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User Agreement
Last Updated: December 4, 2025
This Agreement governs your access and use of products, content, and services offered by Gamebreaking Studios Inc. and its subsidiaries (“Gamebreaking”), such as game software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events hosted by or associated with Gamebreaking (collectively “Gamebreaking Services”). This Agreement is between you and Gamebreaking.
BY USING GAMEBREAKING SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE GAMEBREAKING SERVICES.
1. Gamebreaking Account
You need a Gamebreaking Account to access and use many Gamebreaking Services, including to play online.
To create a Gamebreaking Account, you may need to provide a valid email address and must provide truthful and accurate information. You must be eligible to use the Gamebreaking Service for which you are registering and must be a resident of a country where use of Gamebreaking Services is permitted.
You must be at least 13 years of age (or the minimum age of your country of residence) to create a Gamebreaking Account. If your age is between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or legal guardian must review and agree to this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age (or the age of majority where you live) when using Gamebreaking Services. Gamebreaking recommends that parents and guardians familiarize themselves with parental controls on devices that they provide to their child.
You are responsible for the activity on your Gamebreaking Account; it’s yours, don’t share it. Your Gamebreaking Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
You may cancel your Gamebreaking Account or a subscription to a Gamebreaking Service at any time by contacting player-support@gamebreaking.com . To complete your request, Gamebreaking may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.
2. License
The Gamebreaking Services are licensed to you, not sold. Gamebreaking grants you a personal, limited, non-transferable (i.e., not for sharing), revocable, and non-exclusive license to use the Gamebreaking Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify, or distribute any Gamebreaking Service, Content, or Entitlements (as those terms are defined below), unless expressly authorized by Gamebreaking or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Gamebreaking Services, unless expressly authorized by Gamebreaking or permitted by law. Gamebreaking or its licensors own and reserve all other rights, including all right, title, and interest in the Gamebreaking Services and associated intellectual property rights.
3. Content and Entitlements
The Gamebreaking Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from Gamebreaking Services, as well as the design and appearance of our websites. Content also includes user-generated Content (“UGC”). UGC includes Gamebreaking Account personas, forum posts, profile content, a player’s voice or other audio transmitted as part of social features available in or through Gamebreaking Services, images or other visual material submitted or otherwise contributed to or through Gamebreaking Services, and other Content contributed by users to Gamebreaking Services. All Content is either owned by Gamebreaking or its licensors or is licensed to Gamebreaking and its licensors pursuant to Section 5 below.
Entitlements are rights that Gamebreaking licenses to you to access or use the online or offline elements of Gamebreaking Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments; and virtual points, coins, or currencies.
We refer to these virtual points, coins, or currencies as “Gamebreaking Virtual Currency”. When you obtain Gamebreaking Virtual Currency from us or authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that Gamebreaking expressly makes available to you.
Gamebreaking Virtual Currency has no monetary value and has no value outside of our products and services. Gamebreaking Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Gamebreaking Service. Gamebreaking Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Gamebreaking Virtual Currency. Once you redeem Gamebreaking Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any Gamebreaking Virtual Currency within 180 days from the date of purchase.
You will provide at your own expense the equipment, Internet connection, and charges required to access and use Gamebreaking Services.
4. Availability of Gamebreaking Services and Updates
We do not guarantee that any Gamebreaking Service, Content, or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Gamebreaking Service, Content, or Entitlements for any particular length of time. Gamebreaking does not guarantee that Gamebreaking Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, Gamebreaking may update or modify a Gamebreaking Service, Content, or Entitlements, and/or you may lose access to certain Content or Entitlements without notice if, at our discretion, we must remove such Content or Entitlements from the Gamebreaking Services, for legal, contractual, and licensing obligations, technical limitations, or if the Content or Entitlements could harm Gamebreaking’s reputation. Updates and modifications may be required in order to continue to use Gamebreaking Services.
Gamebreaking may need to update or reset certain parameters to balance gameplay and usage of Gamebreaking Services. These updates or “resets” may cause you setbacks within the relevant game world and may affect characters, games, groups, or other Entitlements under your control.
