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Last Updated: September 16, 2024
FuzzyBot thanks you for your interest in our Game, currently offered through Steam’s Early Access platform, as defined below, (herein the “Digital Storefront” or “Platform”).
In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following End User License Agreement (the “Agreement”) and Terms of Service (the “Terms”). This Agreement and the Terms describe the terms and conditions by which we offer you: (i) the right to download, install and/or use the Game and related documentation via the Platform, and Services (as defined below) offered by us; and (ii) the right to use the Services, and more specifically, the Game in conjunction with your registered account on the Platform (“Account”). Neither the Agreement nor the Terms grant you any rights to use any third-party products or services. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.
By accessing, downloading and/or using the Services, you represent that you are (i) at least thirteen (13) years of age or the legal age of majority in your country of residence, or (ii) your parent or legal guardian has consented to your use of the Services. If you are at least thirteen (13) years of age or the legal age of majority in your country of residence, you hereby accept and agree to be legally bound by all the terms and conditions of this Agreement and the Terms on your own behalf, and you acknowledge that we may terminate your use of our Services at any time subject to the terms set forth herein. IF YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO HAS CONSENTED TO YOUR CHILD’S USE OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF THE SERVICES BY THE CHILD.
We reserve the right to interrupt, modify (including, without limitation, adding or removing content and/or servers), update, revise, suspend, cancel or terminate this Agreement and the Terms in whole or in part, from time to time, for any reason or no reason in our sole and absolute discretion. All changes are effective immediately, unless stated otherwise. Updates may require you to update your system to play the Game. We may, but are not obligated to, provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version available to you via our website and/or at the time you attempt play the Game; however, you agree you will periodically check the website after launch of the Game for updates. To determine when the Agreement was last revised, simply refer to the “Last Updated” legend at the top of this Agreement and Terms. Your continued use of our Services following our making available any revised version of this Agreement and Terms shall constitute your assent and acceptance of the revised version. If you do not agree to any changes made to the Agreement and Terms, you may not access or use the Game. You agree that neither the Company (nor its licensors, licensees, distributors and/or service providers, as may be applicable) will be liable for any interruption, delay and/or failure of the Game to perform, and you understand that you shall not be entitled to any refund of amounts or other compensation for interruption to your use of the Game or any failure of the Game to perform. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE TERMS, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL OR USE THE GAME. BY DOWNLOADING, INSTALLING AND USING THE GAME, YOU AGREE TO BE BOUND BY THESE TERMS.
Any questions regarding this Agreement may be made by submitting a ticket through https://support-lynked.dreamhaven.com/, or via email at support@playlynked.com (“Player Support”).
Definitions
The following terminology applies to this Agreement and the Terms, and any related agreements referenced herein:
“Account” means your registered account on your chosen Platform.
"Company", “FuzzyBot”, “ourselves”, “we” and “our”, refers to our company, FuzzyBot, Inc.
"End User", “User”, “you” and “your” refers to you, the person accessing the Game and accepting this Agreement and the Terms.
“Game” means the interactive entertainment product currently entitled “LYNKED: Banner of the Spark”, including the game client/installer/launcher and/or all versions thereof across all playable Platforms, and also refers to all expansions, updates, and all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devices, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
“Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves.
“Services” means all of the products and services offered by us, including but not limited to, the Game and any related website, as well as Player Support, technical support, and all other means by which you interact with us and our products and services.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated Services, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/they, are taken as interchangeable and therefore as referring to the same.
Terms of Service
We want to make sure that the Services remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting these Terms, you understand that the following conditions apply to your use of the Services, as well as any and all online video and streaming platforms with which you interact in relation to the Services (collectively herein the “Community”). Your failure to comply with any part of these Terms, including the Community guidelines herein, may result in the termination of your access to the Game, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless the Company and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
Pre-Release Versions and Early Access
FuzzyBot may provide access to certain pre-release versions of the Game, such as an early access version of the Game via the Platform (“Early Access Version”). You acknowledge and agree that this Agreement and Terms is the binding legal agreement between you and FuzzyBot for the download and use of the Early Access Version. In the event of conflict between this Section and any of this Agreement or the Terms beyond this Section, the terms and conditions of this Section shall control.
• License. The license being granted hereunder with respect to any download and use of the Game as an Early Access Version is revocable, and any and all content earned throughout such period of time shall not roll over to any early access or full release version of the Game.
• No Warranties. You acknowledge that the Early Access Version of the Game and related software are a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system. As such, such versions and all information, data, content, materials, and services provided in connection therewith are provided “AS IS” without warranties of any kind, whether express or implied, including, but not limited to, the implied Warranty of Merchantability, Fitness for a Particular Purpose, or non-infringement. FuzzyBot shall not be liable for the loss of any data or damage to your computer system, or any disruptions in service. You are responsible for backing up your computer hard drive prior to installation of the Early Access Version.
• Term and Termination. This Agreement shall commence on the Effective Date and the license granted to you herein in connection with the Early Access Version shall continue until terminated by either party. FuzzyBot may terminate the Early Access Version or cancel your access or limit your use at any time and for any reason in its sole discretion.
Playing the Game
You must have, and where applicable, pay for, the following to play the Game: a downloaded copy of or access to the Game from the applicable Digital Storefront; required platform hardware or minimum computer system requirements; an internet connection to authenticate the Game; access internet-based features including, but not limited to, multi-player functionality, and perform other functions. You will be required to create a user account for the Digital Storefront through which you access the Game and may also be required to create an in-Game username in order to download and use the Game. Account registration procedures may vary per Platform; please see the Platform’s documentation or website for instructions. We reserve the right to change or remove your display name if we deem it offensive, misleading, potentially infringing the rights of a third party or if you have been inactive for more than a year.
Although we have no obligation to do so, we retain the right to monitor and/or record your communications sent to us directly, within the Game, or within our dedicated Communities, and you acknowledge and agree that when you communicate with us, you have no expectation that your communications will be private. This applies to communications made through our social media channels, as well as communications made within the Game. We have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce these Terms or any other Company policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone that we believe may be threatened; or (e) to report a crime or other offensive behavior.
Partner Games
Your use of the Services and your ability to access your Account, the Game and interact with other end users is governed at all times by these terms, as well as any other applicable agreements, policies, terms and conditions, including those set forth in-game, that we may from time to time deploy or enforce at our sole and absolute discretion, and any licensor, Platform or applicable third-party terms and conditions. These terms are not meant to be exhaustive. Games which are affiliated with FuzzyBot’s partners and distributed through the Platform (“Partner Games”) may require you to also agree to the partner’s end user agreement (“Partner Agreement) before you are able to play the Game on the Platform, and the terms and conditions of such Partner Agreement are hereby incorporated herein by reference. In the event of a conflict or inconsistency between the terms of this Agreement and the Partner Agreement with respect to the use of the Partner Game, this Agreement shall take precedence and govern your use of the Partner Game. In the event of a conflict or inconsistency between the terms of this Agreement and the Partner Agreement with respect to the use of the Platform, this Agreement shall take precedence and govern your use of the Platform. Failure to adhere to the Partner Agreement may result in suspension or termination of your access to the specific Partner Game, as well as any other remedies available to the partner under their terms. Your use of the Game on the Platform is also subject to the Platform’s terms and conditions.
