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END USER LICENSE AGREEMENT
for
BOUNDLESS
ISSUED BY MONUMENTAL, LLC
Last updated 03 October 2022.
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO AND GOVERNS ALL USE OF OUR GAME, BOUNDLESS.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING BOUNDLESS (WHICH INCLUDES ANY FEATURES AND THE RELATED ONLINE SERVICE). IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL BOUNDLESS.
Boundless is a game owned by Monumental, LLC (“Monumental”). The term “Boundless” includes:
(I) the software and materials that are made available by Monumental in order for you to download, install or use Boundless;
(II) the Online Service (defined in Section 11 below);
(III) any Features (defined in Section 13 below); and
(IV) each part thereof, where and to the fullest extent that the content permits or requires.
Boundless comprises of copyright works of Monumental or its licensors.
Boundless is licensed, not sold. Your license confers no title or ownership in Boundless.
Boundless is solely for use by end users according to the terms of this EULA.
Any use, reproduction or redistribution of Boundless not in accordance with the terms of this EULA is expressly prohibited.
1. LIMITED USE LICENSE
1.1 Monumental hereby grants, and by installing Boundless you thereby accept, a limited, non-exclusive right and license to download, install and use one (1) copy of Boundless for your personal, non-commercial use on compatible devices that are owned by you, subject to the terms of this EULA.
1.2 This license includes the right, subject to Section 11 below, to use Boundless to post public messages within the game and to communicate with other users using the Online Service.
2. END USER OBLIGATIONS
2.1 You may use Boundless for your own personal non-commercial use as described in this EULA.
2.2 However, you are not entitled to, and must not, do any of the following except to the extent expressly permitted by this EULA:
2.2.1 sell, distribute or otherwise transfer copies or reproductions of Boundless to other parties in any way;
2.2.2 in whole or in part: copy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, disassemble, decompile, or create derivative works based on or of Boundless;
2.2.3 remove, disable, circumvent, modify or tamper any proprietary notices, labels or copy protection software contained on or within Boundless;
2.2.4 network Boundless or otherwise install or use it (or permit its use) on more than one device at the same time nor use or permit use of Boundless in a network, multi-user arrangement or remote access arrangement, including any online use otherwise than as part of the Online Service;
2.2.5 use Boundless for any illegal or immoral purposes;
2.2.6 export or re-export Boundless or any copy or adaptation in violation of any applicable laws or regulations;
2.2.7 create data or executable programs which mimic data or functionality in Boundless; and
2.2.8 otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in Boundless or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.
2.3 Where applicable law expressly provides that any of the restrictions in this EULA is not enforceable, that restriction shall apply to the fullest extent that it is enforceable.
2.4 You must report to us as soon as practicable any instances of cheating, defects or exploits within Boundless that you become aware of.
2.5 You must back-up to another secure location, on a regular basis, any data files concerning your use of Boundless as Monumental has no liability for lost or corrupted data.
2.6 Boundless is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
2.7 Monumental may in its sole discretion offer additional licenses to permit you to make Boundless available for commercial or network use (contact Monumental for details).
3. OWNERSHIP
3.1 All right, title, interest and ownership rights in Boundless and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with Boundless and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Monumental or its licensors.
3.2 Boundless is protected by copyright law, international copyright treaties and conventions and other laws.
3.3 All rights are asserted and reserved.
3.4 Boundless may contain certain licensed materials and Monumental licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.
3.5 If you translate, reverse engineer, modify, adapt, disassemble, decompile, merge or create derivative based on Boundless, the product and all end results of those acts shall belong to, vest in and be the exclusive property of Monumental on creation.
3.6 IF AS PART OF YOUR USE OF BOUNDLESS YOU RECEIVE OR GET ACCESS TO INFORMATION (INCLUDING SOFTWARE AND/OR DATA) THAT IS MARKED CONFIDENTIAL OR THAT MIGHT REASONABLY BE CONSIDERED TO BE CONFIDENTIAL OR NON-PUBLIC, YOU MUST KEEP THIS INFORMATION CONFIDENTIAL AND MUST NOT DISCLOSE IT OR ANY PART OF IT TO ANYONE, WITHOUT OUR WRITTEN PERMISSION, NOR USE IT FOR ANY PURPOSE OTHER THAN THAT EXPRESSLY PERMITTED BY Monumental.
4. GAME TRANSFER
You may NOT transfer any of your rights under this EULA to any person. If a third party wants to play Boundless he or she may be able to obtain their own version through lawful and authorized channels but user / player progress and Features are not-transferable.
5. TERMINATION
5.1 This EULA and the licenses granted to you by Monumental are effective until terminated.
5.2 You may terminate this EULA at any time by deleting and removing Boundless from your personal computer (and other hardware devices) and destroying any copy of Boundless in your possession.
5.3 This license will terminate automatically if you fail to abide by any of the terms and conditions set out in this EULA.
5.4 Monumental may additionally, at its discretion, give you notice of termination of this EULA in the event that it becomes aware that you are failing to comply with the terms and conditions of it. In that event, you will no longer be permitted to play Boundless and must immediately destroy and erase it and all and any copies in your possession or control and stored on any media whatsoever, and on Monumental’s request certify that you have done so.
6. EXPORT
Boundless may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. WARRANTY AND LIMITATION OF LIABILITY
7.1 Monumental WARRANTS ONLY THAT:
7.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HERUNDER; AND
7.1.2 IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT BOUNDLESS WILL BE AVAILABLE FOR 3 MONTHS FROM THE DATE ON WHICH YOU PURCHASE THE GAME.
7.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
7.2.1 THE FOREGOING WARRANTIES SET OUT ABOVE DEFINE IN FULL THE EXTENT OF MONUMENTAL’S LIABILITY, WARRANTIES AND YOUR REMEDIES AND Monumental ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF THOSE WARRANTIES SUBJECT AS SET OUT IN THIS EULA;
7.2.2 Monumental AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £26.99;
7.2.3 Monumental EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
7.2.4 Monumental AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE BOUNDLESS, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
7.2.5 BOUNDLESS IS NOT FOR COMMERCIAL USE OR USE IN A COMMERCIAL ENVIRONMENT AND Monumental AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS;
7.2.6 Monumental AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF BOUNDLESS HAS BEEN MODIFIED IN ANY MANNER (NOT BY Monumental OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT;
7.2.7 BOUNDLESS IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;
7.2.8 Monumental DOES NOT WARRANT THAT THE OPERATION OF BOUNDLESS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED;
7.2.9 YOU INSTALL AND USE BOUNDLESS AT YOUR OWN RISK.
7.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY MONUMENTAL’S NEGLIGENCE.
8. INDEMNITY AND REMEDIES
8.1 You hereby indemnify (agree to compensate), defend and hold harmless Monumental and Monumental’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against:
8.1.1 any and all any liabilities, claims, costs and expenses (including legal expenses and attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of Boundless (which includes Features and the Online Service), any User Content and any negligent or improper use of your password and username; and/or
8.1.2 any use otherwise than in accordance with the terms of this EULA.
