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END USER LICENSE AGREEMENT
Last Updated: May 22, 2025This End User License Agreement (“Agreement”) sets out the terms between you (“user”, “you”, and “your”) and Mad Mushroom Media, Inc. (“Mad Mushroom”, “us”, “we”, and “our”), the publisher and distributor of the Game. Eldritch Sword Games (“Developer”) is responsible for development and in-game systems, including gameplay mechanics and data collection. Mad Mushroom manages distribution, customer support, and this Agreement.
Please take a moment to review this Agreement before installing or playing. By using the Game, you agree to the terms outlined here. If you have questions about who manages which features or how your data is handled, see Section VII or our Privacy Policy at www.madmushroom.gg/privacy-policy.
In this Agreement, “Game” refers to Conquest Dark and includes all downloadable content (“DLC”), updates, patches, expansions, in-game currency, services, and features provided by Mad Mushroom, the Developer, or our partners.
This Agreement applies to features and data managed by Mad Mushroom. For anything managed by the Developer or Online Platforms (like Steam), refer to their respective terms and privacy policies.
We use electronic communications for all interactions. By continuing, you agree to receive notices and updates electronically.
Please read this Agreement carefully and pay particular attention to these items:
- Community Guidelines. See Section III for rules governing both in-game and community behavior.
- Dispute Resolution. See Section X for binding arbitration and class action waiver provisions applicable to U.S. users.
Parents & Guardians
Platform stores like Steam include age ratings and safety info to help you decide whether Conquest Dark is right for your child. Please review each platform’s settings and privacy tools, and if needed, supervise your child’s use of the Game and online features.YOUR USE OF THE GAME
- Age Confirmation. By downloading or playing the Game, you confirm that you are either an adult in your country or have permission from a parent or guardian. If you’re underage, your parent or guardian must accept these terms on your behalf, typically through your platform account settings (e.g., Steam family controls). Mad Mushroom does not collect personal information or verify player age directly. These features are managed by the Developer or the Online Platform where the Game is accessed. If you're a parent and have questions about account settings or data, we recommend reviewing the privacy tools offered by your platform or contacting the Developer for support. Providing false information about your age or consent may lead to losing access to the Game or its features.
- System Requirements. You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use the Game. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use the Game. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.
- Online Platform. You may access the Game through an online platform like Steam, PlayStation, or Epic (“Online Platforms”). Each platform has its own rules for features like multiplayer, purchases, or user accounts. Your use of those features is also governed by the platform’s terms. In case of a conflict between this Agreement and the Online Platform’s terms, the platform’s rules will apply to that specific feature (e.g., refunds, account bans). Some features (like account setup, matchmaking, or data collection) are managed entirely by the platform or Developer. Mad Mushroom does not control these systems.
- Trial Version. If you're playing a trial version of the Game, you may see limits on time, features, or access. These limits may be enforced through technical tools that remain active after uninstalling the trial. Please don’t try to bypass these restrictions.
- Accessibility. We’re working to make the Game more accessible to all players, including those with disabilities. Some accessibility features may be limited by technical constraints. If you run into a barrier or have suggestions, let us know at support@madmushroom.gg.
OWNERSHIP OF THE GAME
- Proprietary & Intellectual Property Rights. “Intellectual Property Rights” include copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and other proprietary rights. Our Game’s “Content” includes all aspects of the Game, such as downloadable content (DLC), virtual currencies, virtual items, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics, audiovisual works, design, characters, icons, upgrades, links, and features, and are the exclusive property of Mad Mushroom, Developer, or their respective licensors. Certain licensed materials may remain the property of their respective owners. The Game and its Content are protected by copyright law, international copyright treaties, and other applicable laws. Nothing in this Agreement shall be construed to transfer ownership of any intellectual property not explicitly licensed to Mad Mushroom.
- License Grant for the Game. Mad Mushroom grants you a non-exclusive, revocable, non-transferable license to use the Game for personal, non-commercial entertainment. Ownership remains with Mad Mushroom, the Developer, or their licensors. Unauthorized uses, as outlined in Section III.A, may result in immediate termination of this license.