User Comments and Feedback
We, as well as our Community, offer various opportunities to interact and share your opinions and thoughts with us and other End Users in Game, through third party platform providers, via our social media pages (including Discord, X, Reddit and Steam forums), through the Game’s Digital Storefront pages, or via other Community initiatives. However, please note that the suggestions, opinions or views expressed, or statements made to the Community (other than by our employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Reddit, X or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of the Company.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback, as defined below, or our Intellectual Property. We may from time to time publicly share, reproduce or redistribute User Comments through Community channels, press releases, or promotional and marketing materials. You hereby grant us an unrestricted, irrevocable, perpetual, royalty-free, non-exclusive, fully transferable and sub-licensable worldwide right and license to copy, display, or otherwise use your User Comments for any reason.
We cannot guarantee that any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game (“Feedback”) has not already occurred to us, however we appreciate any and all Feedback that you can provide. You may provide Feedback through our official Discord server located at https://discord.com/invite/playlynked, or another medium that may be devised hereafter. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to us without any compensation to you, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback. In addition, providing Feedback will not create any contractual relationship between you and Company.
Community Rules and Restrictions
The Services may contain forums, communities, in-game chat features, and/or other communication facilities which allow the Community to post, send and receive messages as well as other content that is related to our Services. By entering into these Terms and accepting the Community guidelines, you agree to comply with the following with respect to our Services:
• Nothing you share with the Community, including but not limited to your Account username or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, rights of publicity, privacy rights, contract rights or restrictions, or other right of any third-party;
• To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Comments, you have acquired the necessary rights and licenses to reproduce the same;
• You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
• You will NOT harass other users. Harassment includes but is not limited to:
o Harvesting or otherwise collecting personal information about others without their consent;
o Publicly disclosing personally identifiable information of another End User or member of the Community;
o Stalking, doxing, griefing, threatening, bullying, impersonating or otherwise infringing on the privacy of any member of the Community;
o Promoting or inciting violence, disparaging, defaming, slandering, name-calling, hate speech, abuse or engaging in any form of discrimination against another member of the Community;
o Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Comments), coercion, or making offensive or inappropriate advances or comments to a member of the Community;
o Misleading others into believing that you are an employee or contractor of Company or communicating in any way that makes it appear that such communication originates from or at the direction of Company;
o Spamming or making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or the Company; or
o Using exploits, hacks, or third-party tools to obtain an unfair advantage against other members of the Community in-Game.
• You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion;
• You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to the Game or our Services that you dislike. Your sole remedy for that is to stop playing the Game or stop using the Services;
• You will not engage in solicitation or advertise other products or services to the Community without our prior written consent;
• You will not evade or cause other End Users to evade any consequences imposed by Company under these Terms, including but not limited to creating alternate accounts;
• You will not share with the Community any content which refers to drugs, alcohol or illegal activities;
• You may not distribute, sell, or otherwise exploit user generated content (including video streaming) commercially or otherwise without our prior consent (e-mail is sufficient); and
• You will not transmit any content that contains a virus, corrupted data, worm, time bomb, cancelbot or other material that are intended to damage, interfere, harm, scrape or expropriate any system, data or personal information.
We may change, block, or remove your username and/or avatar or remove your Account from all our Service(s) if your username or content is found to go against these Terms in any way.
Failure to comply with the Community guidelines set forth above will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us in accordance with these Terms.
Infringing Content
To the extent possible under International Law, we are not liable for any copyright infringement arising from any user generated content shared with the Community. If you believe that your copyrights are being violated by user generated content, User Comments, or other materials located in the Game or other Community channels under our direct control, please contact us so that we may investigate your claims, and, if appropriate and we are able, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright whose right has been allegedly infringed upon;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on a Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to us at: support@fuzzybot.com.
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to our agent referenced above before we can investigate your claim or re-post your content:
1. Your physical or electronic signature;
2. Your name, address, telephone number, and email address;
3. Identification of the material and its location before it was removed;
4. A statement under penalty of perjury that the material was removed by mistake or misidentification;
5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
6. Your consent to accept service of process from the party who submitted the takedown notice.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Trademarks
Company trademarks (“Company Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community guidelines; AND (2) when the applicable policy associated with that activity specifically references your right to use the Company Marks pursuant to this policy.
• You may use Company Marks only for non-commercial purposes, except as permitted by the applicable policy or after obtaining our prior written consent.
• The Company Marks may only be used in connection with high quality materials (e.g., websites).
• Use the appropriate trademark symbol (™, ®) listed below the first time that a Company Mark appears in your material.
• You should provide credit to us by using the credit lines associated with the Company Marks that you use (see below).
Do Not:
• Alter a Company logo other than to adjust the overall size of the logo;
• Modify or alter a Company Mark or logo or use them in a way that confuses the Company or its games with another brand, game, or game developer/publisher;
• Use a Company Mark in a plural or possessive form;
• Use a Company Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
• Use a Company Mark in conjunction with your name or any other trademark or trade name unless expressly permitted to do so by us;
• Use the Company Marks in a way that is deceptive, harmful, obscene or disparaging to others;
• Present or feature any Company Mark on websites containing content or advertising associated with pornography, obscenity, violence, gambling, or illegal activities;
• Use a Company Mark in the domain name of your website's URL;
• Apply for trademark registration of a product, service, etc., with a name that includes a Company Mark or, any variation thereof;
• Use a Company Mark in a manner that, in our sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; or
• Use a Company Mark in any manner that implies a relationship with, sponsorship, or endorsement by Company, unless otherwise authorized by us in writing.
License
Exclusive rights for, in, and to the Game and all copies of the Game, are retained by us or our licensors, as applicable. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the terms set forth herein, as well as the Terms.
License Terms
We hereby grant you a non-exclusive, non-sublicensable, non-transferrable, revocable and limited right and license to access, download, or otherwise make use of the Game for your personal, non-commercial use solely in connection with an authorized Account. Continued use of the Game is contingent upon your compliance with the following:
• You may not modify, distribute, transmit, display, perform, duplicate or reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game, including Virtual Items. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game, including Virtual Items. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game.
• Absent a valid distribution agreement between you and the Company, you may not commercially exploit the Game or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors, as applicable. For the sake of clarity, “commercially exploit” as used herein includes, but is not limited to, offers to perform in-Game services for other End Users in exchange for payment outside of the Game, or offers to sell Virtual Items, inclusive of redemption codes for Virtual Items or the Early Access Version or early access, in exchange for payment outside of the Game.
• You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience.
• You may not share your Account details or give any other End User permission to use your Account for any reason.
• You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces.
• You may not organize, promote, or participate in any esports competitions or sponsored group competitions for the Game, or use the Platform in connection with any such activities (except with the prior written permission of FuzzyBot).
• You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us.
• You may not provide or develop outside matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
• You may not facilitate, create or maintain any unauthorized connection to the Game or the Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Services; and (b) any connection using programs or tools not expressly approved by us.
• You may not violate any applicable law or regulation in connection with your use of the Game or Services.