8.2 You shall fully cooperate with Monumental in the defense of any such claim and Monumental reserves the right, at Monumental’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8.3 You further agree that the subject matter of this EULA is of a unique character with special value and that Monumental would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Monumental shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as Monumental may otherwise have available to it under applicable laws.
8.4 Monumental's licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
9. SEVERABILITY
In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
10. APPLICABLE LAW
10.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use Boundless (including the Features and Online Service) and this EULA are subject to English Law.
10.2 In the event that English Law cannot apply in the country you obtained or use Boundless, local law will apply.
10.3 Boundless (and each part of it, including the Features and Online Service) is intended for use and may only be used in countries where all such use is lawful.
11. ONLINE SERVICE AND USER CONTENT
11.1 Monumental provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to Boundless (“Online Service“) subject to the terms and conditions of this EULA. In connection therewith the following additional terms apply:
11.1.1 The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with the terms of this EULA.
11.1.2 Monumental is engaged in the business of marketing and publishing Boundless and providing the related entertainment services in the form of the Online Service. Ancillary to that it is engaged in the transmission, storage, retrieval, hosting, formatting or translation of your and other third party content, information and communications (“User Content”) without selection or alteration of the content of the communication for which it is a mere conduit.
11.1.3 In connection with the use of Boundless and the Online Service ONLY and subject to the terms of this EULA, you may and are granted a limited, non-exclusive license and right to use the software that forms part of Boundless and the Online Service to communicate with other users of Boundless using the Online Service and post, transmit, communicate and to make available User Content. The applicable parts of Boundless and the Online Service may only be used for such User Content. By doing so you hereby grant to Monumental an unrestricted, transferable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive right and license to use and make available any such User Content in any manner or media.
11.1.4 To use the Online Service you must be 13 years old or older or else have your parent’s or guardian’s consent to do so on the terms of this EULA. By using the Online Service you therefore confirm that you are 13 years old or older, or else have your parent’s or guardian’s consent (in which case your parent or guardian has read and agreed to the terms of this EULA).
11.1.5 You agree and accept that Monumental has no responsibility to review any User Content all of which is made available on the basis that Monumental shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
11.1.6 The views expressed in any User Content are the views of the individual authors and not those of Monumental unless specified otherwise by Monumental. In particular, but without limitation to the above, Monumental is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
11.1.7 Monumental gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the User Content or the Online Service and shall not be responsible for any loss or damage caused as a result of any use of such information or material.
User Content Rules
11.1.8 You agree and undertake that you will not post, communicate, transmit or make available to or through the Online Service any User Content, statement, material, communication or content that:
(a) is unlawful or which gives rise to civil or criminal liability;
(b) infringes the intellectual property rights of any third party;
(c) assists piracy including any requests for software keys or pirated software;
(d) is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
(e) is abusive, seditious, sexist, pornographic, homophobic, defamatory, libelous, discriminatory, obscene or racist;
(f) harasses any person;
(g) may be deemed a marketing or commercial communication or promotes the products or services of any person other than Monumental or Boundless;
(h) promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
(i) is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
(j) contains any URLS or links to external sites;
(k) contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
(l) solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
11.2 You further agree that in any activity undertaken following use of and related to your use of the Online Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Online Service, Monumental or Boundless.
11.3 Monumental shall be entitled to remove, restrict, suspend or alter any user account and any User Content (including the ability to share or create User Content and to post public messages or message other users) for any reason in its sole and absolute discretion including because the use or User Content might be unacceptable as described in this EULA (such as hacking the game, cheating, abusing other players, being offensive, reverse engineering the game, modifying the game, connecting to the servers outside of the game client, impersonating other players).
11.4 If you discover User Content which you believe contravenes this EULA please notify Monumental at support@playboundless.com with details of the User Content and where you found it.
12. ONLINE SERVICE ACCOUNTS
12.1 In order to use the Online Service you will need to register, for which you will need to submit certain information and choose a username and a password.
12.2 You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect the indemnity above will apply.
12.3 You accept and understand that you are obliged to ensure that all information held about you by Monumental is up to date and that you can amend your registration details at any time through the Online Service.
12.4 The username and password chosen by and issued to you upon registration with Monumental is personal to you in order to facilitate your use of and access to the Online Service and shall not be disclosed to any third party without Monumental’s prior written consent.
12.5 In the event that you believe your username, password or account to have been compromised you must inform Monumental immediately.
12.6 You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username.
12.7 You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your username and password whatsoever. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. Monumental IS NOT LIABLE FOR ANY NEGLIGENT OR IMPROPER USE OF YOUR USERNAME, PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
12.8 By using the Online Service you confirm that you have the necessary hardware, software and capability required to do so and that Monumental and its licensors shall have no liability in relation to hardware, software or anything else required to make use of Boundless or Online Service.
Please note:
You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Monumental has no way of telling if statements made by other users are true. This is a decision that can only be made by you and the exercise of some degree of caution is recommended. By using the Online Service and its parts you accept that this is the case and accept the risk associated with it. Users must take particular care in relation to the disclosure of their own personal information.
13. BOUNDLESS FEATURES
13.1 As part of and to enhance your use and enjoyment of Boundless you may be able to obtain additional features that form part of the Boundless experience (“Features”).
13.2 Features of Boundless are also part of a service that may be used subject to this EULA and on the basis of the license granted by this EULA. This EULA shall apply to the Features and reference to Boundless shall include reference to the Features.
13.3 This EULA and your use of Boundless do not give you any rights of ownership in any property whether tangible or intangible (including in any Feature).
13.4 Features may be exchanged for other Features in and as part of Boundless only.
13.5 Features include a virtual currency used in and as part of Boundless (“Cubits”).
13.6 You may obtain or receive Features (including Cubits and anything that can be purchased with Cubits within Boundless) free of charge as part of and as a result of your participation in Boundless.
13.7 You may also purchase additional Features using your Boundless account, credit or debit card, SMS, PayPal account or as otherwise described in the payment section at http://playboundless.com. Such additional Features include timed features such as the ability to rent your own world for a period of 30, 90 or 180 days (where applicable, these periods will be for one month, three months or six months) and “Gleam Club” which grants users a range of aesthetic perks for a period of 30, 90 or 180 days (where applicable, these periods will be for one month, three months or six months). These additional features may only be obtained in this way.
13.8 Cubits, the ability to rent your own world and Gleam Club access are Features and in common with all Features have no cash or real world value.
13.9 All Features are locked to the platform they were purchased on.
13.10 It is a condition and fundamental term of this EULA and your use of Boundless that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Feature (including Cubits) outside of Boundless or in any way other than as expressly provided above, namely that certain Features may only be exchanged for certain other designated Features in and as part of Boundless only.
13.11 It is a further condition and fundamental term of this EULA and your use of Boundless that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspect of Boundless including your Boundless account, password or username.
13.12 When you buy a Feature you are buying a right to use that Feature within, in and as part of Boundless only, in accordance with this EULA.
