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Twisted Jam – End User License Agreement
Limited Software Warranty; License Agreement, and Information Use Disclosures
This document may be updated from time to time and the current version will be posted at Steam. Your continued use of this Software after a revised version has been posted constitutes acceptance by you of its terms.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING TUTORIAL(S), PACKAGING AND OTHER WRITTEN, FILES, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION (IF ANY) PROVIDED BY LICENSOR, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH ETYMORPH STUDIOS, LLC. (“LICENSOR”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE.
I. LICENSE
LICENSE: Subject to this Agreement and its terms and conditions, Licensor hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or Licensor’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Licensor.
OWNERSHIP: Licensor retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the US or their local country. The Software may contain certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.
LICENSE CONDITIONS.
You agree not to:
Commercially exploit the Software;
Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor or as set forth in this Agreement;
Make a copy of the Software or any part thereof (other than as set forth herein);
Make a copy of this Software available on a network for use or download by any other user(s);
Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
Copy the Software onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies in whole or in part that may be made by the Software itself during installation in order to run more efficiently);
use or copy the Software at a computer gaming center or any other location-based site; provided, that, upon request, Licensor may offer you a separate site license agreement to make the Software available for commercial use;
Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Software, in whole or in part;
Remove or modify any proprietary notices, marks or labels contained on or within the Software; and
transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING DIGITAL COPIES: Software download, redemption of a unique serial code, registration of the Software, membership in a third-party services and/or membership in a Licensor service (including acceptance of related terms and policies), may be required to access digital copies of the Software or certain un-lockable, downloadable, online or other special content, services, and/or functions (collectively, the “Special Features”). Access to Special Features is limited to a single user account per serial code and access to Special Features cannot be transferred, sold, or re-registered by another user unless otherwise specified. The provisions of this paragraph supersede any other term in this Agreement.
TRANSFER OF PRE-RECORDED COPIES: You may transfer the entire physical copy of pre-recorded Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software or accompanying documentation, and the recipient agrees to the terms of this Agreement. Special Features, including content otherwise unavailable without a single-use serial code, are not transferrable to another person under any circumstances and Special Features may cease functioning if the original installation copy of the software is deleted or the pre-recorded copy is unavailable to the user. The Software is intended for private use only. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER ANY PRE-RELEASE COPIES OF THE SOFTWARE.
TECHNICAL PROTECTIONS: The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the Software permits access to Special Features, only one copy of the Software may access those features at one time. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly, and the license granted hereunder shall immediately terminate.
USER CREATED CONTENT: The Software may allow you to create content, including but not limited to a gameplay map, screenshot or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of creation, paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this License.
COMMUNITY GUIDELINES: In addition to any community guidelines that may be applicable to your use of the Software when playing on any multiplayer platform (including the Steam Network Code of Conduct found at Steam Online Conduct), the following Etymorph Studios Guidelines are intended to ensure a fun and safe environment for playing the Software and interacting with other players. You agree to abide by these guidelines and understand that violating them may result in revocation of the Software license granted to you and access to any of our services.
You agree to:
Respect and Inclusivity.
* Treat all players with respect, regardless of their background, age, gender, race, ethnicity, religion, or sexual orientation.
* Encourage and support inclusivity, fostering a welcoming environment where everyone feels safe and accepted.
Fair Play.
* Do not engage in cheating, hacking, or exploiting glitches in order to gain an unfair advantage over others.
* Encourage a level playing field by promoting fair competition and sportsmanship.
* Report any suspicious or malicious behavior to us.
Intellectual Property.
* Respect the intellectual property rights of others.
* Do not create, distribute, or upload content that infringes upon copyrighted material without proper authorization.
* If you suspect any violation of intellectual property rights, report it to us.
Content Guidelines.
* Ensure that your content does not invade the privacy of others.
Collaboration and Communication.
* Encourage positive and constructive communication within the Twisted Jam community.