Gamebreaking may also take actions on your Gamebreaking Account and Entitlements without notice to you to protect you or Gamebreaking, such as preventing unauthorized access, resetting Gamebreaking Account passwords, suspending Gamebreaking Account access, deleting data, or removing Gamebreaking Accounts from Gamebreaking Services. Your availability to Gamebreaking Services may also be affected in response to actual or suspected Rules of Conduct violations, as further described in Section 6\.
5. Your User-Generated Content (UGC)
You are responsible for your UGC. You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, this Agreement, or a third party’s right of privacy or right of publicity.
Gamebreaking may, in its sole discretion, remove, edit, or disable UGC for any reason, including if Gamebreaking reasonably determines that UGC violates this Agreement. Gamebreaking does not assume any responsibility or liability for UGC, for removing it or not removing it or other Content. Gamebreaking does not pre-screen all UGC and does not endorse or approve any UGC available on Gamebreaking Services.
When you contribute UGC, you grant to Gamebreaking, its licensors, and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment, or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on a Gamebreaking Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Gamebreaking Service without further notice, attribution, or compensation to you.
6. Rules of Conduct
These Rules of Conduct apply to all your actions and UGC (defined in Section 3), such as your username, anything that you type in chat, things that you say in voice chat, and image/asset uploads, when you access or use Gamebreaking Services. Specific Gamebreaking Services may identify additional illustrative examples of these rules as they apply to your conduct on those services. If you see something that you think violates these Rules of Conduct, please let us know by using the report features.
When you access or use a Gamebreaking Service, you agree that you and your UGC will comply with these rules:
Respect the Community
We all come from different places and spaces when we log on to play games. Each of us plays a role in helping others feel welcome and included in the game. The following behavior is not permitted on Gamebreaking Services:
Harassment and Bullying
• Any act to harm, intimidate, or coerce others is prohibited. We do not allow any content or behavior that promotes, glorifies, or engages in harassing behavior including bullying, sexual harassment including sharing non-consensual intimate images, trolling, stalking, insults, or slurs.
• We do not allow violent threats, threats to physically harm others, promoting or inciting violence (such as encouraging attacks on others or praising a violent act) or threats to reveal another’s personally identifiable information (PII).
• Don’t engage in any unwanted conduct against any Gamebreaking employee or representative because of their affiliation with Gamebreaking, either on Gamebreaking Services or anywhere else.
Hateful Conduct
• Don’t share or engage in hateful conduct or the promotion of hateful ideologies.
• Don’t discriminate, mock, or promote hatred against people or groups or encourage others to do so on the basis of their race, sexual orientation, gender identity/expression, religion, heritage, age, country of origin, caste, disability, or nationality.
• This includes the use of hate symbols, logos, and imagery. For example, you may not post the Nazi swastika or similar logos of known hate groups or images depicting others as less than human (such as depicting individuals as having animalistic features).
Profanity
• Don’t excessively curse or swear. Don’t try to get away with it by using numbers or symbols in place of letters or by changing the order of the letters in a clearly-offensive word.
Spam
• Don’t send spam to others. This includes sending repetitive messages or deceptive or misleading content to drive engagement or discoverability.
• Don’t engage in other behaviors that are meant to mislead others, including posting a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes, and other types of solicitation or commercial activities.
Suicide, Self-Harm, and Harmful Behavior
• Don’t post or share content that glorifies, promotes, or encourages suicide, self-harm, eating disorders, or other activities that may lead to physical harm.
• Don’t promote, encourage, provide instruction for, or normalize suicide, self-harm, or eating disorders. This includes content that normalizes self-inflicted physical injuries (such as cutting) and eating disorders (such as bulimia and anorexia).
• Don’t publish, post, upload, or distribute any material that would constitute, encourage, or provide instructions for criminal offenses or dangerous activities or challenges. This includes dares, games, and pranks such as ingesting harmful substances, dangerous stunts, inappropriately using dangerous tools or weapons, or other harmful or dangerous acts that have a risk of serious harm.
Unauthorized Sharing of Private Information
• Don’t share people’s private information.
• Don’t disrespect others’ privacy or put the privacy or security of others at risk. Do not publish, post, or share other people’s private information (also called “doxing”) or incentivize or encourage others to do so.
• Don’t use information about users publicly available in any Gamebreaking Service (such as on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world. Don’t dox our employees, players, or partners.