• You may not disrupt or assist in the disruption of (i) any computer used to support the Services (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Ownership and Independent Origin
Company and/or its licensors own and retain all right, title and interest relating to all State, Federal, and International Intellectual Property and proprietary rights in and to our Services, the Game and all copies of the Game, Virtual Items, Virtual Currency, and related content and materials, including without limitation all copyrights, patents, trademark rights, trade secret rights, trade dress rights, goodwill, and any and all other Intellectual Property and proprietary rights embodied in or derived from the Game. We strictly prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this Agreement. Except for the revocable, limited license expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any Intellectual Property rights, including, without limitation, any right of exploitation, of any kind in or to the Game, and/or any compilation or copyrightable arrangement thereof, and that the Game is exclusively owned by Company and/or it’s licensors. All rights not expressly granted herein are reserved by us. PLEASE NOTE THAT UNAUTHORIZED USE OF COMPANY PROPERTY MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, COPYRIGHT INFRINGEMENT.
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, the rights in and to any third-party content created in connection with the Game remains with its respective owners and we do not claim any right, obligation, or liability thereto.
Virtual Currency and Virtual Items
Generally. We provide End Users a license to use Virtual Currency to the extent that the Game permits End Users to earn such Virtual Currency in connection with the Game, and a license to a variety of virtual, in-game or in-app items, as may be applicable ("Virtual Items"). For purposes of this Agreement, “Virtual Currency” shall be defined as simulated currency of no actual value outside of the Game in the form of “Bits”, “Scrap”, “Friendchips”, and “Soul Sparks”, gained by End Users through gameplay to obtain certain Virtual Items available as part of the Game. For the avoidance of any doubt, Virtual Currency and Virtual Items only permit you certain limited rights or licenses, as set forth herein.
To the extent that you remain in compliance with the terms and conditions of this Agreement and reside in an area where Virtual Currency or Virtual Items are made available, we grant you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use Virtual Currency and Virtual Items obtained strictly for non-commercial use and solely within the Game. You shall not acquire any title or ownership in or to Virtual Currency or Virtual Items.
As permitted by law, we retain the right to modify or otherwise affect the perceived value of any Virtual Currency or Virtual Items at any time and may also modify such values, at our sole and exclusive discretion. You acknowledge that the license granted to you with respect to Virtual Currency and Virtual Items related to the Game will terminate in accordance with the terms and conditions of this Agreement, or at any time that we elect to stop permitting access to such Virtual Currency, Virtual Items, the Game, or this Agreement is otherwise terminated.
We retain the right to set limits on the amount of Virtual Currency that can be spent in any given time-period as well as limits as to the total amount of Virtual Currency that may be credited to or obtained by any given End User.
In-Game Use. You understand that the rules of the Game shall dictate the nature, amount and timing with which any Virtual Currency obtained by you may be earned or consumed. For clarity, Virtual Currency and Virtual Items may only be used within the Game, and we retain the right to limit your use of the Virtual Currency or Virtual Items at all times.
Your Account will reflect any unused and available Virtual Currency applicable to that Platform. You must have sufficient available Virtual Currency in your Account in order to complete a virtual transaction. The amount of Virtual Currency in your Account may be reduced at any time without notice to you in the event of certain occurrences, including events related to gameplay (e.g., elimination of character or simulated goods). All Virtual Currency and Virtual Items are unconditionally forfeited if your Account is terminated or suspended for any reason, at our sole discretion, or if our Company discontinues any Virtual Currency or Virtual Item program.
We disclaim any and all liability or responsibility for hacking, misuse or unauthorized use, or loss of your Virtual Currency or Virtual Items. You remain responsible to notify us immediately if you discover any unauthorized use of your Virtual Currency. Any such reporting or requests for support should be made by reaching out to Player Support. We have no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these Terms.
Virtual Currency is non-redeemable and non-transferable. Virtual Currency and Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. You acknowledge and agree that you may not convert, sell, lease, license, rent or otherwise commercialize the Virtual Currency or Virtual Items under any circumstance. Virtual Currency is only redeemable for Virtual Items and is not redeemable for any sum of money or monetary value or other goods from us or any other person or entity at any time. Virtual Currency and Virtual Items have no cash value, and neither Company nor any other person or entity has any obligation to exchange your Virtual Currency or Virtual Items for anything of tangible value, including, but not limited to, real currency.
Without limiting any of the foregoing, to the fullest extent permitted by law, we retain the right to modify, suspend, eliminate or otherwise alter Virtual Currency or Virtual Items in our sole and exclusive discretion without any liability to you or any third party. Any unauthorized use of Virtual Currency or Virtual Items by you, including but not limited to, the unauthorized transferring, sale or exchange of Virtual Currency or Virtual Items, is strictly forbidden. We reserve the right, in our sole discretion, to terminate, suspend, or modify your Account, your access to Virtual Currency and Virtual Items, and/or to terminate your right and license to continue using the Game should you participate in any such unauthorized actions.
General Terms
Company reserves the right to modify this policy and the Services at any time without prior notice, but will endeavor to make reasonable efforts to be as transparent as possible with our End Users. In such event, you may need to install updates, patches, or modifications to the Game in order to continue to use the Game. You acknowledge that such updates may cause you setbacks within the Game and may affect characters, rankings, progression, matches, games, or other entitlements associated with the Game(s) and/or your Account that may not be reversible. If you have any questions or concerns, please do not hesitate to submit a ticket through Player Support.
Consent to Data Usage
Neither Company, nor any authorized agent on behalf of Company, will ever sell information that personally identifies you (“Personally Identifiable Information”) without your consent. We may be compelled to share or disclose Personally Identifiable Information by operation of law or to enforce our legal rights. In using the Game, you acknowledge that we may collect and store data from you or your device. The use of Personally Identifiable Information that may be collected by us will predominately be used for customer support, to analyze and improve the Game and features offered to consumers, as well as to provide the Services. Such information also helps us notify and provide End Users with important software support, updates, and dynamically served content, and in other quality control and assurance procedures aimed at maximizing your playing experience. SHOULD YOU NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS AGREEMENT AND TERMS, YOU ARE STRONGLY URGED NOT TO DOWNLOAD, INSTALL OR USE THE GAME.
U.S. Government End Users
The Game and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 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 being licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Export Law Assurances
To the extent applicable, you may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into (or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing or using any component of the Game or related software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. COMPANY MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE SOFTWARE AND GAME, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, FREE FROM CYBERATTACKS AND/OR HACKS AND/OR CRACKS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE OR THE CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAMEPLAY. COMPANY MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER, FEATURE, SERVICE, PORTIONS OF THE SOFTWARE, CONTENT AND/OR GAMEPLAY IN ITS SOLE DISCRETION AND WITHOUT ANY NOTICE TO YOU. COMPANY HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE AND GAME.
NO WARRANTIES
FUZZYBOT AND ITS DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER OR OTHER RESOURCES YOU USE TO OPERATE THE SOFTWARE OR GAME. NEITHER WE NOR OUR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE SOFTWARE OR GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, OR ANY PANDEMIC CAUSED BY AN UNKNOWN INFECTION OR PATHOGEN). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SOFTWARE OR GAME.
LIMITATION OF LIABILITY
YOUR DOWNLOAD AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF DOWNLOAD OR USE OF THE GAME.
Term and Termination
Term. This Agreement and these Terms are effective upon your download of the Early Access Version via the Digital Storefront and shall remain in effect until terminated or superseded by a new or updated version, or if neither of the foregoing events occur, as long as you continue using our Services. In the event that we choose to amend the Agreement or Terms, cease providing the Services, or license to a third party the right to provide the Services, we are not required to provide notice to you. Neither the Services nor our provision of access to the Services shall be considered a rental or lease of time on the capacity of our servers or other technology.