* Do not engage in harassment, cyberbullying, or stalking behavior.
* Report any inappropriate or harmful behavior to us.
Privacy and Security.
* Protect your personal information and others’ privacy. Do not share personal information, such as real names, addresses, or phone numbers.
* Report any attempts to scam, phish, or compromise the security of players or the game.
* Be vigilant and report any suspicious activity or attempts to exploit vulnerabilities within the game.
Remember, these community guidelines are meant to support a thriving and welcoming community. By adhering to these principles, you contribute to the positive atmosphere and help create an enjoyable experience for all players. Licensor has the final say in enforcing these guidelines, and any violation may result in penalties, including temporary or permanent suspension from the game.
INTERNET CONNECTION: The Software will require an internet connection to access internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service. Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.
I. INFORMATION COLLECTION & USAGE.
By installing and using this software, you consent to these information collection and usage terms. If you connect to the Internet when using the Software, through Steam network, Licensor may receive information from hardware manufacturers or gaming platform hosts and may automatically collect certain information from your computer or gaming unit. This information may include, but is not limited to, user IDs (such as gamer tags and screen names), game scores, game statistics, game achievements, game performance, locations visited, friends list, hardware MAC address, internet protocol address, and your usage of various game features. All information collected by Licensor is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID, then such personal information will automatically be transmitted to Licensor and used as described herein.
The information collected by Licensor may be posted by Licensor on publicly accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with Licensor’s marketing partners or used by Licensor for any other lawful purpose. By using this Software, you consent to the Licensor’s use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use the Software.
Disclaimers and Limitation of Liability:
Twisted Jam includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic and Etymorph materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Etymorph Studios LLC, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic and Etymorph materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic and Etymorph know or have reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Etymorph Studios LLC, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic and Etymorph Materials will operate properly, including as integrated in Twisted Jam, (2) that the Epic and Etymorph Materials will meet your requirements, (3) that the operation of the Epic and Etymorph Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic and Etymorph Materials can or will be corrected, (5) that the Epic and Etymorph Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this product, or will not revoke approval of this product for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Etymorph Studios LLC and Epic. Etymorph Studios LLC, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials and Etymorph Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Etymorph Studios LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of Etymorph Studios LLC’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic and Etymorph Materials or otherwise in connection with this agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Etymorph Studios LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of Etymorph Studios LLC’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this agreement or the Epic Materials and Etymorph Materials, or the delay or inability to use or lack of functionality of the Epic Materials and Etymorph Materials, even in the event of Etymorph Studios LLC’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Etymorph Studios LLC, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Etymorph Studios LLC, Epic, Epic’s licensors, its and their affiliates, and any of Etymorph Studios LLC’s or Epic’s service providers shall be limited to the full extent permitted by law.
TERMINATION: This Agreement is effective until terminated by you, by the Licensor, or automatically upon your failure to comply with its terms and conditions. Upon any termination you must permanently destroy all copies of the Software, accompanying documentation, associated materials, tutorials and all of its component parts in your possession or control including from any client server or computer on which it has been installed.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Date and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.
EQUITABLE REMEDIES: You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
GOVERNING LAW: This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Florida, as such law is applied to agreements between Florida residents entered into and to be performed within Florida, except as governed by federal law. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (Seminole County, Florida, U.S.A.). Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Florida state or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE OR PRIVACY ISSUES, YOU MAY CONTACT US IN WRITING AT:
ETYMORPH STUDIOS LLC
etymorphstudios@gmail.com
Limited Software Warranty; License Agreement, and Information Use Disclosures
This document may be updated from time to time and the current version will be posted at Steam. Your continued use of this Software after a revised version has been posted constitutes acceptance by you of its terms.