Impersonation
• Don’t impersonate another person, group, or organization or misrepresent your identity to mislead others about who you are or who you represent. This includes impersonating a Gamebreaking employee or representative.
• If a Gamebreaking Service requires you to create a “username” or a “persona” to represent yourself in-game and online, you should not use a username or persona that is used by someone else or one that Gamebreaking determines is vulgar, offensive, or violates someone else’s rights. You should also not use your real name in your “username” or “persona”.
Sexual Content
• Don’t post or share content that depicts sexual activity. We do not allow content that references or depicts sexual activity including pornography, nudity, and graphic sexual acts. For example, depicting a flirty relationship with full coverage intimate clothing is okay; depicting a graphic sexual act is not.
Extreme Violence, Gore, or Other Obscene Content
• Don’t share or engage with content that features extreme violence, gore, or other obscenities. Although some Gamebreaking experiences include weapons and violence, content that features extreme or gratuitous violence and gore is not allowed. This includes content depicting death or extreme injury.
Fair Play
Play games the way that they are meant to be played. Cheating and disruptive behavior risks the fairness of the game for everyone. The following types of behavior are not permitted in Gamebreaking Services:
Cheating
• Don't engage or assist in cheating or other anti-competitive behavior.
• Don’t use or distribute unauthorized hardware, accessories, or software programs and tools such as aimbots or triggerbots or otherwise use exploits, cheats, and undocumented features, design errors, or bugs.
• Don’t use bugs, exploits, or other unintended game or platform interactions to gain in-game items or other entitlements.
• If you find an exploit or bug, you can let us know by reporting it at player-support@gamebreaking.com .
Disruptive Behavior
• Don't engage in disruptive behavior, make it harder for someone else to play the game, or engage in any other activity that disrupts the peaceful, fair, and respectful gaming environment of a Gamebreaking Service.
• Don’t use software that damages, interferes, or disrupts a Gamebreaking Service or another’s computer or property, including but not limited to: denial of service attacks, spamming, hacking, cracking, or uploading malware.
• Don’t perform disruptive in-game actions, such as intentionally killing teammates, purposefully losing, blocking a teammate’s ability to move, harassing players during live streams (such as stream sniping), or blocking access to an item or access point that is affecting gameplay for other players.
• Don’t collude with other players to manipulate matchmaking, matches, or results unfairly.
• Don’t disrupt the normal flow of gameplay within a Gamebreaking Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (in voice chat or all caps in text chat), spamming, abusing formatting options in chat (such as extra large fonts or using repeated symbols or characters), flooding, or hitting the return key repeatedly.
• When using voice chat, be mindful of what others can hear and consider using push-to-talk rather than keeping your mic open at all times.
Abuse or Misuse Gamebreaking Services
• Don’t use any robot, spider, or other automated device or process to access Gamebreaking Services such as scraping data, text and data mining, account creation, or copying material.
• Don’t use Gamebreaking Services or Content to train any artificial intelligence, machine learning models, or other similar networks, algorithms, or systems.
• Don’t attempt to circumvent prior Gamebreaking enforcement actions, including through the creation of new accounts after being removed for violating our policies.
• Don’t use or distribute counterfeit software or Gamebreaking Content, including Gamebreaking Virtual Currency.
• Don’t intentionally obfuscate your network connection, location, or metadata to gain access to a Gamebreaking Service or make purchases.
• Don’t attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Gamebreaking Services.
• Don’t sell, buy, trade, share, or transfer your Gamebreaking Account, Content, or Entitlements, either temporarily or permanently. You can’t share a Gamebreaking Account with anyone, even a family member.
• Don’t provide, acquire, assist, or engage in account boosting services.
• Don’t promote or be involved in in-game currency buying, selling, or farming. This means don’t use bots, go through a third-party, or use other unauthorized methods to gain in-game currency. This includes buying, selling, or trading in-game currency for real-world money or value.
• Don’t use our services for fraud or attempt to circumvent our systems, such as through mass account creation for illegitimate purposes, deliberately making multiple payment or refund requests for the same content, using compromised accounts, or falsifying your connection to our services.