Termination. We reserve the right to terminate this Agreement and these Terms at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, suspensions and terminations of the Services are generally the result of violations of this Agreement or the Terms. In case of minor violations of any of the rules set forth in either the Agreement or the Terms, you may, at our discretion, receive a prior warning and/or suspension due to your non-compliance prior to terminating the Agreement or Terms which may eventually lead to modification or deletion of your Account.
You are entitled to terminate this Agreement or these Terms at any time by discontinuing your use of the Services (i.e., terminate your Account with the relevant Platform or delete the Game).
Upon termination of this Agreement or the Terms, all licenses granted to you therein will immediately terminate without reimbursement or refund to you, including with respect to any amounts paid to the Platforms or retailer prior to termination, any right you may have had to the Game or Services is forfeit, and you agree and acknowledge that you are not entitled to any refund for any prior to any termination of this Agreement and the Terms.
Equitable Remedies
You agree that a breach or threatened breach of this Agreement will cause us irreparable harm, that money damages would not be an adequate remedy, and that we shall be entitled to ex parte injunctive relief without bond to stop such breach or threatened breach.
Dispute Resolution
Most claims can be resolved quickly and amicably by contacting customer support. However, if we are unable to resolve your claim to your satisfaction, then this section explains how you and FuzzyBot agree to resolve such disputes, including (where applicable), by binding, individual arbitration.
Except in the event that injunctive or equitable relief is sought, you agree to follow the dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:
Informal Negotiations. Parties to a dispute concerning this Agreement or the Terms or download and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.
Binding Arbitration. In the event that informal negotiations are unsuccessful, the parties agree that any dispute, controversy, or claim arising out of or relating to this Agreement or our relationship, by contract or otherwise, your use or attempted use of the Game and/or Services, your Account, or the breach, termination, enforcement, interpretation, or validity thereof, including the termination of the scope or applicability of this agreement to arbitrate (hereafter a “Dispute”), shall be resolved by binding arbitration, except as otherwise expressly provided in this Agreement.
This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence.
Exceptions to Arbitration. Notwithstanding the agreement to arbitrate, either party may seek equitable relief, including injunctions and specific performance, from a court of competent jurisdiction in cases involving intellectual property rights, unauthorized access, or any conduct that may cause irreparable harm. In addition, any claim filed by you or FuzzyBot in small claims court on an individual basis is not subject to the arbitration terms in this section. These exceptions do not apply to the license granted to you for the Services under this Agreement.
Informal Resolution. In an effort to reduce the time and cost of any Dispute, you agree to first attempt to negotiate the Dispute informally with FuzzyBot for at least thirty (30) days before you initiate any arbitration or court proceeding. You must notify FuzzyBot in writing of such Dispute and include your full name, email address, applicable account name or identifier, phone number, and residential address (“Notice of Dispute”). The notice must also describe the Dispute and a description of the facts as you understand them. The parties shall use their best efforts to resolve any Dispute through good faith negotiations. If you proceed to arbitration without providing the Notice of Dispute and aforementioned information, or do not wait until thirty (30) days after filing said Notice of Dispute, then FuzzyBot may enjoin the filing and order you to reimburse FuzzyBot for any arbitration fees and costs already incurred. Compliance of the Notice of Dispute with this Agreement, including whether a Notice of Dispute contains all the required information, is an issue to be decided by a court.
Arbitration Process and Location. Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law (the “Arbitration Rules”), and shall be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) by a single arbitrator. If outside the United States, FuzzyBot will select a neutral arbitration provider that uses the same or similar rules. Any decision or award may be enforced as a final judgement by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of judgement.
If you are seeking $10,000 or less, FuzzyBot agrees to reimburse your filing fee and your share of the JAMS arbitration costs, unless the arbitrator determines that your claims were frivolous or were filed for harassment. You and FuzzyBot agree that if a dispute involves $10,000 or less, the arbitrator may resolve the dispute on the parties’ written submissions alone, without a hearing, unless the arbitrator believes a hearing is required. If you seek more than $10,000, but you demonstrate that arbitration costs will be prohibitive compared to litigation costs, FuzzyBot will pay your JAMS costs as the arbitrator finds necessary to prevent arbitration from being cost prohibitive (as compared to the cost of litigation). The fee assistance above is contingent upon You bringing the arbitration claim in “good faith”. JAMS costs do not include attorney’s fees and costs, and attorney’s fees and costs are not counted when determining how much a dispute involves.
If an in-person hearing is required under the applicable rules, the arbitration shall take place in Los Angeles County, California, in the United States, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the state and county in which you reside. The decision of the arbitrator(s) shall be final and binding on both parties.
Coordinated Filings. Notwithstanding the parties’ decision to have arbitration administered by JAMS, if 20 or more demands for arbitration are filed based upon the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, the parties agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, both parties agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis, and under the rules set forth in this Agreement. FuzzyBot will pay only its share of arbitration fees for Mass Arbitration; the claimants will be responsible for their share of those fees.
Class and Collective Action Waiver. THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You agree that any claims brought against FuzzyBot shall be on an individual basis and not part of a class, collective, or representative action. You further agree that no claims may be consolidated or joined with claims of others in any lawsuit or arbitration without the prior written consent of all parties to such lawsuit or arbitration.
Continuation in Effect. This binding individual arbitration section shall survive any termination of this Agreement or the provision of services to you by FuzzyBot.
Miscellaneous
Governing Law. This Agreement and the Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement and Terms is expressly excluded. To the extent applicable, Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws. You further agree that in the event of any controversy, claim or dispute arising out of or relating to this Agreement or the Terms, you and the Company each submit and consent to the personal jurisdiction of, and venue in, the state courts located in Los Angeles, California, and to the federal courts therein.
Assignment. We may assign this Agreement and/or the Terms, in whole or in part, to any person or entity at any time. You may not make any assignments without our prior written consent. Any assignment by you without our prior written consent shall be void.
Notices. Notices to you may be made by posting a notice (or a link to a notice) through the Game, by e-mail, or on our Websites, at our sole and absolute discretion. Without limitation, you agree that a printed version of this Agreement and/or the Terms, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Terms, as applicable, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No Waiver. Our failure to enforce a provision of this Agreement or the Terms shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of this Agreement or the Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. We shall not be deemed in default of this Agreement or the Terms to the extent that performance of its obligations are delayed or prevented by reason of any act of God, any pandemic bacterial or viral infections, including without limitation, fire, natural disaster, accident, government order or law, including sanctions in connection with war, invasion, military operation or other armed hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, warfare, embargo, strike, shortages of material or supplies, power outage or any other cause reasonably beyond our control.
Severability. If any part of this Agreement or the Terms are determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement and Terms shall be given full force and effect.
Entire Agreement. This Agreement and the Terms, along with our other applicable agreements contained herein, constitutes and contains the entire agreement between the you and the Company with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement and/or the Terms, the party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by us survive termination of this Agreement and the Terms for any reason.
FuzzyBot thanks you for your interest in our Game, currently offered through Steam’s Early Access platform, as defined below, (herein the “Digital Storefront” or “Platform”).