THIS SOFTWARE IS LICENSED, NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE “AGREEMENT”) AND THE TERMS SET FORTH BELOW. THE “SOFTWARE” INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING TUTORIAL(S), PACKAGING AND OTHER WRITTEN, FILES, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION (IF ANY) PROVIDED BY LICENSOR, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE, INSTALLING, AND/OR USING THE SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE SOFTWARE, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH ETYMORPH STUDIOS, LLC. (“LICENSOR”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE.
I. LICENSE
LICENSE: Subject to this Agreement and its terms and conditions, Licensor hereby grants you the nonexclusive, non-transferable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or Licensor’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Licensor.
OWNERSHIP: Licensor retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the US or their local country. The Software may contain certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.
LICENSE CONDITIONS.
You agree not to:
Commercially exploit the Software;
Distribute, lease, license, sell, rent or otherwise transfer or assign the Software, or any copies of the Software, without the express prior written consent of Licensor or as set forth in this Agreement;
Make a copy of the Software or any part thereof (other than as set forth herein);
Make a copy of this Software available on a network for use or download by any other user(s);
Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time;
Copy the Software onto a hard drive or other storage device in order to bypass the requirement to run the Software from the included CD-ROM or DVD-ROM (this prohibition does not apply to copies in whole or in part that may be made by the Software itself during installation in order to run more efficiently);
use or copy the Software at a computer gaming center or any other location-based site; provided, that, upon request, Licensor may offer you a separate site license agreement to make the Software available for commercial use;
Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Software, in whole or in part;
Remove or modify any proprietary notices, marks or labels contained on or within the Software; and
transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
ACCESS TO SPECIAL FEATURES AND/OR SERVICES, INCLUDING DIGITAL COPIES: Software download, redemption of a unique serial code, registration of the Software, membership in a third-party services and/or membership in a Licensor service (including acceptance of related terms and policies), may be required to access digital copies of the Software or certain un-lockable, downloadable, online or other special content, services, and/or functions (collectively, the “Special Features”). Access to Special Features is limited to a single user account per serial code and access to Special Features cannot be transferred, sold, or re-registered by another user unless otherwise specified. The provisions of this paragraph supersede any other term in this Agreement.
TRANSFER OF PRE-RECORDED COPIES: You may transfer the entire physical copy of pre-recorded Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software or accompanying documentation, and the recipient agrees to the terms of this Agreement. Special Features, including content otherwise unavailable without a single-use serial code, are not transferrable to another person under any circumstances and Special Features may cease functioning if the original installation copy of the software is deleted or the pre-recorded copy is unavailable to the user. The Software is intended for private use only. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER ANY PRE-RELEASE COPIES OF THE SOFTWARE.
TECHNICAL PROTECTIONS: The Software may include measures to control access to the Software, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the Software permits access to Special Features, only one copy of the Software may access those features at one time. Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid license can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly, and the license granted hereunder shall immediately terminate.
USER CREATED CONTENT: The Software may allow you to create content, including but not limited to a gameplay map, screenshot or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Licensor an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of creation, paternity, publication, reputation, or attribution with respect to Licensor’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this License.
COMMUNITY GUIDELINES: In addition to any community guidelines that may be applicable to your use of the Software when playing on any multiplayer platform (including the Steam Network Code of Conduct found at Steam Online Conduct), the following Etymorph Studios Guidelines are intended to ensure a fun and safe environment for playing the Software and interacting with other players. You agree to abide by these guidelines and understand that violating them may result in revocation of the Software license granted to you and access to any of our services.
You agree to:
Respect and Inclusivity.
* Treat all players with respect, regardless of their background, age, gender, race, ethnicity, religion, or sexual orientation.
* Encourage and support inclusivity, fostering a welcoming environment where everyone feels safe and accepted.
Fair Play.
* Do not engage in cheating, hacking, or exploiting glitches in order to gain an unfair advantage over others.
* Encourage a level playing field by promoting fair competition and sportsmanship.
* Report any suspicious or malicious behavior to us.
Intellectual Property.
* Respect the intellectual property rights of others.