- Trademarks. All trademarks, service marks, logos, and graphics appearing in the Game are the property of their respective owners, including the Developer and any third-party licensors. Nothing in this Agreement shall be interpreted as granting you any rights to use any trademarks or branding elements associated with the Game, its content, or its publishers or developers. Any unauthorized use of such marks is strictly prohibited.
RESTRICTIONS, COMMUNITY STANDARDS & EXTERNAL CONTRIBUTIONS
Restrictions on Use. You may only use the Game for your personal, private, and non-commercial purposes. Any commercial use of this Game is prohibited, including sublicensing, leasing, or distributing the Game or any Content therein.The following actions are expressly prohibited:
- Distributing, leasing, licensing, selling, or transferring the Game without our written consent;
- Making the Game available on a network for use or download by multiple users;
- Installing the Game on a network or multiple platforms without authorization;
- Reverse engineering, decompiling, or modifying the Game, except as permitted by law;
- Removing or altering any proprietary notices within the Game;
- Violating any terms, policies, licenses, or code of conduct related to the Game's online features;
- Restricting or inhibiting any authorized user from enjoying the Game or its features;
- Exporting, re-exporting, or otherwise acting in violation of U.S. export laws, economic sanctions, or other applicable laws or regulations.
By installing and playing our Game or otherwise engaging with our community, you agree to:
- Respect all members. Avoid any language or behavior deemed racist, sexist, homophobic, xenophobic, or discriminatory. Harassment, trolling, and bullying (including repeated unwanted communications) will result in enforcement actions, up to and including a ban;
- Refrain from sharing any explicit or NSFW content, including but not limited to vulgar usernames, avatars, and images;
- Avoid spamming, including excessive use of caps, repetitive messages, or excessive emotes;
- Use English in general channels to ensure clarity and moderation. However, language-specific channels may exist to accommodate non-English speakers;
- Avoid discussions inciting harm, such as those related to violence, hate speech, or extreme political and religious ideologies. Constructive discussions should remain respectful and considerate of community members;
- Not impersonate other users, including staff, developers, or public figures; and to
- Not engage in unapproved advertising, solicitation, or offering of services unprompted via direct message.
External Contributions. We value your feedback but please refrain from submitting external contributions, including creative ideas, suggestions, or materials (collectively, “Contributions”). If you do, please understand that we may freely use them without any compensation to you. By sharing Contributions, you grant Mad Mushroom and Developer a worldwide, perpetual, irrevocable, non-exclusive right, and license to use them for any purpose, commercial or otherwise. You also agree to take any necessary actions to ensure the validity of these rights. You agree to waive, to the fullest extent permitted by applicable law, any moral rights you may hold in the Contributions. In jurisdictions where moral rights cannot be waived, we will use reasonable efforts to respect your attribution preferences and not modify your work in a way that harms your reputation.
VIRTUAL CURRENCY & ITEMS
This section presents the rules for the acquiring and use of virtual currency (“Virtual Currency”) and virtual items such as boosts and customization cosmetics (“Virtual Items” or “Items”) within the Game.- No Monetary Value. All Virtual Currency and Items in the Game are made available by the Developer and are fictional, have no cash value. They may not be exchanged or redeemed outside the Game. Virtual Currency and Items are subject to the Developer’s rules and discretion, including availability, modification, or removal at any time. Mad Mushroom does not control the issuance, balance, or use of such items and disclaims any liability associated with them.
- Use & Ownership. You are granted a limited, revocable, non-transferable license to use Virtual Currency and Items within the Game for personal, non-commercial purposes. All rights remain with the Developer or its licensors. This license may be modified or revoked at the Developer’s discretion without notice or liability.
- Effect of Termination. If your license to use the Game is terminated for any reason, you acknowledge that we are not liable for any loss or damage caused to you and you lose all rights to any acquired Virtual Currency and Items.