In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following End User License Agreement (the “Agreement”) and Terms of Service (the “Terms”). This Agreement and the Terms describe the terms and conditions by which we offer you: (i) the right to download, install and/or use the Game and related documentation via the Platform, and Services (as defined below) offered by us; and (ii) the right to use the Services, and more specifically, the Game in conjunction with your registered account on the Platform (“Account”). Neither the Agreement nor the Terms grant you any rights to use any third-party products or services. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your player experience.
By accessing, downloading and/or using the Services, you represent that you are (i) at least thirteen (13) years of age or the legal age of majority in your country of residence, or (ii) your parent or legal guardian has consented to your use of the Services. If you are at least thirteen (13) years of age or the legal age of majority in your country of residence, you hereby accept and agree to be legally bound by all the terms and conditions of this Agreement and the Terms on your own behalf, and you acknowledge that we may terminate your use of our Services at any time subject to the terms set forth herein. IF YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO HAS CONSENTED TO YOUR CHILD’S USE OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF THE SERVICES BY THE CHILD.
We reserve the right to interrupt, modify (including, without limitation, adding or removing content and/or servers), update, revise, suspend, cancel or terminate this Agreement and the Terms in whole or in part, from time to time, for any reason or no reason in our sole and absolute discretion. All changes are effective immediately, unless stated otherwise. Updates may require you to update your system to play the Game. We may, but are not obligated to, provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version available to you via our website and/or at the time you attempt play the Game; however, you agree you will periodically check the website after launch of the Game for updates. To determine when the Agreement was last revised, simply refer to the “Last Updated” legend at the top of this Agreement and Terms. Your continued use of our Services following our making available any revised version of this Agreement and Terms shall constitute your assent and acceptance of the revised version. If you do not agree to any changes made to the Agreement and Terms, you may not access or use the Game. You agree that neither the Company (nor its licensors, licensees, distributors and/or service providers, as may be applicable) will be liable for any interruption, delay and/or failure of the Game to perform, and you understand that you shall not be entitled to any refund of amounts or other compensation for interruption to your use of the Game or any failure of the Game to perform. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE TERMS, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL OR USE THE GAME. BY DOWNLOADING, INSTALLING AND USING THE GAME, YOU AGREE TO BE BOUND BY THESE TERMS.
Any questions regarding this Agreement may be made by submitting a ticket through https://support-lynked.dreamhaven.com/, or via email at support@playlynked.com (“Player Support”).
Definitions
The following terminology applies to this Agreement and the Terms, and any related agreements referenced herein:
“Account” means your registered account on your chosen Platform.
"Company", “FuzzyBot”, “ourselves”, “we” and “our”, refers to our company, FuzzyBot, Inc.
"End User", “User”, “you” and “your” refers to you, the person accessing the Game and accepting this Agreement and the Terms.
“Game” means the interactive entertainment product currently entitled “LYNKED: Banner of the Spark”, including the game client/installer/launcher and/or all versions thereof across all playable Platforms, and also refers to all expansions, updates, and all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devices, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
“Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves.
“Services” means all of the products and services offered by us, including but not limited to, the Game and any related website, as well as Player Support, technical support, and all other means by which you interact with us and our products and services.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated Services, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/they, are taken as interchangeable and therefore as referring to the same.
Terms of Service
We want to make sure that the Services remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting these Terms, you understand that the following conditions apply to your use of the Services, as well as any and all online video and streaming platforms with which you interact in relation to the Services (collectively herein the “Community”). Your failure to comply with any part of these Terms, including the Community guidelines herein, may result in the termination of your access to the Game, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless the Company and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
Pre-Release Versions and Early Access
FuzzyBot may provide access to certain pre-release versions of the Game, such as an early access version of the Game via the Platform (“Early Access Version”). You acknowledge and agree that this Agreement and Terms is the binding legal agreement between you and FuzzyBot for the download and use of the Early Access Version. In the event of conflict between this Section and any of this Agreement or the Terms beyond this Section, the terms and conditions of this Section shall control.
• License. The license being granted hereunder with respect to any download and use of the Game as an Early Access Version is revocable, and any and all content earned throughout such period of time shall not roll over to any early access or full release version of the Game.
• No Warranties. You acknowledge that the Early Access Version of the Game and related software are a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system. As such, such versions and all information, data, content, materials, and services provided in connection therewith are provided “AS IS” without warranties of any kind, whether express or implied, including, but not limited to, the implied Warranty of Merchantability, Fitness for a Particular Purpose, or non-infringement. FuzzyBot shall not be liable for the loss of any data or damage to your computer system, or any disruptions in service. You are responsible for backing up your computer hard drive prior to installation of the Early Access Version.
• Term and Termination. This Agreement shall commence on the Effective Date and the license granted to you herein in connection with the Early Access Version shall continue until terminated by either party. FuzzyBot may terminate the Early Access Version or cancel your access or limit your use at any time and for any reason in its sole discretion.
Playing the Game
You must have, and where applicable, pay for, the following to play the Game: a downloaded copy of or access to the Game from the applicable Digital Storefront; required platform hardware or minimum computer system requirements; an internet connection to authenticate the Game; access internet-based features including, but not limited to, multi-player functionality, and perform other functions. You will be required to create a user account for the Digital Storefront through which you access the Game and may also be required to create an in-Game username in order to download and use the Game. Account registration procedures may vary per Platform; please see the Platform’s documentation or website for instructions. We reserve the right to change or remove your display name if we deem it offensive, misleading, potentially infringing the rights of a third party or if you have been inactive for more than a year.
Although we have no obligation to do so, we retain the right to monitor and/or record your communications sent to us directly, within the Game, or within our dedicated Communities, and you acknowledge and agree that when you communicate with us, you have no expectation that your communications will be private. This applies to communications made through our social media channels, as well as communications made within the Game. We have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce these Terms or any other Company policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone that we believe may be threatened; or (e) to report a crime or other offensive behavior.
Partner Games
Your use of the Services and your ability to access your Account, the Game and interact with other end users is governed at all times by these terms, as well as any other applicable agreements, policies, terms and conditions, including those set forth in-game, that we may from time to time deploy or enforce at our sole and absolute discretion, and any licensor, Platform or applicable third-party terms and conditions. These terms are not meant to be exhaustive. Games which are affiliated with FuzzyBot’s partners and distributed through the Platform (“Partner Games”) may require you to also agree to the partner’s end user agreement (“Partner Agreement) before you are able to play the Game on the Platform, and the terms and conditions of such Partner Agreement are hereby incorporated herein by reference. In the event of a conflict or inconsistency between the terms of this Agreement and the Partner Agreement with respect to the use of the Partner Game, this Agreement shall take precedence and govern your use of the Partner Game. In the event of a conflict or inconsistency between the terms of this Agreement and the Partner Agreement with respect to the use of the Platform, this Agreement shall take precedence and govern your use of the Platform. Failure to adhere to the Partner Agreement may result in suspension or termination of your access to the specific Partner Game, as well as any other remedies available to the partner under their terms. Your use of the Game on the Platform is also subject to the Platform’s terms and conditions.