13.13 Boundless also offers users the ability to craft and gather certain in-game items for free and to trade these items with other users within Boundless only. ONLY ITEMS THAT ARE FOUND AND CRAFTED WITHIN BOUNDLESS MAY BE TRADED IN THIS WAY.
13.14 Features that may be purchased are advertised for sale in Boundless so that you may offer to purchase them for the price stated in the manner described below.
13.15 When you submit a request to purchase Features you are offering to purchase them for the price stated ("Order").
13.16 Orders are subject to this EULA and will be confirmed by e-mail. Orders are deemed accepted when Monumental sends the confirmation e-mail or the feature becomes available to use.
13.17 Monumental may cancel any sale and not supply Features if it is reasonable to do so and may change or discontinue the availability of Features at any time at its sole discretion. Monumental may also vary how it makes Features at any time in its sole discretion.
13.18 Monumental cannot guarantee that a particular Feature will always be available or will always be available in the same manner. Monumental will not be liable for any consequences of the availability or use (or misuse) of any Feature or its impact on your use of Boundless.
13.19 The purchase of a Feature (such as Cubits) is a service that commences when you or Monumental commence the download of the Feature to your computer or portable device, following which you shall not be entitled to cancel your Order.
13.20 If you cannot use a Feature due to an error or fault, please contact Monumental as set out below and Monumental will endeavor to provide you with a replacement version to download and if Monumental is unable to do so you may be entitled to a refund.
13.21 If a Feature is faulty or defective, please contact Monumental as set out below and Monumental will as soon as reasonably possible provide you with a replacement or provide a refund or credit to your applicable account and remove that Features from your use of Boundless.
13.22 Charges will appear on your monthly credit card, bank, phone, PayPal or other account statements.
13.23 You will not be charged for any Orders that cannot be fulfilled and where appropriate Monumental will re-credit to your account any sum debited by Monumental. PLEASE DO NOT SEND CASH. Monumental MAY NOT ACCEPT CASH (BUT RESERVES THE RIGHT TO DO SO). Monumental WILL NOT BE RESPONSIBLE FOR CASH, POSTAL ORDER, MONEY ORDER OR CHEQUE LOST IN THE POST OR SENT TO BUT NOT RECEIVED BY Monumental.
13.24 Your statutory rights are unaffected by this EULA.
14. ADDITIONAL TERMS APPLYING TO STEAM PURCHASES
Boundless is owned, operated and published by Monumental and is licensed to you by Monumental pursuant to the terms of this EULA.
15. CONSUMER RIGHTS
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Monumental’s liability for death or personal injury resulting from its negligence or any fraudulent representation.
16. EULA ACKNOWLEDGEMENT
You hereby acknowledge that you have read and understand the foregoing EULA and agree that the action of installing Boundless is an acknowledgement of your agreement to be bound by the terms and conditions of this EULA contained herein. You also acknowledge and agree that this EULA is the complete and exclusive statement of the agreement between Monumental and you and that this EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other User Content between Monumental and you, including any inconsistent written license agreement accompanying Boundless.
Copyright 2022 Monumental, LLC. All Rights Reserved.
PRIVACY AND DATA POLICY
ISSUED BY Monumental LIMITED
Last Updated: 7 August 2018
1. INTRODUCTION AND GENERAL TERMS
This privacy and data policy (“Privacy Policy”) applies and has effect in respect of the game Boundless, any related online services (including online network play connectivity and interactivity) and other software and products made available by Monumental Limited (‘Monumental’ / ‘we’ / ‘us’) (together the "Game(s)"), as well as any other online features relating to the Game including the Boundless website (http://playboundless.com/) (the “Website”), the devlog and our online forums (https://forum.playboundless.com/categories) (the “Forums”), user support centers (https://account.playboundless.com and https://support.playboundless.com) (the “Support Centers"). Together the Game(s), the Website (including any subdomains of the Website), the Forums and the Support Centers are referred to as the “Online Services”.
The Game is developed by, and the Online Services are controlled by, Monumental. Our registered office is at 1600 Rio Grande St., Austin, TX 78701. We are a company registered in the United States.
If you have any questions or comments about this Privacy Policy, please contact us at support@playboundless.com.
We are committed to protecting and respecting your privacy. The Privacy Policy explains the basis on which personal information we collect from you will be processed by us or on our behalf. Where we decide the purpose or means for which personal data you supply through these Online Services is processed, we are the “data controller.” We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679.
Please read this Privacy Policy carefully as it contains important information about the following:
What information we may collect about you;
How we will use information we collect about you;
Whether we will disclose your details to anyone else; and
Your choices and rights regarding the personal information you have provided to us.
This Privacy Policy forms a part of and should be read in conjunction with our terms of use for the Website and the end user license agreement for the Game, which can all be found at http://playboundless.com/.
The Online Services may contain hyperlinks to services owned and operated by third parties. These third party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal information that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk.
We may make changes to this Privacy Policy in future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes through the Games.
2. INFORMATION WE MAY COLLECT ABOUT YOU
We collect and process the following information which may include your personal data.
Information provided by you when using the Games
(“Basic Information”)
We will collect the following information from you when you play our Game:
your Steam ID (if applicable);
any third party platform profile display names;
Single Sign On User ID;
your in-Game username;
your PlayStation Network ID;
your unique PlayStation user identifier;
your email address;
your account server cookie;
your IP address;
your character names used within the Game;
any purchases you make within the Game, excluding payment details but including purchases of virtual currency, world rental, Gleam Club monthly membership and transaction ID;
your actions and activity within the Game including in-Game player chat;
your user preferences; and
Core information milestones related to your gameplay, such as your overall progression to a particular level or stage or the completion of certain activities during your gameplay (for example, completing a tutorial or passing a level).
Contact information provided by you when you contact us or use the Support Centers
(“Contact Information”)
We may ask you for, or you may submit, certain contact information to us whenever you contact us through the Forums or via support@playboundless.com or privacy@monumental.io.
This may include:
• your email address; and
• your name.
Information collected for the purposes of providing analytics
(“Analytics”)
We may collect technical information about your use of the Online Services through the use of tracking technologies and analytics.
Personal data we may collect includes the following:
• how many times you visit the Website;
• which pages you go to;
• traffic data;
• your IP and MAC address;
• your internet service provider;
• your Device ID;
• your Console ID;
• your user ID (which is generated by us and allocated to you when you first play the Game);
• your device operating system & version;
• your device make and model;
• purchase transaction types and spend you have made using virtual items in the Game;
• game play attempts, progression and results;
• session game time start, end and duration;
• the country of your device; and
• identification of crashes and defects.
We use the following third party analytics providers:
• Google Analytics; and
• Google BigQuery.
Google may collect analytics data on our behalf and in accordance with our instructions, and its applicable privacy notice. If you would like to find out more about the way Google collects and processes this information this is likely to be set out in their privacy policy and/or terms and conditions. Please refer to https://policies.google.com/privacy and https://policies.google.com/terms.
