuild provides public forums, blogs, and other areas on our websites and across our services for you to create and post UGC. You acknowledge that these areas are public, and you have no expectation of privacy concerning your use of them. You should not communicate any personal information on these public areas because any information you communicate may be seen and used by others and may result in unsolicited communications. We are not responsible for any information you communicate on or through these public areas.
DATA COLLECTION & FEEDBACK
The purchase, download, installation, and use of the Game are also subject to our Privacy Policy (https://www.tinybuild.com/privacy-policy).
Information Collection & Usage. As a condition for tinyBuild granting you a license to use the Game, you agree and consent to tinyBuild’s information collection and usage terms as set forth in this Agreement and tinyBuild’s Privacy Policy. The collection and use of your information may include, but are not limited to, the collection of your information by tinyBuild, its affiliates, vendors, and business partners; and the transfer of your personal information and other gameplay information, including geographic and telemetry data, to tinyBuild’s affiliates, vendors, business partners, and other third parties. You understand and agree that your information may be transferred or used in countries with lower privacy protection standards.
Please note that data related to system specifications, IP addresses, usage reports, and tracking are collected and managed by third-party platforms that support the Game, such as Playfab and Steam, under their respective terms and privacy policies. For more details on how these platforms handle such data, please refer to Playfab’s terms and privacy policy (https://playfab.com/privacy-terms/ and https://playfab.com/terms/) and Steam’s terms and privacy policy (https://store.steampowered.com/eula/ and https://store.steampowered.com/privacy_agreement/).
Voice Communication. The Game includes a voice chat feature, which can be activated by pressing the designated key, allowing players to be heard within a specific range. Our voice chat functionality integrates a third-party voice and text chat service provider. We do not collect, store, or monitor any data from voice chats. Upon starting the Game, you will see an information window about the voice chat feature and must provide explicit consent to use it. If you opt-out, you will not be able to use the voice chat feature, although you will still be able to hear other players who have opted in. Additionally, you have the option to mute the entire voice chat through the game settings but cannot selectively mute individual players.
Important Note on Children's Safety
Voice chat can potentially allow children to communicate with strangers. We strongly advise parents and guardians to supervise their children's use of the Game and to use parental control features provided by gaming platforms.
Although we do not monitor voice chats, we take abusive behavior seriously. On private servers, chat administrators have the capability to monitor voice communications. Players can report abusive behavior through our support page through Online Platforms, support email, or through our official Discord server. Our support team is committed to addressing these reports promptly to ensure a safe and enjoyable gaming experience for all players.
Automated Feedback Software. The Game includes an automatic feedback software that is installed on your device. This software may collect and send data to and from us concerning your use of the Game, including your device’s specification and IP address, any bugs, errors, or defects detected in the operation of the game, feedback on your use of the game, and the performance of the game on your device. This data will be used for the sole purpose of improving the Game and will be subject to the information collection and usage terms set forth in this Agreement and our Privacy Policy.
Online Purchases and Support. When you purchase the Game online, contact our support center, or sign up for our mailing list, we may collect information related to your order (such as your name, Order ID, email address, date of purchase, and a log of the download date/time) for customer service, order fulfillment, and, if opted in, for marketing purposes. Please note, however, that certain data such as the last 4 digits of the card used and IP addresses are stored by our platform partners.
Data Privacy. All data privacy practices, including our collection, use, disclosure, and transfer of your personal information, are subject to our Privacy Policy (https://www.tinybuild.com/privacy-policy), which takes precedence over any other statement in this Agreement. If you do not want your information used or shared as described, do not install or use the Game.
LIMITED WARRANTY & LIABILITY
Warranty Disclaimer. tinyBuild, our affiliates, third-party developers, and partners, provide this Game “AS IS” and on an “AS AVAILABLE” basis. We make no express warranties or guarantees about our Game. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. WE DO NOT GUARANTEE THAT THE GAME WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR UNINTERRUPTED.
Limitation of Liability. tinyBuild, our affiliates, third-party developers, and partners are not liable for any damages from using or being unable to use the Game. THIS LIMITATION INCLUDES DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). This includes damage to devices, except in cases of fraud, death, or personal injury caused by our negligence. If the Game damages your device due to our lack of reasonable care, we may compensate you or repair your device. OUR MAXIMUM LIABILITY AND YOUR SOLE EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Statutory Consumer Rights. Nothing in this Agreement shall limit your statutory consumer rights.