TERM & TERMINATION
- Agreement Effectiveness. This Agreement becomes effective upon installation or use of the Game and may be terminated by you at any time by deleting and removing all copies. It terminates automatically upon your breach of any term. Upon termination, you must cease all use and delete all copies. Access to Virtual Currency, Items, or progress is forfeited without refund.
- Automatic Termination. The Agreement and any license granted by it will terminate automatically if you fail to comply with any term or condition. We may notify you of termination by email or through the Online Platform (e.g., Steam account ban notice), though we are not obligated to do so if termination is automatic under this Agreement. Upon termination, you must cease all use and immediately delete all copies from your devices. You agree to promptly confirm compliance with these actions upon request.
- Post Termination Conduct. Upon termination, you are prohibited from: (1) accessing, using, or attempting to use the Game or its Content in any form; (2) retaining, sharing, distributing, or otherwise making available any copies of the Game or its Content, in whole or in part; or (3) circumventing any technical measures or restrictions implemented by us to prevent access to the Game following termination.
- Survival. The following provisions of this Agreement shall survive termination: Dispute Resolution, Indemnification, Limitations of Liability, Ownership of the Game and Content, and any other provisions that by their nature should survive termination.
USER GENERATED CONTENT
- UGC Creation. Mad Mushroom and Developer encourage you to broadcast your gameplay, or User Generated Content (“UGC”), on streaming platforms, showcasing your experiences with the Game. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mad Mushroom and Developer to use, display, and distribute such UGC on the respective platforms.
- License Grant to You. Mad Mushroom grants you a limited, revocable, royalty-free, non-transferable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Game, and related copyrights and trademarks, for the sole purpose of creating UGC. Your license to use our Game to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
- License Grant to Mad Mushroom. You own your UGC, but by uploading or sharing UGC, you grant Mad Mushroom, Developer, and any authorized platform operators a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use your UGC for purposes connected to the Game and its community.
- Morality Clause. In addition to the terms set in this Agreement, to broadcast or upload your UGC you also agree to abide by this morality clause. To broadcast or upload UGC, you must clearly disclose any sponsorships or partnerships, respect intellectual property rights, and adhere to any non-disclosure agreements (“NDAs”) or embargoes on confidential information. You agree not to leak confidential data, promote illegal activities in your content. Violations of these terms may result in disciplinary actions, including warnings, suspensions, or permanent bans. We reserve the right to enforce these rules to protect the integrity and safety of our community.
- Responsibility for UGC. You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. By posting your UGC, you represent and warrant that: (1) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (2) the UGC is accurate and truthful; (3) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify Mad Mushroom, Developer, and other authorized parties against all claims resulting from any UGC or other content you create, share, upload, stream, or otherwise make available in connection with the Game, whether or not directly transmitted to us.
- Compliance with Community Guidelines. You are required to comply with Mad Mushroom’s Community Guidelines as referenced in this Agreement and our Terms. You must also follow any applicable guidelines established by the Developer or the Online Platform where the Game is accessed.
- UGC Removals. Mad Mushroom may remove any UGC from its platforms that violates this Agreement, Section VI.E, or applicable community standards. You agree to promptly comply with any reasonable removal requests. This right does not extend to platforms or services not controlled by us.
- Public Areas & Privacy. Certain websites, forums, or community spaces provided by Mad Mushroom may include areas where users post UGC. These spaces are public, and you should not expect privacy. Mad Mushroom is not responsible for information you choose to disclose in any public forum, including third-party platforms such as Discord, Twitch, or Steam. Please refer to the privacy policies of those services for more information. We do not monitor third-party platforms but reserve the right to report or cooperate with platform operators in moderating or removing harmful content.
DATA COLLECTION & FEEDBACK
- Scope of Data Collection. Gameplay-related data is collected primarily by the Developer and/or Online Platforms (e.g., Steam). Mad Mushroom does not embed telemetry tools in the Game and only receives limited data necessary for customer support or technical troubleshooting.
- Platform & Developer Practices. The Developer or Online Platforms may collect information like device type, crash logs, or gameplay performance. Such collection is governed by their respective privacy policies. We recommend reviewing those policies directly.