Content created by our users which we host and display in the Game, on the Forums and in the Support Centers
(“User Content”)
When users submit their own User Content to the Game, Forums or Support Centers, this content may contain personal and non-personal information. This could include information in or about the User Content, such as the location of a photo or the date a file was created, or anything else a user decides to communicate using these parts of our Online Services.
3. WHY WE COLLECT INFORMATION ABOUT YOU
To provide the Online Services to you
We will use information about you (including Basic Information, Analytics and User Content) for delivering the Game to you under the terms of use agreed between us. We will use the Single Sign On User ID to enable users to log in to multiple services. The processing of information in this way is necessary for us to record your progress and current status within the Game, and to ensure the Game delivers the features promised and function properly, so that you have the best experience when playing the Game and using the Online Services.
To help us improve the Online Services and fix any problems
We may process information about you (including Basic Information, User Content and Analytics) so that we can analyze and improve the Game and Online Services.
This processing is also necessary for us to pursue our legitimate interests of (i) ensuring that our Online Services function properly so that you and other users have the best experience when playing any of our Game(s) and using the other Online Services; (ii) improving the quality of our Online Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs in the Game and Online Services.
To respond to your enquiries and requests for support and to enable you to use the Forums and Support Centers
We may process Contact Information so that we are able to properly respond to your enquiries and support requests either via the Support Centers or the Forums or through any of our email addresses and so you are able to use the Forums, in accordance with the terms of use agreed between us.
To improve the monetization of the Game via in-game purchases
We may process information (including Basic Information, User Content and Analytics) to understand how users use the Game and spend money within the Game, and to compile statistical reports regarding that activity, as well as understanding how users progress, and their current status within the Game. This processing is necessary for us to pursue our legitimate interests of improving the Game and increasing the amount of revenue generated via in-game purchases.
To prevent fraud and illegal activity
We process personal data for our legitimate interests of ensuring that any use of the Online Services is lawful and non-fraudulent, does not disrupt the operation of our services, does not harass our staff or other individuals, to enforce our legal rights and to comply with our legal obligations.
Where we reasonably believe that you are or may be in breach of any applicable laws or our terms of use, we may use your personal information to inform relevant third parties such as your law enforcement agencies about the content.
We reserve the right to disclose your identity to any third party who is claiming that any User Content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. You may not copy, download, or embed any User Content without the express written permission of the content owner. You may not use any User Content for any commercial purposes, or any public performances.
4. COOKIES
A cookie is a text file placed onto your device when you access our Website. We use cookies and other online tracking devices such as web beacons and flash object storage, which are strictly necessary to deliver, improve and monitor our Website, including in the following ways:
Authentication To log you into the Forums and keep you logged in.
The information we obtain from our use of cookies will not usually contain your personal data. Although we may obtain information about your device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally.
Our Website should display a notice alerting you to our use of cookies and other similar technologies and linking to this privacy policy. If you use our Website after this notice has been displayed to you we will assume that you consent to our use of cookies or similar technologies for the purposes described in this privacy policy.
Please note that if you choose to disable cookies, or similar technologies, on your device you may be unable to make full use of our Website.
We work with third parties who may also set cookies on our Website, for example Google Analytics, Google AdSense, Facebook, Twitter and YouTube, which we use to display video content, enable social networking functionality and sharing, to deliver ads, and to monitor how visitors use our Games and Website. These third party suppliers are responsible for the cookies they set on your device.
If you want to learn about how to opt out of Google’s use of cookies, please visit https://tools.google.com/dlpage/gaoptout/ or your Google Ads Settings (https://www.google.com/settings/u/0/ads/authenticated). The Google Analytics terms of service can be accessed here: www.google.co.uk/analytics/terms/us.html. For further information please visit the website of the relevant third party.
5. DATA SHARING
We will share your information with third parties only in the ways that are described in this Privacy Policy
Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.
Merger or acquisition: If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
Required by law: In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
Enforcement: We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of Monumental, our customers, or others.
Digital Content Stores: Where the Game is downloaded through Steam and/or PSN, we may disclose your personal information to Valve Corporation and/or Sony respectively for the purposes of facilitating any payments made through these platforms.
6. CONSUMER CONTROL AND OPT-OUT OPTIONS
If you do not wish to receive promotional or other marketing material from us or third parties then you can opt-out by changing your account settings in the Online Services at any time. Alternatively, you can contact us via support@playboundless.com and let us know that you no longer wish to receive promotional or other marketing material from us or third parties.
7. YOUR RIGHTS IN RELATION TO PERSONAL DATA WHICH WE PROCESS RELATING TO YOU
You have the following rights over the way we process personal data relating to you, as set out in the table below. We aim to comply without undue delay, and within one month at the latest.
To make a request, please let our Data Protection Officer know by sending an email to privacy@monumental.io.
Ask for a copy of data we are processing about you and have inaccuracies corrected
You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed to).
Object to us processing data about you
You can ask us to restrict, stop processing, or to delete your personal data if:
you consented to our processing the personal data, and have withdrawn that consent;
we no longer need to process that personal data for the reason it was collected;
we are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of Monumental or a third party, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;
the personal data was unlawfully processed;
you need the personal data to be deleted in order to comply with legal obligations;
the personal data is processed in relation to the offer of a service to a child.
Obtain a machine readable copy of your personal data, which you can use with another service provider
If we are processing data in order to perform our obligations to you, or because you consented, or if that processing is carried out by automated means, we will help you to move, copy or transfer your personal data to other IT systems.
If you request, we will supply you with the relevant personal data in in a commonly used, machine-readable and interoperable format. Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.
Make a complaint to a Supervisory Authority
If you are unhappy with the way we are processing your personal data, please let us know by contacting us via the support services.
If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority.
8. DATA RETENTION
We will hold your personal information on our systems for as long as is necessary for the relevant service, or as otherwise described in this Privacy Policy.
9. CHILDREN
We do not use our Online Services to knowingly solicit information from or market to children under the age of 13. Our terms of use prohibit users aged under 13 years from accessing our Online Services. In the event that we learn that we have collected personal information from a child under 13 years of age we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age please contact us at support@playboundless.com.
10. SECURITY
We will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. For example, our services are protected by Credential Access Limited, 2 Factor Authentication is enabled on root credential for managing the services and all communications are sent over encrypted network channels.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
11. INTERNATIONAL DATA TRANSFERS
It is possible that your personal information may be transferred outside of the EEA by Valve Corporation or Sony. We recommend that you refer to the privacy policies and/or terms and conditions of these third parties if you are concerned about your data being transferred outside the EEA.
Where we transfer your information outside of the EEA, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your personal data. If you would like to find out more about these safeguards, please let us know by writing to privacy@monumental.io
CONTACT INFORMATION
All questions, comments or enquiries should be directed to Monumental at privacy@monumental.io
We will endeavor to respond to any query or questions within three business days.