• Don’t make use of any payment methods or refund systems to access, purchase, or refund Gamebreaking Services for fraudulent purposes, without permission of the authorized owner, or otherwise concerning a criminal offense or other unlawful activity.
• Don’t use a Gamebreaking Service in a country in which Gamebreaking is prohibited from offering such services under applicable export control laws.
• Don’t modify any file or any other part of the Gamebreaking Service that Gamebreaking does not specifically authorize you to modify.
• Don’t abuse reporting tools. While we always welcome feedback, don’t abuse in-game support or complaint buttons by making false reports to Gamebreaking staff.
Follow Local Laws
• To make things safe for everyone, keep things legal, whether in-game, in real life, or anywhere else, and report any illegal or harmful behavior, especially if it has the potential to endanger others. We don’t allow any content that promotes, incites, instructs, or depicts the following:
Terrorism
• Don’t promote, organize, or support violent extremism. We do not allow content that depicts or supports terrorism, violent extremist groups, or other hateful entities. When we become aware of content containing pro-terror material on our services, Gamebreaking reports the content to the appropriate authorities.
Child Exploitation
• Don’t engage in any content or activity that endangers minors.
• We have zero-tolerance for any material that features or promotes child sexual exploitation. Don’t engage in any activity that exploits, endangers, or threatens to harm children, including sharing or requesting sexually explicit content or sexualized images of minors. When we become aware of content containing child sexual exploitation and abuse on our services, Gamebreaking reports the content to the appropriate authorities.
• You may not promote or engage with content that facilitates predatory sexual behavior or inappropriate interactions with minors, including grooming, sextortion, and sexual solicitation. When we become aware of content containing child sexual exploitation on our services, Gamebreaking reports the content to the appropriate authorities.
Regulated Goods and Services
• Don’t engage in illegal activities or use Gamebreaking Services to sell, buy, promote, or facilitate transactions in illegal or regulated goods or services including drugs and controlled substances, weapons, or counterfeit goods.
Intellectual Property
• Don’t upload or distribute content that violates anyone’s intellectual property or other rights or use Gamebreaking Services to engage in any intellectual property crime or illegal activity. Infringing content includes but is not limited to copyrighted characters, individuals’ names or likenesses, or protected logos or designs.
Other Illegal Activity
• Don’t use Gamebreaking Services to engage, promote, or organize any other illegal activity, such as human trafficking or sexual solicitation.
7. Games
This Section applies to Gamebreaking’s games and game subscriptions (“Gamebreaking Games”), including Gamebreaking Games that run on a Personal Computer (“Gamebreaking PC Games”).
A. Technical and Content Protection Measures
Gamebreaking utilizes technical or content protection measures, developed by Gamebreaking or third-party partners, for Gamebreaking Services in order to prevent piracy and the unauthorized copying or use of Gamebreaking Games. Attempting to circumvent, disable, or tamper with these measures shall terminate this license.
B. Monitoring and Anti-Cheat Measures
Gamebreaking utilizes technologies to detect and prevent cheating in the use of Gamebreaking Services, and in particular, Gamebreaking Games. These technologies may be developed by Gamebreaking or a third party.
When you launch an online-capable game, these technologies may activate using kernel, admin, or user privileges and monitor and collect from your gameplay and device’s RAM or other memory, processes, visuals, communications, and file storage for the purposes of detecting violations of, and enforcing, the Rules of Conduct in Section 6, including the use of Unauthorized Third-Party Programs. An Unauthorized Third-Party Program is a third-party program or file (such as an “add-on”, “mod”, “hack”, “trainer”, or “cheat”) that Gamebreaking believes (i) enables or facilitates cheating of any type; (ii) allows users to bypass, modify, or hack the game interface, environment, protections, and/or experience in any way not expressly authorized by Gamebreaking; or (iii) intercepts, “mines”, or otherwise collects information from or through the game.
Gamebreaking may collect relevant information needed for our investigation and enforcement purposes such as your account information, details related to an Unauthorized Third-Party Program, any Gamebreaking PC Game files that were modified, and times that cheating was detected. We also may terminate your License and your Gamebreaking Account if we determine that you have been cheating.
When you exit an online-capable game, these anti-cheat technologies will be deactivated.