Back-up of Data Files. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse our Game. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
DISPUTE RESOLUTION
Good Faith Attempt. You agree that in the event of a dispute between you and tinyBuild or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration. Binding Arbitration is defined and provided in our TOU at https://www.tinybuild.com/tou. In case of any conflict between this Agreement and the TOU, the provisions of the TOU shall prevail.
Negotiation and Arbitration. If you and tinyBuild cannot resolve a dispute through informal negotiations within thirty (30) days after receiving a notice of dispute, both parties agree to settle any claim or controversy arising out of this Agreement or the Game through binding arbitration, following the rules of the American Arbitration Association. The arbitration will take place in King County, Washington. This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Individual Arbitration and Relief. Claims or controversies will be arbitrated individually. The arbitrator cannot alter the terms of this Agreement and may award equitable relief to enforce its terms, provided that it does not interfere with tinyBuild's rights or ability to distribute or exploit the Game. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis.
Court Proceedings and Applicable Law. If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and maintain such claims in state and federal courts located within King County, Washington. The prevailing party in any action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees. In connection with any dispute between us, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by the laws of the state of Washington and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
DMCA Complaints. tinyBuild respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Any user who is found to have infringed the rights of tinyBuild, its affiliates, third-party developers, partners, or any third-party, or otherwise violated any intellectual property laws or regulations is subject to immediate suspension and/or termination. You agree to comply with any court judgment or conditions imposed due to such claims, including ceasing use of the Game if required. If you believe that your work has been violated on our Websites or on our Services in a way that constitutes copyright infringement, please contact us at support@tinybuild.com.
GOVERNING LAW
Applicable Laws. This Agreement shall be governed by and will be construed in accordance with the laws of, the United States of America and the law of the State of Washington, without regard to choice of law principles.
Exclusion of International Convention. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
Canadian Residents. If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
International Users. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
GENERAL
Changes. It is your responsibility to read, understand, and accept this Agreement in connection with your use of the Game. You acknowledge that we may make changes to this Agreement and to the Game itself, including its features, functionalities, and content, at any time and at our sole discretion. Such changes may be necessary to improve, enhance, or modify the Game, or to comply with legal, security, or policy requirements. You agree that your continued use of the Game after any such changes will constitute your acceptance of the changes. If you do not agree with the changes, you must cease using the Game. You should check this Agreement regularly to stay informed about any changes.
Contact Us. If you provide tinyBuild with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from tinyBuild in electronic form at such email address. Delivery of any Notice from tinyBuild is effective when sent to your email address, regardless of whether you actually receive or read the Notice. You agree to send tinyBuild all legal notices, including notices of dispute and/or notices of infringement, to the address below.
For issues regarding customer support, please contact our support team as follows:
By mail:
ATTENTION: CUSTOMER SUPPORT
tinyBuild LLC
1100 Bellevue Way NE, STE 8A - 317,
Bellevue, Washington 98004
By email: support@tinybuild.com
No Waiver. tinyBuild’s failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, tinyBuild may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. tinyBuild shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of tinyBuild, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Survival. Any provisions of this Agreement that by their nature should survive termination shall survive.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Non-Transferability. The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.
Export Restrictions. You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import the Game or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer the Game or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
US Government Restricted Rights. The Game and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights granted to all other end users under the terms and conditions of this Agreement. tinyBuild reserves all unpublished rights under the copyright laws of the United States.
Entire Agreement. This Agreement constitutes the entire understanding between you and tinyBuild, superseding all prior agreements, whether oral or written. You acknowledge that you entered into this Agreement based solely on the representations and promises expressly stated here. No failure by either party to exercise any right under this Agreement will constitute a waiver of those rights. In case of a conflict between this Agreement and any other terms, this Agreement will prevail.
Controlling Language. The original language of this Agreement is English even if it may be available in other languages. By clicking “I Agree”, you agree that the English version of this Agreement shall control any dispute between you and tinyBuild arising from or related to this Agreement. The English version of this Agreement can be found at https://www.tinybuild.com/sand-eula-en.