Copyright 2022 Monumental, LLC. All Rights Reserved. All trade marks are the property of the relevant owners. All rights reserved.
for
BOUNDLESS
ISSUED BY MONUMENTAL, LLC
Last updated 03 October 2022.
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO AND GOVERNS ALL USE OF OUR GAME, BOUNDLESS.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING BOUNDLESS (WHICH INCLUDES ANY FEATURES AND THE RELATED ONLINE SERVICE). IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL BOUNDLESS.
Boundless is a game owned by Monumental, LLC (“Monumental”). The term “Boundless” includes:
(I) the software and materials that are made available by Monumental in order for you to download, install or use Boundless;
(II) the Online Service (defined in Section 11 below);
(III) any Features (defined in Section 13 below); and
(IV) each part thereof, where and to the fullest extent that the content permits or requires.
Boundless comprises of copyright works of Monumental or its licensors.
Boundless is licensed, not sold. Your license confers no title or ownership in Boundless.
Boundless is solely for use by end users according to the terms of this EULA.
Any use, reproduction or redistribution of Boundless not in accordance with the terms of this EULA is expressly prohibited.
1. LIMITED USE LICENSE
1.1 Monumental hereby grants, and by installing Boundless you thereby accept, a limited, non-exclusive right and license to download, install and use one (1) copy of Boundless for your personal, non-commercial use on compatible devices that are owned by you, subject to the terms of this EULA.
1.2 This license includes the right, subject to Section 11 below, to use Boundless to post public messages within the game and to communicate with other users using the Online Service.
2. END USER OBLIGATIONS
2.1 You may use Boundless for your own personal non-commercial use as described in this EULA.
2.2 However, you are not entitled to, and must not, do any of the following except to the extent expressly permitted by this EULA:
2.2.1 sell, distribute or otherwise transfer copies or reproductions of Boundless to other parties in any way;
2.2.2 in whole or in part: copy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, disassemble, decompile, or create derivative works based on or of Boundless;
2.2.3 remove, disable, circumvent, modify or tamper any proprietary notices, labels or copy protection software contained on or within Boundless;
2.2.4 network Boundless or otherwise install or use it (or permit its use) on more than one device at the same time nor use or permit use of Boundless in a network, multi-user arrangement or remote access arrangement, including any online use otherwise than as part of the Online Service;
2.2.5 use Boundless for any illegal or immoral purposes;
2.2.6 export or re-export Boundless or any copy or adaptation in violation of any applicable laws or regulations;
2.2.7 create data or executable programs which mimic data or functionality in Boundless; and
2.2.8 otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in Boundless or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA.
2.3 Where applicable law expressly provides that any of the restrictions in this EULA is not enforceable, that restriction shall apply to the fullest extent that it is enforceable.
2.4 You must report to us as soon as practicable any instances of cheating, defects or exploits within Boundless that you become aware of.
2.5 You must back-up to another secure location, on a regular basis, any data files concerning your use of Boundless as Monumental has no liability for lost or corrupted data.
2.6 Boundless is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
2.7 Monumental may in its sole discretion offer additional licenses to permit you to make Boundless available for commercial or network use (contact Monumental for details).
3. OWNERSHIP
3.1 All right, title, interest and ownership rights in Boundless and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with Boundless and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Monumental or its licensors.
3.2 Boundless is protected by copyright law, international copyright treaties and conventions and other laws.
3.3 All rights are asserted and reserved.
3.4 Boundless may contain certain licensed materials and Monumental licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.
3.5 If you translate, reverse engineer, modify, adapt, disassemble, decompile, merge or create derivative based on Boundless, the product and all end results of those acts shall belong to, vest in and be the exclusive property of Monumental on creation.
3.6 IF AS PART OF YOUR USE OF BOUNDLESS YOU RECEIVE OR GET ACCESS TO INFORMATION (INCLUDING SOFTWARE AND/OR DATA) THAT IS MARKED CONFIDENTIAL OR THAT MIGHT REASONABLY BE CONSIDERED TO BE CONFIDENTIAL OR NON-PUBLIC, YOU MUST KEEP THIS INFORMATION CONFIDENTIAL AND MUST NOT DISCLOSE IT OR ANY PART OF IT TO ANYONE, WITHOUT OUR WRITTEN PERMISSION, NOR USE IT FOR ANY PURPOSE OTHER THAN THAT EXPRESSLY PERMITTED BY Monumental.
4. GAME TRANSFER
You may NOT transfer any of your rights under this EULA to any person. If a third party wants to play Boundless he or she may be able to obtain their own version through lawful and authorized channels but user / player progress and Features are not-transferable.
5. TERMINATION
5.1 This EULA and the licenses granted to you by Monumental are effective until terminated.
5.2 You may terminate this EULA at any time by deleting and removing Boundless from your personal computer (and other hardware devices) and destroying any copy of Boundless in your possession.
5.3 This license will terminate automatically if you fail to abide by any of the terms and conditions set out in this EULA.
5.4 Monumental may additionally, at its discretion, give you notice of termination of this EULA in the event that it becomes aware that you are failing to comply with the terms and conditions of it. In that event, you will no longer be permitted to play Boundless and must immediately destroy and erase it and all and any copies in your possession or control and stored on any media whatsoever, and on Monumental’s request certify that you have done so.
6. EXPORT
Boundless may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. WARRANTY AND LIMITATION OF LIABILITY
7.1 Monumental WARRANTS ONLY THAT:
7.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HERUNDER; AND
7.1.2 IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT BOUNDLESS WILL BE AVAILABLE FOR 3 MONTHS FROM THE DATE ON WHICH YOU PURCHASE THE GAME.
7.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
7.2.1 THE FOREGOING WARRANTIES SET OUT ABOVE DEFINE IN FULL THE EXTENT OF MONUMENTAL’S LIABILITY, WARRANTIES AND YOUR REMEDIES AND Monumental ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF THOSE WARRANTIES SUBJECT AS SET OUT IN THIS EULA;
7.2.2 Monumental AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £26.99;
7.2.3 Monumental EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
7.2.4 Monumental AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE BOUNDLESS, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
7.2.5 BOUNDLESS IS NOT FOR COMMERCIAL USE OR USE IN A COMMERCIAL ENVIRONMENT AND Monumental AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS;
7.2.6 Monumental AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF BOUNDLESS HAS BEEN MODIFIED IN ANY MANNER (NOT BY Monumental OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT;
7.2.7 BOUNDLESS IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;
7.2.8 Monumental DOES NOT WARRANT THAT THE OPERATION OF BOUNDLESS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED;
7.2.9 YOU INSTALL AND USE BOUNDLESS AT YOUR OWN RISK.
7.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY MONUMENTAL’S NEGLIGENCE.
8. INDEMNITY AND REMEDIES
8.1 You hereby indemnify (agree to compensate), defend and hold harmless Monumental and Monumental’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against:
8.1.1 any and all any liabilities, claims, costs and expenses (including legal expenses and attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of Boundless (which includes Features and the Online Service), any User Content and any negligent or improper use of your password and username; and/or
8.1.2 any use otherwise than in accordance with the terms of this EULA.