User Comments and Feedback
We, as well as our Community, offer various opportunities to interact and share your opinions and thoughts with us and other End Users in Game, through third party platform providers, via our social media pages (including Discord, X, Reddit and Steam forums), through the Game’s Digital Storefront pages, or via other Community initiatives. However, please note that the suggestions, opinions or views expressed, or statements made to the Community (other than by our employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Reddit, X or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of the Company.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback, as defined below, or our Intellectual Property. We may from time to time publicly share, reproduce or redistribute User Comments through Community channels, press releases, or promotional and marketing materials. You hereby grant us an unrestricted, irrevocable, perpetual, royalty-free, non-exclusive, fully transferable and sub-licensable worldwide right and license to copy, display, or otherwise use your User Comments for any reason.
We cannot guarantee that any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game (“Feedback”) has not already occurred to us, however we appreciate any and all Feedback that you can provide. You may provide Feedback through our official Discord server located at https://discord.com/invite/playlynked, or another medium that may be devised hereafter. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to us without any compensation to you, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback. In addition, providing Feedback will not create any contractual relationship between you and Company.
Community Rules and Restrictions
The Services may contain forums, communities, in-game chat features, and/or other communication facilities which allow the Community to post, send and receive messages as well as other content that is related to our Services. By entering into these Terms and accepting the Community guidelines, you agree to comply with the following with respect to our Services:
• Nothing you share with the Community, including but not limited to your Account username or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, rights of publicity, privacy rights, contract rights or restrictions, or other right of any third-party;
• To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Comments, you have acquired the necessary rights and licenses to reproduce the same;
• You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
• You will NOT harass other users. Harassment includes but is not limited to:
o Harvesting or otherwise collecting personal information about others without their consent;
o Publicly disclosing personally identifiable information of another End User or member of the Community;
o Stalking, doxing, griefing, threatening, bullying, impersonating or otherwise infringing on the privacy of any member of the Community;
o Promoting or inciting violence, disparaging, defaming, slandering, name-calling, hate speech, abuse or engaging in any form of discrimination against another member of the Community;
o Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Comments), coercion, or making offensive or inappropriate advances or comments to a member of the Community;
o Misleading others into believing that you are an employee or contractor of Company or communicating in any way that makes it appear that such communication originates from or at the direction of Company;
o Spamming or making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or the Company; or
o Using exploits, hacks, or third-party tools to obtain an unfair advantage against other members of the Community in-Game.
• You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion;
• You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to the Game or our Services that you dislike. Your sole remedy for that is to stop playing the Game or stop using the Services;
• You will not engage in solicitation or advertise other products or services to the Community without our prior written consent;
• You will not evade or cause other End Users to evade any consequences imposed by Company under these Terms, including but not limited to creating alternate accounts;
• You will not share with the Community any content which refers to drugs, alcohol or illegal activities;
• You may not distribute, sell, or otherwise exploit user generated content (including video streaming) commercially or otherwise without our prior consent (e-mail is sufficient); and
• You will not transmit any content that contains a virus, corrupted data, worm, time bomb, cancelbot or other material that are intended to damage, interfere, harm, scrape or expropriate any system, data or personal information.
We may change, block, or remove your username and/or avatar or remove your Account from all our Service(s) if your username or content is found to go against these Terms in any way.
Failure to comply with the Community guidelines set forth above will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us in accordance with these Terms.
Infringing Content
To the extent possible under International Law, we are not liable for any copyright infringement arising from any user generated content shared with the Community. If you believe that your copyrights are being violated by user generated content, User Comments, or other materials located in the Game or other Community channels under our direct control, please contact us so that we may investigate your claims, and, if appropriate and we are able, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright whose right has been allegedly infringed upon;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on a Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to us at: support@fuzzybot.com.
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to our agent referenced above before we can investigate your claim or re-post your content:
1. Your physical or electronic signature;
2. Your name, address, telephone number, and email address;
3. Identification of the material and its location before it was removed;
4. A statement under penalty of perjury that the material was removed by mistake or misidentification;
5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
6. Your consent to accept service of process from the party who submitted the takedown notice.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Trademarks
Company trademarks (“Company Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community guidelines; AND (2) when the applicable policy associated with that activity specifically references your right to use the Company Marks pursuant to this policy.
• You may use Company Marks only for non-commercial purposes, except as permitted by the applicable policy or after obtaining our prior written consent.
• The Company Marks may only be used in connection with high quality materials (e.g., websites).
• Use the appropriate trademark symbol (™, ®) listed below the first time that a Company Mark appears in your material.
• You should provide credit to us by using the credit lines associated with the Company Marks that you use (see below).
Do Not:
• Alter a Company logo other than to adjust the overall size of the logo;
• Modify or alter a Company Mark or logo or use them in a way that confuses the Company or its games with another brand, game, or game developer/publisher;
• Use a Company Mark in a plural or possessive form;
• Use a Company Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
• Use a Company Mark in conjunction with your name or any other trademark or trade name unless expressly permitted to do so by us;
• Use the Company Marks in a way that is deceptive, harmful, obscene or disparaging to others;
• Present or feature any Company Mark on websites containing content or advertising associated with pornography, obscenity, violence, gambling, or illegal activities;
• Use a Company Mark in the domain name of your website's URL;
• Apply for trademark registration of a product, service, etc., with a name that includes a Company Mark or, any variation thereof;
• Use a Company Mark in a manner that, in our sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; or
• Use a Company Mark in any manner that implies a relationship with, sponsorship, or endorsement by Company, unless otherwise authorized by us in writing.
License
Exclusive rights for, in, and to the Game and all copies of the Game, are retained by us or our licensors, as applicable. The Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the terms set forth herein, as well as the Terms.
License Terms
We hereby grant you a non-exclusive, non-sublicensable, non-transferrable, revocable and limited right and license to access, download, or otherwise make use of the Game for your personal, non-commercial use solely in connection with an authorized Account. Continued use of the Game is contingent upon your compliance with the following:
• You may not modify, distribute, transmit, display, perform, duplicate or reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game, including Virtual Items. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game, including Virtual Items. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game.
• Absent a valid distribution agreement between you and the Company, you may not commercially exploit the Game or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors, as applicable. For the sake of clarity, “commercially exploit” as used herein includes, but is not limited to, offers to perform in-Game services for other End Users in exchange for payment outside of the Game, or offers to sell Virtual Items, inclusive of redemption codes for Virtual Items or the Early Access Version or early access, in exchange for payment outside of the Game.
• You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience.
• You may not share your Account details or give any other End User permission to use your Account for any reason.
• You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces.
• You may not organize, promote, or participate in any esports competitions or sponsored group competitions for the Game, or use the Platform in connection with any such activities (except with the prior written permission of FuzzyBot).
• You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us.
• You may not provide or develop outside matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
• You may not facilitate, create or maintain any unauthorized connection to the Game or the Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Services; and (b) any connection using programs or tools not expressly approved by us.
• You may not violate any applicable law or regulation in connection with your use of the Game or Services.