8. Termination and Other Sanctions
This Agreement is effective until terminated by you or Gamebreaking. Gamebreaking may terminate your access and use of any Gamebreaking Services or your Gamebreaking Account if Gamebreaking determines that you have violated this Agreement or that there has been otherwise unlawful, improper, or fraudulent use of Gamebreaking Services on your Gamebreaking Account. Gamebreaking may or may not notify you at its discretion of any termination of your Gamebreaking Account, and you may lose your username and persona as a result. If you have more than one Gamebreaking Account, depending on the type of violation or misuse, Gamebreaking may terminate all of your Gamebreaking Accounts and all related Entitlements. If your Gamebreaking Account is terminated, you will not have access to your Gamebreaking Account or Entitlements and may be barred from accessing or using any Gamebreaking Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of terminating your Gamebreaking Account, Gamebreaking may alternatively issue you a warning, suspend, or alter your access to a particular Gamebreaking Service or your Gamebreaking Account, remove or revoke Entitlements at a Gamebreaking Account or device level, remove or delete any Content which is in violation of this Agreement, or ban your device or machine from accessing specific Gamebreaking Services with or without notifying you at its discretion. If Gamebreaking takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement. Actions are cumulative, and repeated rule-breaking may result in your Gamebreaking Account being terminated.
Gamebreaking may terminate any Gamebreaking Service at any time by giving at least thirty days’ notice either via email (if available), within the affected Gamebreaking Service, as news on the Steam Platform (if the Gamebreaking Service is available via the Steam Platform), or any other communication channel previously used for distributing information about the Gamebreaking Service. After online service termination, no software updates will be applied to our games, and we can’t guarantee that our games will continue to function on newer or updated operating systems or be available for download via application distribution services such as the iOS App Store and the Google Play Store. Any games available via such application distribution services after online service termination may be removed without further notice to you.
If you believe that an action has been taken against your Account or device in error, please contact player-support@gamebreaking.com .
If you terminate this Agreement, you agree to cease all use of Gamebreaking Services.
Sections 5, 8-9, and 11-14 of this Agreement survive termination of this Agreement.
9. Use of Data
When you use a Gamebreaking Service, Gamebreaking may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP address and device ID), information about your Gamebreaking Service usage, gameplay and usage statistics, system interactions, and peripheral hardware. If you play a Gamebreaking Service offline, this data will be stored on your device and transmitted to Gamebreaking when your device connects to the Internet. Gamebreaking uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement, and troubleshoot bugs or otherwise enhance your experience. If you participate in online services, Gamebreaking also may collect, use, store, transmit, and publicly display statistical data regarding gameplay (including scores, rankings, and accomplishments) or identify content that is created and shared by you with other players.
Your data is collected, used, stored, and transmitted by Gamebreaking, in accordance with Gamebreaking’s Privacy Policy at https://www.gamebreaking.com/privacy_policy.
You can manage certain data collection preferences by contacting player-privacy@gamebreaking.com .
10. Other Software, Utilities, and Tools
Gamebreaking Services may require or allow you to download software, software updates or patches, or other utilities and tools from Gamebreaking or its licensors onto your computer, entertainment system, or device. These technologies may be different across platforms, and the performance of Gamebreaking Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of a Gamebreaking Service. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to Gamebreaking automatically installing any available updates for Gamebreaking Services. Failure to install available updates may render Gamebreaking Services, including Gamebreaking PC Games, unplayable.
11. Third Parties
Some Gamebreaking Services may give you the option of playing on servers not owned or controlled by Gamebreaking. Gamebreaking does not control those services and is not responsible for your use of the Gamebreaking Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
Gamebreaking Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. Gamebreaking does not control those sites and is not responsible for their content or for their collection, use, or disclosure of personal information.
12. Warranties; Limitation of Liability
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM, OR SWITZERLAND, THE GAMEBREAKING SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL, AND NO OTHER PROMISES OR WARRANTIES ABOUT THE GAMEBREAKING SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM, AND SWITZERLAND, GAMEBREAKING SERVICES ARE LICENSED AND PROVIDED “AS IS”. YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, GAMEBREAKING GIVES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR PRACTICE. GAMEBREAKING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR GAMEBREAKING SERVICE; THAT THE GAMEBREAKING SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE GAMEBREAKING SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES; OR THAT GAMEBREAKING SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. GAMEBREAKING DOES NOT WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED.