8.2 You shall fully cooperate with Monumental in the defense of any such claim and Monumental reserves the right, at Monumental’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8.3 You further agree that the subject matter of this EULA is of a unique character with special value and that Monumental would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Monumental shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as Monumental may otherwise have available to it under applicable laws.
8.4 Monumental's licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
9. SEVERABILITY
In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
10. APPLICABLE LAW
10.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use Boundless (including the Features and Online Service) and this EULA are subject to English Law.
10.2 In the event that English Law cannot apply in the country you obtained or use Boundless, local law will apply.
10.3 Boundless (and each part of it, including the Features and Online Service) is intended for use and may only be used in countries where all such use is lawful.
11. ONLINE SERVICE AND USER CONTENT
11.1 Monumental provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to Boundless (“Online Service“) subject to the terms and conditions of this EULA. In connection therewith the following additional terms apply:
11.1.1 The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with the terms of this EULA.
11.1.2 Monumental is engaged in the business of marketing and publishing Boundless and providing the related entertainment services in the form of the Online Service. Ancillary to that it is engaged in the transmission, storage, retrieval, hosting, formatting or translation of your and other third party content, information and communications (“User Content”) without selection or alteration of the content of the communication for which it is a mere conduit.
11.1.3 In connection with the use of Boundless and the Online Service ONLY and subject to the terms of this EULA, you may and are granted a limited, non-exclusive license and right to use the software that forms part of Boundless and the Online Service to communicate with other users of Boundless using the Online Service and post, transmit, communicate and to make available User Content. The applicable parts of Boundless and the Online Service may only be used for such User Content. By doing so you hereby grant to Monumental an unrestricted, transferable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive right and license to use and make available any such User Content in any manner or media.
11.1.4 To use the Online Service you must be 13 years old or older or else have your parent’s or guardian’s consent to do so on the terms of this EULA. By using the Online Service you therefore confirm that you are 13 years old or older, or else have your parent’s or guardian’s consent (in which case your parent or guardian has read and agreed to the terms of this EULA).
11.1.5 You agree and accept that Monumental has no responsibility to review any User Content all of which is made available on the basis that Monumental shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
11.1.6 The views expressed in any User Content are the views of the individual authors and not those of Monumental unless specified otherwise by Monumental. In particular, but without limitation to the above, Monumental is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
11.1.7 Monumental gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the User Content or the Online Service and shall not be responsible for any loss or damage caused as a result of any use of such information or material.
User Content Rules
11.1.8 You agree and undertake that you will not post, communicate, transmit or make available to or through the Online Service any User Content, statement, material, communication or content that:
(a) is unlawful or which gives rise to civil or criminal liability;
(b) infringes the intellectual property rights of any third party;
(c) assists piracy including any requests for software keys or pirated software;
(d) is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
(e) is abusive, seditious, sexist, pornographic, homophobic, defamatory, libelous, discriminatory, obscene or racist;
(f) harasses any person;
(g) may be deemed a marketing or commercial communication or promotes the products or services of any person other than Monumental or Boundless;
(h) promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
(i) is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
(j) contains any URLS or links to external sites;
(k) contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
(l) solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
11.2 You further agree that in any activity undertaken following use of and related to your use of the Online Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Online Service, Monumental or Boundless.
11.3 Monumental shall be entitled to remove, restrict, suspend or alter any user account and any User Content (including the ability to share or create User Content and to post public messages or message other users) for any reason in its sole and absolute discretion including because the use or User Content might be unacceptable as described in this EULA (such as hacking the game, cheating, abusing other players, being offensive, reverse engineering the game, modifying the game, connecting to the servers outside of the game client, impersonating other players).
11.4 If you discover User Content which you believe contravenes this EULA please notify Monumental at support@playboundless.com with details of the User Content and where you found it.
12. ONLINE SERVICE ACCOUNTS
12.1 In order to use the Online Service you will need to register, for which you will need to submit certain information and choose a username and a password.
12.2 You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect the indemnity above will apply.
12.3 You accept and understand that you are obliged to ensure that all information held about you by Monumental is up to date and that you can amend your registration details at any time through the Online Service.
12.4 The username and password chosen by and issued to you upon registration with Monumental is personal to you in order to facilitate your use of and access to the Online Service and shall not be disclosed to any third party without Monumental’s prior written consent.
12.5 In the event that you believe your username, password or account to have been compromised you must inform Monumental immediately.
12.6 You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username.
12.7 You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your username and password whatsoever. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. Monumental IS NOT LIABLE FOR ANY NEGLIGENT OR IMPROPER USE OF YOUR USERNAME, PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
12.8 By using the Online Service you confirm that you have the necessary hardware, software and capability required to do so and that Monumental and its licensors shall have no liability in relation to hardware, software or anything else required to make use of Boundless or Online Service.
Please note:
You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Monumental has no way of telling if statements made by other users are true. This is a decision that can only be made by you and the exercise of some degree of caution is recommended. By using the Online Service and its parts you accept that this is the case and accept the risk associated with it. Users must take particular care in relation to the disclosure of their own personal information.
13. BOUNDLESS FEATURES
13.1 As part of and to enhance your use and enjoyment of Boundless you may be able to obtain additional features that form part of the Boundless experience (“Features”).
13.2 Features of Boundless are also part of a service that may be used subject to this EULA and on the basis of the license granted by this EULA. This EULA shall apply to the Features and reference to Boundless shall include reference to the Features.
13.3 This EULA and your use of Boundless do not give you any rights of ownership in any property whether tangible or intangible (including in any Feature).
13.4 Features may be exchanged for other Features in and as part of Boundless only.
13.5 Features include a virtual currency used in and as part of Boundless (“Cubits”).
13.6 You may obtain or receive Features (including Cubits and anything that can be purchased with Cubits within Boundless) free of charge as part of and as a result of your participation in Boundless.
13.7 You may also purchase additional Features using your Boundless account, credit or debit card, SMS, PayPal account or as otherwise described in the payment section at http://playboundless.com. Such additional Features include timed features such as the ability to rent your own world for a period of 30, 90 or 180 days (where applicable, these periods will be for one month, three months or six months) and “Gleam Club” which grants users a range of aesthetic perks for a period of 30, 90 or 180 days (where applicable, these periods will be for one month, three months or six months). These additional features may only be obtained in this way.
13.8 Cubits, the ability to rent your own world and Gleam Club access are Features and in common with all Features have no cash or real world value.
13.9 All Features are locked to the platform they were purchased on.
13.10 It is a condition and fundamental term of this EULA and your use of Boundless that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Feature (including Cubits) outside of Boundless or in any way other than as expressly provided above, namely that certain Features may only be exchanged for certain other designated Features in and as part of Boundless only.
13.11 It is a further condition and fundamental term of this EULA and your use of Boundless that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspect of Boundless including your Boundless account, password or username.
13.12 When you buy a Feature you are buying a right to use that Feature within, in and as part of Boundless only, in accordance with this EULA.