• You may not disrupt or assist in the disruption of (i) any computer used to support the Services (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Ownership and Independent Origin
Company and/or its licensors own and retain all right, title and interest relating to all State, Federal, and International Intellectual Property and proprietary rights in and to our Services, the Game and all copies of the Game, Virtual Items, Virtual Currency, and related content and materials, including without limitation all copyrights, patents, trademark rights, trade secret rights, trade dress rights, goodwill, and any and all other Intellectual Property and proprietary rights embodied in or derived from the Game. We strictly prohibit the copying, reproduction, and circumvention of technology of the Game beyond the terms of this Agreement. Except for the revocable, limited license expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any Intellectual Property rights, including, without limitation, any right of exploitation, of any kind in or to the Game, and/or any compilation or copyrightable arrangement thereof, and that the Game is exclusively owned by Company and/or it’s licensors. All rights not expressly granted herein are reserved by us. PLEASE NOTE THAT UNAUTHORIZED USE OF COMPANY PROPERTY MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, COPYRIGHT INFRINGEMENT.
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, the rights in and to any third-party content created in connection with the Game remains with its respective owners and we do not claim any right, obligation, or liability thereto.
Virtual Currency and Virtual Items
Generally. We provide End Users a license to use Virtual Currency to the extent that the Game permits End Users to earn such Virtual Currency in connection with the Game, and a license to a variety of virtual, in-game or in-app items, as may be applicable ("Virtual Items"). For purposes of this Agreement, “Virtual Currency” shall be defined as simulated currency of no actual value outside of the Game in the form of “Bits”, “Scrap”, “Friendchips”, and “Soul Sparks”, gained by End Users through gameplay to obtain certain Virtual Items available as part of the Game. For the avoidance of any doubt, Virtual Currency and Virtual Items only permit you certain limited rights or licenses, as set forth herein.
To the extent that you remain in compliance with the terms and conditions of this Agreement and reside in an area where Virtual Currency or Virtual Items are made available, we grant you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use Virtual Currency and Virtual Items obtained strictly for non-commercial use and solely within the Game. You shall not acquire any title or ownership in or to Virtual Currency or Virtual Items.
As permitted by law, we retain the right to modify or otherwise affect the perceived value of any Virtual Currency or Virtual Items at any time and may also modify such values, at our sole and exclusive discretion. You acknowledge that the license granted to you with respect to Virtual Currency and Virtual Items related to the Game will terminate in accordance with the terms and conditions of this Agreement, or at any time that we elect to stop permitting access to such Virtual Currency, Virtual Items, the Game, or this Agreement is otherwise terminated.
We retain the right to set limits on the amount of Virtual Currency that can be spent in any given time-period as well as limits as to the total amount of Virtual Currency that may be credited to or obtained by any given End User.
In-Game Use. You understand that the rules of the Game shall dictate the nature, amount and timing with which any Virtual Currency obtained by you may be earned or consumed. For clarity, Virtual Currency and Virtual Items may only be used within the Game, and we retain the right to limit your use of the Virtual Currency or Virtual Items at all times.
Your Account will reflect any unused and available Virtual Currency applicable to that Platform. You must have sufficient available Virtual Currency in your Account in order to complete a virtual transaction. The amount of Virtual Currency in your Account may be reduced at any time without notice to you in the event of certain occurrences, including events related to gameplay (e.g., elimination of character or simulated goods). All Virtual Currency and Virtual Items are unconditionally forfeited if your Account is terminated or suspended for any reason, at our sole discretion, or if our Company discontinues any Virtual Currency or Virtual Item program.
We disclaim any and all liability or responsibility for hacking, misuse or unauthorized use, or loss of your Virtual Currency or Virtual Items. You remain responsible to notify us immediately if you discover any unauthorized use of your Virtual Currency. Any such reporting or requests for support should be made by reaching out to Player Support. We have no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these Terms.
Virtual Currency is non-redeemable and non-transferable. Virtual Currency and Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. You acknowledge and agree that you may not convert, sell, lease, license, rent or otherwise commercialize the Virtual Currency or Virtual Items under any circumstance. Virtual Currency is only redeemable for Virtual Items and is not redeemable for any sum of money or monetary value or other goods from us or any other person or entity at any time. Virtual Currency and Virtual Items have no cash value, and neither Company nor any other person or entity has any obligation to exchange your Virtual Currency or Virtual Items for anything of tangible value, including, but not limited to, real currency.
Without limiting any of the foregoing, to the fullest extent permitted by law, we retain the right to modify, suspend, eliminate or otherwise alter Virtual Currency or Virtual Items in our sole and exclusive discretion without any liability to you or any third party. Any unauthorized use of Virtual Currency or Virtual Items by you, including but not limited to, the unauthorized transferring, sale or exchange of Virtual Currency or Virtual Items, is strictly forbidden. We reserve the right, in our sole discretion, to terminate, suspend, or modify your Account, your access to Virtual Currency and Virtual Items, and/or to terminate your right and license to continue using the Game should you participate in any such unauthorized actions.
General Terms
Company reserves the right to modify this policy and the Services at any time without prior notice, but will endeavor to make reasonable efforts to be as transparent as possible with our End Users. In such event, you may need to install updates, patches, or modifications to the Game in order to continue to use the Game. You acknowledge that such updates may cause you setbacks within the Game and may affect characters, rankings, progression, matches, games, or other entitlements associated with the Game(s) and/or your Account that may not be reversible. If you have any questions or concerns, please do not hesitate to submit a ticket through Player Support.
Consent to Data Usage
Neither Company, nor any authorized agent on behalf of Company, will ever sell information that personally identifies you (“Personally Identifiable Information”) without your consent. We may be compelled to share or disclose Personally Identifiable Information by operation of law or to enforce our legal rights. In using the Game, you acknowledge that we may collect and store data from you or your device. The use of Personally Identifiable Information that may be collected by us will predominately be used for customer support, to analyze and improve the Game and features offered to consumers, as well as to provide the Services. Such information also helps us notify and provide End Users with important software support, updates, and dynamically served content, and in other quality control and assurance procedures aimed at maximizing your playing experience. SHOULD YOU NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS AGREEMENT AND TERMS, YOU ARE STRONGLY URGED NOT TO DOWNLOAD, INSTALL OR USE THE GAME.
U.S. Government End Users
The Game and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 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 being licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Export Law Assurances
To the extent applicable, you may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into (or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing or using any component of the Game or related software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. COMPANY MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE SOFTWARE AND GAME, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, FREE FROM CYBERATTACKS AND/OR HACKS AND/OR CRACKS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE OR THE CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAMEPLAY. COMPANY MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER, FEATURE, SERVICE, PORTIONS OF THE SOFTWARE, CONTENT AND/OR GAMEPLAY IN ITS SOLE DISCRETION AND WITHOUT ANY NOTICE TO YOU. COMPANY HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE AND GAME.
NO WARRANTIES
FUZZYBOT AND ITS DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER OR OTHER RESOURCES YOU USE TO OPERATE THE SOFTWARE OR GAME. NEITHER WE NOR OUR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE SOFTWARE OR GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, OR ANY PANDEMIC CAUSED BY AN UNKNOWN INFECTION OR PATHOGEN). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SOFTWARE OR GAME.
LIMITATION OF LIABILITY
YOUR DOWNLOAD AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF DOWNLOAD OR USE OF THE GAME.
Term and Termination
Term. This Agreement and these Terms are effective upon your download of the Early Access Version via the Digital Storefront and shall remain in effect until terminated or superseded by a new or updated version, or if neither of the foregoing events occur, as long as you continue using our Services. In the event that we choose to amend the Agreement or Terms, cease providing the Services, or license to a third party the right to provide the Services, we are not required to provide notice to you. Neither the Services nor our provision of access to the Services shall be considered a rental or lease of time on the capacity of our servers or other technology.