- Mad Mushroom Use of Data. If Mad Mushroom receives data (e.g., Steam or the Developer), we use that data to provide support, fix bugs, or respond to customer service requests. We don’t use this data for marketing, advertising, or profiling. We shar this information only with our internal teams and authorized service providers who need it to perform these tasks. For clarity, Mad Mushroom is responsible only for the limited data it directly receives and does not control data collected by the Developer or platform.
- Your Rights. If you reside in a jurisdiction with data protection laws, such as the EU under the General Data Protection Regulation (GDPR), you may have the right to request access, correction, deletion, or restriction of your personal data. To make a request regarding any data in our possession, contact us at privacy@madmushroom.gg. For data collected by platforms or the Developer, please refer to their policies or reach out to them directly.
- Data Retention & Access. Data retention is maintained as long as necessary to support your gameplay, including maintaining online progression, inventory, and multiplayer interactions. We retain your data for customer service and troubleshooting purposes as well. We limit access to your data to staff and trusted service providers involved in helping maintain the Game and support services.
- Online Purchases & Support. When you purchase the Game or contact us for support, we may receive data such as your name, email address, order number, or support history. This helps us fulfill orders and provide assistance.
- Data Privacy. All data collection, usage, and sharing practices are governed by our Privacy Policy, www.madmushroom.gg/privacy-policy. You can also request access to, correction of, or deletion of any data we receive by contacting privacy@madmushroom.gg.
LIMITED WARRANTY & LIABILITY
- Warranty Disclaimer. Mad Mushroom and Developer provide this Game “AS IS” and on an “AS AVAILABLE” basis. Mad Mushroom and the Developer make no express warranties or guarantees about the Game. TO THE GREATEST EXTENT PERMITTED BY LAW, EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER MAD MUSHROOM NOR THE DEVELOPER GUARANTEE THAT THE GAME WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR UNINTERRUPTED. Mad Mushroom and the Developer each disclaim warranties independently and are not responsible for the other’s conduct or services unless explicitly stated.
- Limitation of Liability. Mad Mushroom and Developer, including their respective affiliates, are not liable for any damages from using or being unable to use the Game. THIS LIMITATION INCLUDES DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). This includes damage to devices, except in cases of fraud, death, or personal injury caused by that party’s negligence. If the Game damages your device due to our lack of reasonable care, the responsible party may, at its discretion, provide compensation or repair. IN ALL EVENTS, MAXIMUM LIABILITY OF MAD MUSHROOM OR DEVELOPER, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GAME. This limitation of liability does not apply where prohibited by applicable law. For example, if you reside in a country that does not allow exclusion of certain warranties or liabilities, such limitations may not apply to you.
- Statutory Consumer Rights. Nothing in this Agreement limits your rights as a consumer under applicable local law.
- Back-up of Data Files. You are solely responsible for backing up your data and game files to a secure location. Mad Mushroom and the Developer do not guarantee data integrity and accept no liability for any lost or corrupted data.
INDEMNIFICATION
- You agree to defend, indemnify, and hold harmless Mad Mushroom, the Developer, and their respective officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising from or related to: (1) your use or misuse of the Game; (2) any UGC you create, post, stream, or share in connection with the Game; or (3) your violation of this Agreement or any applicable law.
- This indemnity applies only to claims that arise in connection with the Game or conduct governed by this Agreement. Each of Mad Mushroom, the Developer, and their respective personnel reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate in asserting available defenses.
DISPUTE RESOLUTION
- Good Faith Attempt. You agree that in the event of a dispute between you and Mad Mushroom, the Developer, or any authorized party acting on their behalf in connection with the Game, you will make a good faith attempt to resolve the matter informally for at least sixty (60) days before initiating arbitration. Binding Arbitration is defined and provided in our Terms at www.madmushroom.gg/terms-conditions. In case of any conflict between this Agreement and the Terms, the Terms shall prevail.