13.13 Boundless also offers users the ability to craft and gather certain in-game items for free and to trade these items with other users within Boundless only. ONLY ITEMS THAT ARE FOUND AND CRAFTED WITHIN BOUNDLESS MAY BE TRADED IN THIS WAY.
13.14 Features that may be purchased are advertised for sale in Boundless so that you may offer to purchase them for the price stated in the manner described below.
13.15 When you submit a request to purchase Features you are offering to purchase them for the price stated ("Order").
13.16 Orders are subject to this EULA and will be confirmed by e-mail. Orders are deemed accepted when Monumental sends the confirmation e-mail or the feature becomes available to use.
13.17 Monumental may cancel any sale and not supply Features if it is reasonable to do so and may change or discontinue the availability of Features at any time at its sole discretion. Monumental may also vary how it makes Features at any time in its sole discretion.
13.18 Monumental cannot guarantee that a particular Feature will always be available or will always be available in the same manner. Monumental will not be liable for any consequences of the availability or use (or misuse) of any Feature or its impact on your use of Boundless.
13.19 The purchase of a Feature (such as Cubits) is a service that commences when you or Monumental commence the download of the Feature to your computer or portable device, following which you shall not be entitled to cancel your Order.
13.20 If you cannot use a Feature due to an error or fault, please contact Monumental as set out below and Monumental will endeavor to provide you with a replacement version to download and if Monumental is unable to do so you may be entitled to a refund.
13.21 If a Feature is faulty or defective, please contact Monumental as set out below and Monumental will as soon as reasonably possible provide you with a replacement or provide a refund or credit to your applicable account and remove that Features from your use of Boundless.
13.22 Charges will appear on your monthly credit card, bank, phone, PayPal or other account statements.
13.23 You will not be charged for any Orders that cannot be fulfilled and where appropriate Monumental will re-credit to your account any sum debited by Monumental. PLEASE DO NOT SEND CASH. Monumental MAY NOT ACCEPT CASH (BUT RESERVES THE RIGHT TO DO SO). Monumental WILL NOT BE RESPONSIBLE FOR CASH, POSTAL ORDER, MONEY ORDER OR CHEQUE LOST IN THE POST OR SENT TO BUT NOT RECEIVED BY Monumental.
13.24 Your statutory rights are unaffected by this EULA.
14. ADDITIONAL TERMS APPLYING TO STEAM PURCHASES
Boundless is owned, operated and published by Monumental and is licensed to you by Monumental pursuant to the terms of this EULA.
15. CONSUMER RIGHTS
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Monumental’s liability for death or personal injury resulting from its negligence or any fraudulent representation.
16. EULA ACKNOWLEDGEMENT
You hereby acknowledge that you have read and understand the foregoing EULA and agree that the action of installing Boundless is an acknowledgement of your agreement to be bound by the terms and conditions of this EULA contained herein. You also acknowledge and agree that this EULA is the complete and exclusive statement of the agreement between Monumental and you and that this EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other User Content between Monumental and you, including any inconsistent written license agreement accompanying Boundless.
Copyright 2022 Monumental, LLC. All Rights Reserved.
PRIVACY AND DATA POLICY
ISSUED BY Monumental LIMITED
Last Updated: 7 August 2018
1. INTRODUCTION AND GENERAL TERMS
This privacy and data policy (“Privacy Policy”) applies and has effect in respect of the game Boundless, any related online services (including online network play connectivity and interactivity) and other software and products made available by Monumental Limited (‘Monumental’ / ‘we’ / ‘us’) (together the "Game(s)"), as well as any other online features relating to the Game including the Boundless website (http://playboundless.com/) (the “Website”), the devlog and our online forums (https://forum.playboundless.com/categories) (the “Forums”), user support centers (https://account.playboundless.com and https://support.playboundless.com) (the “Support Centers"). Together the Game(s), the Website (including any subdomains of the Website), the Forums and the Support Centers are referred to as the “Online Services”.
The Game is developed by, and the Online Services are controlled by, Monumental. Our registered office is at 1600 Rio Grande St., Austin, TX 78701. We are a company registered in the United States.
If you have any questions or comments about this Privacy Policy, please contact us at support@playboundless.com.
We are committed to protecting and respecting your privacy. The Privacy Policy explains the basis on which personal information we collect from you will be processed by us or on our behalf. Where we decide the purpose or means for which personal data you supply through these Online Services is processed, we are the “data controller.” We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679.
Please read this Privacy Policy carefully as it contains important information about the following:
What information we may collect about you;
How we will use information we collect about you;
Whether we will disclose your details to anyone else; and
Your choices and rights regarding the personal information you have provided to us.
This Privacy Policy forms a part of and should be read in conjunction with our terms of use for the Website and the end user license agreement for the Game, which can all be found at http://playboundless.com/.
The Online Services may contain hyperlinks to services owned and operated by third parties. These third party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal information that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk.
We may make changes to this Privacy Policy in future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes through the Games.
2. INFORMATION WE MAY COLLECT ABOUT YOU
We collect and process the following information which may include your personal data.
Information provided by you when using the Games
(“Basic Information”)
We will collect the following information from you when you play our Game:
your Steam ID (if applicable);
any third party platform profile display names;
Single Sign On User ID;
your in-Game username;
your PlayStation Network ID;
your unique PlayStation user identifier;
your email address;
your account server cookie;
your IP address;
your character names used within the Game;
any purchases you make within the Game, excluding payment details but including purchases of virtual currency, world rental, Gleam Club monthly membership and transaction ID;
your actions and activity within the Game including in-Game player chat;
your user preferences; and
Core information milestones related to your gameplay, such as your overall progression to a particular level or stage or the completion of certain activities during your gameplay (for example, completing a tutorial or passing a level).
Contact information provided by you when you contact us or use the Support Centers
(“Contact Information”)
We may ask you for, or you may submit, certain contact information to us whenever you contact us through the Forums or via support@playboundless.com or privacy@monumental.io.
This may include:
• your email address; and
• your name.
Information collected for the purposes of providing analytics
(“Analytics”)
We may collect technical information about your use of the Online Services through the use of tracking technologies and analytics.
Personal data we may collect includes the following:
• how many times you visit the Website;
• which pages you go to;
• traffic data;
• your IP and MAC address;
• your internet service provider;
• your Device ID;
• your Console ID;
• your user ID (which is generated by us and allocated to you when you first play the Game);
• your device operating system & version;
• your device make and model;
• purchase transaction types and spend you have made using virtual items in the Game;
• game play attempts, progression and results;
• session game time start, end and duration;
• the country of your device; and
• identification of crashes and defects.
We use the following third party analytics providers:
• Google Analytics; and
• Google BigQuery.
Google may collect analytics data on our behalf and in accordance with our instructions, and its applicable privacy notice. If you would like to find out more about the way Google collects and processes this information this is likely to be set out in their privacy policy and/or terms and conditions. Please refer to https://policies.google.com/privacy and https://policies.google.com/terms.