* Do not create, distribute, or upload content that infringes upon copyrighted material without proper authorization.
* If you suspect any violation of intellectual property rights, report it to us.
Content Guidelines.
* Ensure that your content does not invade the privacy of others.
Collaboration and Communication.
* Encourage positive and constructive communication within the Twisted Jam community.
* Do not engage in harassment, cyberbullying, or stalking behavior.
* Report any inappropriate or harmful behavior to us.
Privacy and Security.
* Protect your personal information and others’ privacy. Do not share personal information, such as real names, addresses, or phone numbers.
* Report any attempts to scam, phish, or compromise the security of players or the game.
* Be vigilant and report any suspicious activity or attempts to exploit vulnerabilities within the game.
Remember, these community guidelines are meant to support a thriving and welcoming community. By adhering to these principles, you contribute to the positive atmosphere and help create an enjoyable experience for all players. Licensor has the final say in enforcing these guidelines, and any violation may result in penalties, including temporary or permanent suspension from the game.
INTERNET CONNECTION: The Software will require an internet connection to access internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service. Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the Software may not operate or may cease to function properly, either in whole or in part.
I. INFORMATION COLLECTION & USAGE.
By installing and using this software, you consent to these information collection and usage terms. If you connect to the Internet when using the Software, through Steam network, Licensor may receive information from hardware manufacturers or gaming platform hosts and may automatically collect certain information from your computer or gaming unit. This information may include, but is not limited to, user IDs (such as gamer tags and screen names), game scores, game statistics, game achievements, game performance, locations visited, friends list, hardware MAC address, internet protocol address, and your usage of various game features. All information collected by Licensor is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID, then such personal information will automatically be transmitted to Licensor and used as described herein.
The information collected by Licensor may be posted by Licensor on publicly accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with Licensor’s marketing partners or used by Licensor for any other lawful purpose. By using this Software, you consent to the Licensor’s use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should not use the Software.
Disclaimers and Limitation of Liability:
Twisted Jam includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic and Etymorph materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Etymorph Studios LLC, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic and Etymorph materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic and Etymorph know or have reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Etymorph Studios LLC, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic and Etymorph Materials will operate properly, including as integrated in Twisted Jam, (2) that the Epic and Etymorph Materials will meet your requirements, (3) that the operation of the Epic and Etymorph Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic and Etymorph Materials can or will be corrected, (5) that the Epic and Etymorph Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this product, or will not revoke approval of this product for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Etymorph Studios LLC and Epic. Etymorph Studios LLC, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials and Etymorph Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Etymorph Studios LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of Etymorph Studios LLC’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic and Etymorph Materials or otherwise in connection with this agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Etymorph Studios LLC, Epic, Epic’s licensors, nor its or their affiliates, nor any of Etymorph Studios LLC’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this agreement or the Epic Materials and Etymorph Materials, or the delay or inability to use or lack of functionality of the Epic Materials and Etymorph Materials, even in the event of Etymorph Studios LLC’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Etymorph Studios LLC, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Etymorph Studios LLC, Epic, Epic’s licensors, its and their affiliates, and any of Etymorph Studios LLC’s or Epic’s service providers shall be limited to the full extent permitted by law.
TERMINATION: This Agreement is effective until terminated by you, by the Licensor, or automatically upon your failure to comply with its terms and conditions. Upon any termination you must permanently destroy all copies of the Software, accompanying documentation, associated materials, tutorials and all of its component parts in your possession or control including from any client server or computer on which it has been installed.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Date and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.
EQUITABLE REMEDIES: You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
GOVERNING LAW: This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Florida, as such law is applied to agreements between Florida residents entered into and to be performed within Florida, except as governed by federal law. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (Seminole County, Florida, U.S.A.). Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Florida state or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE OR PRIVACY ISSUES, YOU MAY CONTACT US IN WRITING AT:
ETYMORPH STUDIOS LLC
etymorphstudios@gmail.com