- Negotiation & Arbitration. If the parties cannot resolve a dispute through informal negotiations within thirty (30) days of receiving a written notice of dispute, you and Mad Mushroom (and the Developer, where applicable) agree to settle the matter through binding arbitration, following the rules of the American Arbitration Association. For clarity, “parties” in this Section refer to you and Mad Mushroom only, unless the Developer is explicitly named as a party to the dispute. The arbitration will take place in Williamson County, Texas. This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party), the nature and basis of your claim or dispute sufficiently detailed, and the specific relief you seek. This Section does not apply to users located in jurisdictions where mandatory arbitration clauses are unenforceable, such as the European Union. Such users retain their right to bring claims before their local courts.
- Individual Arbitration & Relief. Claims or controversies will be arbitrated individually. The arbitrator cannot alter the terms of this Agreement and may award equitable relief to enforce its terms, provided that it does not interfere with the rights of Mad Mushroom or its ability to distribute or support the Game. You and Mad Mushroom each agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis.
- Court Proceedings & Applicable Law. If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and maintain such claims in state and federal courts located within Williamson County, Texas. The prevailing party in any action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees. In connection with any dispute between us, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by the laws of the state of Texas and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Williamson County, Texas to resolve any claims that are subject to exceptions to the arbitration agreement.
- DMCA Complaints. Mad Mushroom respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Any user who infringes the rights of Mad Mushroom, the Developer, or any authorized party involved in the Game may be subject to immediate suspension or termination. You agree to comply with any court judgment or conditions imposed due to such claims, including ceasing use of the Game if required. If you believe that your work has been violated on our Websites or on our Services in a way that constitutes copyright infringement, please contact us at contact@madmushroom.gg.
GOVERNING LAW
- Applicable Laws. This Agreement shall be governed by and will be construed in accordance with the laws of the United States of America and the law of the State of Texas, without regard to choice of law principles.
- Exclusion of International Convention. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
- Canadian Residents. If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
- International Users. Users who access the Online Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
GENERAL
- Changes. We may update this Agreement and the Game, including features, content, or legal terms, from time to time to reflect changes in our business practices, legal obligations, or platform requirements. Where changes materially affect your rights, we will provide reasonable advance notice through the Game, our website, or associated distribution platforms. Your continued use of the Game after such updates constitutes your acceptance of the revised Agreement. If you do not agree with a material change, you must stop using the Game. In certain jurisdictions, you may have the right to reject updated terms and continue using the version of the Game available at the time of your acceptance. We encourage you to review this Agreement periodically to stay informed about any changes.
- Contact Us. If you provide us with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from us in electronic form at such email address. Delivery of any Notice from us is effective when sent to your email address, regardless of whether you actually receive or read the Notice. You agree to send us all legal notices, including notices of dispute and/or notices of infringement, to the address below.
By mail:
- ATTENTION: CUSTOMER SUPPORT
- Mad Mushroom Media, Inc.
- 1 Chisholm Trail, Suite 450
- Round Rock, Texas 78681
- United States
- No Waiver. Our failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Mad Mushroom may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
- Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
- Survival. Any provisions of this Agreement that by their nature should survive termination shall survive.
- Severability. If any part of this Agreement is deemed invalid or unenforceable, that portion shall be severed, and the remainder shall remain in effect.
- Non-Transferability. The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.
- Export Restrictions. You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import the Game or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer the Game or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
- US Government Restricted Rights. The Game and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights granted to all other end users under the terms and conditions of this Agreement. We reserve all unpublished rights under the copyright laws of the United States.
- Entire Agreement. This Agreement constitutes the entire understanding between you and us, superseding all prior agreements, whether oral or written. You acknowledge that you entered into this Agreement based solely on the representations and promises expressly stated here. A party’s failure to exercise any right under this Agreement does not constitute a waiver of that right. In case of a conflict between this Agreement and any other terms, this Agreement will prevail.
- Controlling Language. The original language of this Agreement is English even if it may be available in other languages. By clicking “I Agree,” you agree that the English version of this Agreement shall control any dispute between you and us arising from or related to this Agreement. The English version of this Agreement can be found at www.madmushroom.gg/conquestdark-eula-en.