Content created by our users which we host and display in the Game, on the Forums and in the Support Centers
(“User Content”)
When users submit their own User Content to the Game, Forums or Support Centers, this content may contain personal and non-personal information. This could include information in or about the User Content, such as the location of a photo or the date a file was created, or anything else a user decides to communicate using these parts of our Online Services.
3. WHY WE COLLECT INFORMATION ABOUT YOU
To provide the Online Services to you
We will use information about you (including Basic Information, Analytics and User Content) for delivering the Game to you under the terms of use agreed between us. We will use the Single Sign On User ID to enable users to log in to multiple services. The processing of information in this way is necessary for us to record your progress and current status within the Game, and to ensure the Game delivers the features promised and function properly, so that you have the best experience when playing the Game and using the Online Services.
To help us improve the Online Services and fix any problems
We may process information about you (including Basic Information, User Content and Analytics) so that we can analyze and improve the Game and Online Services.
This processing is also necessary for us to pursue our legitimate interests of (i) ensuring that our Online Services function properly so that you and other users have the best experience when playing any of our Game(s) and using the other Online Services; (ii) improving the quality of our Online Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs in the Game and Online Services.
To respond to your enquiries and requests for support and to enable you to use the Forums and Support Centers
We may process Contact Information so that we are able to properly respond to your enquiries and support requests either via the Support Centers or the Forums or through any of our email addresses and so you are able to use the Forums, in accordance with the terms of use agreed between us.
To improve the monetization of the Game via in-game purchases
We may process information (including Basic Information, User Content and Analytics) to understand how users use the Game and spend money within the Game, and to compile statistical reports regarding that activity, as well as understanding how users progress, and their current status within the Game. This processing is necessary for us to pursue our legitimate interests of improving the Game and increasing the amount of revenue generated via in-game purchases.
To prevent fraud and illegal activity
We process personal data for our legitimate interests of ensuring that any use of the Online Services is lawful and non-fraudulent, does not disrupt the operation of our services, does not harass our staff or other individuals, to enforce our legal rights and to comply with our legal obligations.
Where we reasonably believe that you are or may be in breach of any applicable laws or our terms of use, we may use your personal information to inform relevant third parties such as your law enforcement agencies about the content.
We reserve the right to disclose your identity to any third party who is claiming that any User Content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. You may not copy, download, or embed any User Content without the express written permission of the content owner. You may not use any User Content for any commercial purposes, or any public performances.
4. COOKIES
A cookie is a text file placed onto your device when you access our Website. We use cookies and other online tracking devices such as web beacons and flash object storage, which are strictly necessary to deliver, improve and monitor our Website, including in the following ways:
Authentication To log you into the Forums and keep you logged in.
The information we obtain from our use of cookies will not usually contain your personal data. Although we may obtain information about your device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally.
Our Website should display a notice alerting you to our use of cookies and other similar technologies and linking to this privacy policy. If you use our Website after this notice has been displayed to you we will assume that you consent to our use of cookies or similar technologies for the purposes described in this privacy policy.
Please note that if you choose to disable cookies, or similar technologies, on your device you may be unable to make full use of our Website.
We work with third parties who may also set cookies on our Website, for example Google Analytics, Google AdSense, Facebook, Twitter and YouTube, which we use to display video content, enable social networking functionality and sharing, to deliver ads, and to monitor how visitors use our Games and Website. These third party suppliers are responsible for the cookies they set on your device.
If you want to learn about how to opt out of Google’s use of cookies, please visit https://tools.google.com/dlpage/gaoptout/ or your Google Ads Settings (https://www.google.com/settings/u/0/ads/authenticated). The Google Analytics terms of service can be accessed here: www.google.co.uk/analytics/terms/us.html. For further information please visit the website of the relevant third party.
5. DATA SHARING
We will share your information with third parties only in the ways that are described in this Privacy Policy
Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.
Merger or acquisition: If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
Required by law: In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
Enforcement: We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of Monumental, our customers, or others.
Digital Content Stores: Where the Game is downloaded through Steam and/or PSN, we may disclose your personal information to Valve Corporation and/or Sony respectively for the purposes of facilitating any payments made through these platforms.
6. CONSUMER CONTROL AND OPT-OUT OPTIONS
If you do not wish to receive promotional or other marketing material from us or third parties then you can opt-out by changing your account settings in the Online Services at any time. Alternatively, you can contact us via support@playboundless.com and let us know that you no longer wish to receive promotional or other marketing material from us or third parties.
7. YOUR RIGHTS IN RELATION TO PERSONAL DATA WHICH WE PROCESS RELATING TO YOU
You have the following rights over the way we process personal data relating to you, as set out in the table below. We aim to comply without undue delay, and within one month at the latest.
To make a request, please let our Data Protection Officer know by sending an email to privacy@monumental.io.
Ask for a copy of data we are processing about you and have inaccuracies corrected
You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed to).
Object to us processing data about you
You can ask us to restrict, stop processing, or to delete your personal data if:
you consented to our processing the personal data, and have withdrawn that consent;
we no longer need to process that personal data for the reason it was collected;
we are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of Monumental or a third party, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;
the personal data was unlawfully processed;
you need the personal data to be deleted in order to comply with legal obligations;
the personal data is processed in relation to the offer of a service to a child.
Obtain a machine readable copy of your personal data, which you can use with another service provider
If we are processing data in order to perform our obligations to you, or because you consented, or if that processing is carried out by automated means, we will help you to move, copy or transfer your personal data to other IT systems.
If you request, we will supply you with the relevant personal data in in a commonly used, machine-readable and interoperable format. Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.
Make a complaint to a Supervisory Authority
If you are unhappy with the way we are processing your personal data, please let us know by contacting us via the support services.
If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority.
8. DATA RETENTION
We will hold your personal information on our systems for as long as is necessary for the relevant service, or as otherwise described in this Privacy Policy.
9. CHILDREN
We do not use our Online Services to knowingly solicit information from or market to children under the age of 13. Our terms of use prohibit users aged under 13 years from accessing our Online Services. In the event that we learn that we have collected personal information from a child under 13 years of age we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age please contact us at support@playboundless.com.
10. SECURITY
We will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. For example, our services are protected by Credential Access Limited, 2 Factor Authentication is enabled on root credential for managing the services and all communications are sent over encrypted network channels.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
11. INTERNATIONAL DATA TRANSFERS
It is possible that your personal information may be transferred outside of the EEA by Valve Corporation or Sony. We recommend that you refer to the privacy policies and/or terms and conditions of these third parties if you are concerned about your data being transferred outside the EEA.
Where we transfer your information outside of the EEA, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your personal data. If you would like to find out more about these safeguards, please let us know by writing to privacy@monumental.io
CONTACT INFORMATION
All questions, comments or enquiries should be directed to Monumental at privacy@monumental.io
We will endeavor to respond to any query or questions within three business days.
Copyright 2022 Monumental, LLC. All Rights Reserved. All trade marks are the property of the relevant owners. All rights reserved.