IF YOU LIVE IN THE EEA, UNITED KINGDOM, OR SWITZERLAND, GAMEBREAKING AND ITS EMPLOYEES, LICENSORS, AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY’S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM, AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GAMEBREAKING AND ITS EMPLOYEES, LICENSORS, AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY GAMEBREAKING’S BREACH OF THIS AGREEMENT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOST INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR GAMEBREAKING SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY, OR OTHERWISE. IT ALSO APPLIES EVEN IF GAMEBREAKING KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE GAMEBREAKING SERVICE. GAMEBREAKING DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
If you purchased a physical copy of a Gamebreaking Service from a physical retail store in the United States, and you do not agree to the terms of this Agreement and have not installed or used the Gamebreaking Service, you may return it for a refund or exchange within thirty (30) days from the date of purchase to the original place of purchase by following the instructions for return available by contacting player-support@gamebreaking.com .
13. General Terms
A. Entire Agreement
This Agreement, together with any other Gamebreaking terms that govern your use of Gamebreaking Services, constitutes the entire agreement between you and Gamebreaking. The Agreement may not be amended or modified unless made in writing and signed by Gamebreaking. The failure of Gamebreaking to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
B. Governing Law
This Agreement is between you and Gamebreaking Studios Inc., 300 Spectrum Center Dr, STE 400, Irvine, CA 92618, USA. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of Gamebreaking Services. You expressly agree that for claims and disputes, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or Gamebreaking Services shall be the federal or state courts that govern Orange County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.
C. Export
You agree to follow U.S. and other export control laws and agree not to transfer a Gamebreaking Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge that you are not a person with whom Gamebreaking is prohibited from doing business under these export control laws.
14. Changes to this Agreement
Gamebreaking reserves the right to modify this Agreement at any time, effective upon posting an updated version of the Agreement at http://gamebreaking.com or through Gamebreaking Services. If we make any material changes to the Agreement, we will notify you to obtain your consent. You should regularly review this Agreement, as your continued use of Gamebreaking Services after any such changes constitutes your agreement to those changes. If you do not agree to this Agreement or any modifications to this Agreement, you should immediately cease using Gamebreaking Services.
15. Platform Disclosures
The disclosures below apply to Gamebreaking games on specific platforms and may vary by country. Some games may also have their own disclosures.
Console Disclosures
These terms apply to our games on consoles:
Acceptance of the Gamebreaking User Agreement and the Privacy Policy are required to play. An Internet connection, Gamebreaking Account, and applicable platform account may be required to access online features and additional content.
Age restrictions apply.
Mandatory content updates may be downloaded automatically, which require additional storage, may incur bandwidth usage fees, and may require an additional purchase to access. Gamebreaking may provide certain free incremental content or updates.
PC Disclosures
These terms apply to our Gamebreaking app games on PC:
An Internet connection, Gamebreaking Account, acceptance of the Gamebreaking User Agreement and the Privacy Policy, installation of the Gamebreaking app client, and registration with a single-use product code are required to play and access content, digital entitlements from PC Storefronts, and online features.
Product code registration is limited to one Gamebreaking Account per code. Product codes are non-transferable once used and are valid, at a minimum, so long as online features are available.
You must be 13+ to access some features. Gamebreaking may provide free incremental content or updates. Additional in-game content may be purchased. Mandatory content updates may be downloaded automatically and require additional storage, incur bandwidth usage fees, and require an additional purchase to access.
These terms apply to our games purchased on Steam:
An Internet connection, Gamebreaking Account, Steam Account, and acceptance of the Gamebreaking User Agreement are required to play. Gamebreaking’s Privacy Policy applies to your use of Gamebreaking’s Services.
Download and installation of the Gamebreaking app client may be required to play.
Some games require you to link your Steam Account with your Gamebreaking Account. Gamebreaking will share your Account ID and individual game and play records with Steam to validate your purchases and refund requests. Access to content is limited to one Gamebreaking Account and one Steam Account and is non-transferable.