Termination. We reserve the right to terminate this Agreement and these Terms at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, suspensions and terminations of the Services are generally the result of violations of this Agreement or the Terms. In case of minor violations of any of the rules set forth in either the Agreement or the Terms, you may, at our discretion, receive a prior warning and/or suspension due to your non-compliance prior to terminating the Agreement or Terms which may eventually lead to modification or deletion of your Account.
You are entitled to terminate this Agreement or these Terms at any time by discontinuing your use of the Services (i.e., terminate your Account with the relevant Platform or delete the Game).
Upon termination of this Agreement or the Terms, all licenses granted to you therein will immediately terminate without reimbursement or refund to you, including with respect to any amounts paid to the Platforms or retailer prior to termination, any right you may have had to the Game or Services is forfeit, and you agree and acknowledge that you are not entitled to any refund for any prior to any termination of this Agreement and the Terms.
Equitable Remedies
You agree that a breach or threatened breach of this Agreement will cause us irreparable harm, that money damages would not be an adequate remedy, and that we shall be entitled to ex parte injunctive relief without bond to stop such breach or threatened breach.
Dispute Resolution
Most claims can be resolved quickly and amicably by contacting customer support. However, if we are unable to resolve your claim to your satisfaction, then this section explains how you and FuzzyBot agree to resolve such disputes, including (where applicable), by binding, individual arbitration.
Except in the event that injunctive or equitable relief is sought, you agree to follow the dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your purchase and use of the Game:
Informal Negotiations. Parties to a dispute concerning this Agreement or the Terms or download and use of the Game will attempt to informally negotiate a potential settlement or resolution to the dispute.
Binding Arbitration. In the event that informal negotiations are unsuccessful, the parties agree that any dispute, controversy, or claim arising out of or relating to this Agreement or our relationship, by contract or otherwise, your use or attempted use of the Game and/or Services, your Account, or the breach, termination, enforcement, interpretation, or validity thereof, including the termination of the scope or applicability of this agreement to arbitrate (hereafter a “Dispute”), shall be resolved by binding arbitration, except as otherwise expressly provided in this Agreement.
This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence.
Exceptions to Arbitration. Notwithstanding the agreement to arbitrate, either party may seek equitable relief, including injunctions and specific performance, from a court of competent jurisdiction in cases involving intellectual property rights, unauthorized access, or any conduct that may cause irreparable harm. In addition, any claim filed by you or FuzzyBot in small claims court on an individual basis is not subject to the arbitration terms in this section. These exceptions do not apply to the license granted to you for the Services under this Agreement.
Informal Resolution. In an effort to reduce the time and cost of any Dispute, you agree to first attempt to negotiate the Dispute informally with FuzzyBot for at least thirty (30) days before you initiate any arbitration or court proceeding. You must notify FuzzyBot in writing of such Dispute and include your full name, email address, applicable account name or identifier, phone number, and residential address (“Notice of Dispute”). The notice must also describe the Dispute and a description of the facts as you understand them. The parties shall use their best efforts to resolve any Dispute through good faith negotiations. If you proceed to arbitration without providing the Notice of Dispute and aforementioned information, or do not wait until thirty (30) days after filing said Notice of Dispute, then FuzzyBot may enjoin the filing and order you to reimburse FuzzyBot for any arbitration fees and costs already incurred. Compliance of the Notice of Dispute with this Agreement, including whether a Notice of Dispute contains all the required information, is an issue to be decided by a court.
Arbitration Process and Location. Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law (the “Arbitration Rules”), and shall be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) by a single arbitrator. If outside the United States, FuzzyBot will select a neutral arbitration provider that uses the same or similar rules. Any decision or award may be enforced as a final judgement by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of judgement.
If you are seeking $10,000 or less, FuzzyBot agrees to reimburse your filing fee and your share of the JAMS arbitration costs, unless the arbitrator determines that your claims were frivolous or were filed for harassment. You and FuzzyBot agree that if a dispute involves $10,000 or less, the arbitrator may resolve the dispute on the parties’ written submissions alone, without a hearing, unless the arbitrator believes a hearing is required. If you seek more than $10,000, but you demonstrate that arbitration costs will be prohibitive compared to litigation costs, FuzzyBot will pay your JAMS costs as the arbitrator finds necessary to prevent arbitration from being cost prohibitive (as compared to the cost of litigation). The fee assistance above is contingent upon You bringing the arbitration claim in “good faith”. JAMS costs do not include attorney’s fees and costs, and attorney’s fees and costs are not counted when determining how much a dispute involves.
If an in-person hearing is required under the applicable rules, the arbitration shall take place in Los Angeles County, California, in the United States, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the state and county in which you reside. The decision of the arbitrator(s) shall be final and binding on both parties.
Coordinated Filings. Notwithstanding the parties’ decision to have arbitration administered by JAMS, if 20 or more demands for arbitration are filed based upon the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, the parties agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, both parties agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis, and under the rules set forth in this Agreement. FuzzyBot will pay only its share of arbitration fees for Mass Arbitration; the claimants will be responsible for their share of those fees.
Class and Collective Action Waiver. THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You agree that any claims brought against FuzzyBot shall be on an individual basis and not part of a class, collective, or representative action. You further agree that no claims may be consolidated or joined with claims of others in any lawsuit or arbitration without the prior written consent of all parties to such lawsuit or arbitration.
Continuation in Effect. This binding individual arbitration section shall survive any termination of this Agreement or the provision of services to you by FuzzyBot.
Miscellaneous
Governing Law. This Agreement and the Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement and Terms is expressly excluded. To the extent applicable, Users who access the Services from outside of the United States are responsible for compliance with all applicable local laws. You further agree that in the event of any controversy, claim or dispute arising out of or relating to this Agreement or the Terms, you and the Company each submit and consent to the personal jurisdiction of, and venue in, the state courts located in Los Angeles, California, and to the federal courts therein.
Assignment. We may assign this Agreement and/or the Terms, in whole or in part, to any person or entity at any time. You may not make any assignments without our prior written consent. Any assignment by you without our prior written consent shall be void.
Notices. Notices to you may be made by posting a notice (or a link to a notice) through the Game, by e-mail, or on our Websites, at our sole and absolute discretion. Without limitation, you agree that a printed version of this Agreement and/or the Terms, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Terms, as applicable, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No Waiver. Our failure to enforce a provision of this Agreement or the Terms shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of this Agreement or the Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. We shall not be deemed in default of this Agreement or the Terms to the extent that performance of its obligations are delayed or prevented by reason of any act of God, any pandemic bacterial or viral infections, including without limitation, fire, natural disaster, accident, government order or law, including sanctions in connection with war, invasion, military operation or other armed hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, warfare, embargo, strike, shortages of material or supplies, power outage or any other cause reasonably beyond our control.
Severability. If any part of this Agreement or the Terms are determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement and Terms shall be given full force and effect.
Entire Agreement. This Agreement and the Terms, along with our other applicable agreements contained herein, constitutes and contains the entire agreement between the you and the Company with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement and/or the Terms, the party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by us survive termination of this Agreement and the Terms for any reason.