You must be 13+ to access some features. Gamebreaking may provide free incremental content or updates. Additional in-game content may be purchased. Mandatory content updates may be downloaded automatically and require additional storage, incur bandwidth usage fees, and require an additional purchase to access.
These terms apply to our games purchased on the Epic Games Store:
An Internet connection, a Gamebreaking Account, and an Epic Games Account, acceptance of the Gamebreaking User Agreement, and installation and background use of the Gamebreaking app client are required to play. Gamebreaking’s Privacy Policy applies to your use of Gamebreaking’s Services.
Gamebreaking online activation is required. You must link your Gamebreaking Account to your Epic Games Account to play. Gamebreaking will share your Account ID and individual game and play records with Epic Games to validate your purchase and refund requests.
Software incorporates 3rd party Digital Rights Management (DRM).
These terms apply to our games on Amazon Luna:
An Internet connection, Amazon Account, Gamebreaking Account, and acceptance of the Gamebreaking User Agreement and Privacy Policy are required to play games via Luna cloud streaming. An Amazon Prime subscription (sold separately) is required to play purchased games on Luna cloud streaming. Playing certain games available in the Luna+ catalog on Luna cloud streaming requires a Luna+ subscription (sold separately). You must link your Gamebreaking and Amazon Accounts to play. Gamebreaking will share your Account ID and individual game and play records with Amazon. Access to software content is limited to one Gamebreaking and one Amazon Account and is non-transferable after purchase. You must be 13+ to register for a Gamebreaking Account. Age restrictions apply. Some content may require gameplay to unlock. Gamebreaking may provide certain free incremental content and/or updates.
Downloadable Content
Some of our games and services offer downloadable content. Downloadable content requires the base game (sold separately), all of its game updates, an Internet connection, and may require a Gamebreaking Account.
16. Health Information
Precautions to Take When Playing Video Games
• Do not stand too close to the screen;
• Preferably play the game on a small screen;
• Avoid playing if you are tired or have not had much sleep;
• Make sure that the room in which you are playing is well lit; and
• Rest for at least 10 to 15 minutes per hour while playing a video game.
Epilepsy Warning - Please read the following before playing our games or allowing your children to play them.
Some people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life and may have a seizure while watching television images or playing certain video games. This may happen even if they have no medical history of epilepsy or have never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor before playing.
Parents should monitor their children’s video game use. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, or any involuntary movement or convulsion while playing a video game, discontinue use IMMEDIATELY and consult your doctor.
Virtual Reality (VR)
To play Gamebreaking VR content, you need to have a compatible VR headset and may need additional hardware.
To make the most of your VR experience, take care to do the following before you play to limit the risk of injury or other adverse impacts on your health:
• Read any health and safety warnings in your VR headset manual. See below for links to important health information for major headset manufacturers;
• Make sure that you have plenty of space to play and remove any obstacles. This includes making sure that other people or pets don’t interrupt your play as you may not be able to see or hear everything around you while playing;
• Sound volumes should be kept at a low enough level so that you can be aware of your surroundings while playing and to avoid any damage to your hearing; and
• If you have experienced epileptic symptoms in the past, you should speak to your doctor before playing VR.
While playing a game using VR, please do the following:
• It is best to stay seated;
• Take breaks every 10 to 15 minutes; and
• Stop playing immediately if you feel disoriented, unwell, or experience any other discomfort. Some users may experience motion sickness, repetitive motion injuries, and eyestrain as the result of using VR.
Review the information for the hardware that you are using carefully before playing your VR game.
a. PlayStation Health Warnings at https://www.playstation.com/en-us/network/legal/health-warnings/
b. HTC Vive Safety and Regulatory Guide at https://dl4.htc.com/vive/safty_guide/91H02887-08M%20Rev.A.PDF?_ga=1.174055779.1348312037.1468207042
c. Valve Index Safety Information at https://steamcdn-a.akamaihd.net/store/valve_index/ValveIndexSafetyAndMaintenanceInfo.pdf
d. Oculus Rift and Samsung Gear VR Health and Safety Warnings at https://www.meta.com/legal/quest/health-and-safety-warnings/
e. Google Cardboard at https://vr.google.com/cardboard/product-safety/