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End User License Agreement
Last Updated: February 15, 2025
Welcome to the Bonfire Games End User License Agreement (the “EULA”), which is a legal agreement between you and Bonfire Studios, Inc. (“Bonfire”, “we”, “us”, “our”, as appropriate). This EULA covers your access to the Arkheron game provided by Bonfire Studios, Inc. (“Bonfire”), and any other services or functionality we provide relating to this game, and any Content (defined below) included in the game (collectively, the “Game”).
You’ll notice some capitalized “defined terms” in this EULA. We use them to make sure that the use of these terms is consistent throughout the EULA. We’ve included defined terms throughout to make it easy to read them in context.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BONFIRE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
AGREEMENT TO EULA
By playing or otherwise accessing and using the Game, you agree to be bound by this EULA. If you don’t agree to be bound by this EULA, you may not play the Game. Please note that certain aspects of the Game may also be subject to other terms that supplement (and specifically refer to) this EULA. By using any portion of the Game that is subject to any supplemental terms, you also agree to be bound by such supplemental terms.
PRIVACY POLICY
Please refer to our Privacy Policy for information on how we collect, use and share your information.
CHANGES TO EULA OR THE GAME
We may modify this EULA at any time at our sole discretion. If we do, we’ll let you know either by posting the modified EULA on our website or through other communications. It’s important that you review the EULA whenever we modify them because if you continue to play the Game after we have posted the modified EULA, you agree to be bound by the modified EULA. Because the Game and our services are evolving over time we may change or discontinue all or any part of the Game, at any time and without notice, at our sole discretion.
ADDITIONAL TERMS
The Game may be available (or only available) through a third-party platform or store, such as the Steam or Epic Games platform (each, an “App Store”). If you access the Game through an App Store, you are also subject to, and agree to comply with, any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire the Game and this EULA with respect to your use of the Game, this EULA will take priority.
We may also provide you with access to Bonfire’s channel(s) in third-party social media or messaging platforms (such as Discord) to interact with Bonfire and other players of the Game. If you access such channel(s), you are also subject to, and agree to comply with, any applicable agreements you have with the applicable social media or messaging platforms.
WHO MAY PLAY THE GAME
Eligibility. You may access, use, and play the Game only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from accessing, using, or playing the Game under applicable law. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read this EULA and accept it on your behalf. Parents and guardians are responsible for the acts of their minor children when using an App Store Account (as defined below) they created in connection with the Game, whether or not such uses are authorized by the parent. In such an event, “you” will refer to the parent or guardian for the purposes of this EULA.
Registration and Your Information. To play the Game, you will need to have an account with the App Store through which the Game is made available (your “App Store Account”). You agree that you won’t disclose your App Store Account password to anyone and you’ll notify us immediately of any unauthorized use of your App Store Account in connection with the Game. You’re responsible for all activities that occur under your App Store Account, whether or not you know about them.
No Access Sharing. You may not sell, resell, rent, lease, share or provide access to your App Store Account to anyone else for purposes of accessing, using or playing the Game. We may take actions to prevent any unauthorized use of the Game, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
FEEDBACK
We welcome feedback, comments and suggestions for improvements to the Game and to our other services (“Feedback”). You can submit Feedback by using the Feedback function within the Game, if available, or by other social media or messaging channels (such as Discord) made available by Bonfire in connection with the Game. If you choose to submit Feedback, you hereby irrevocably transfer and assign to Bonfire, and agrees to irrevocably transfer and assign to Bonfire, any right, title and interest that you may acquire or possess in and to the Feedback and will take such further acts reasonably requested by us to reflect such ownership of Feedback.
CONTENT AND CONTENT RIGHTS
Definitions. For purposes of this EULA: (i) “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within the Game; and (ii) “User Content” means any Content that you create or obtain outside the Game that you or another user makes available within the Game. To be clear, if Content is created within the Game, it is not User Content; only Content created or otherwise incorporated from outside the Game that a user then makes available within the Game is User Content.
User Content. Bonfire does not claim any ownership rights in any User Content and nothing in this EULA will be deemed to restrict any rights that you may have to use and exploit your User Content. By making any User Content available through Game you hereby grant to Bonfire a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), publicly display, publicly perform and distribute your User Content in connection with the Game. You are solely responsible for all your User Content. We do not pre-screen, endorse, or review any User Content or take responsibility for any User Content, and may, in our sole discretion, remove, edit, or disable any User Content at any time and for any reason.
RIGHTS GRANTED BY BONFIRE; LIMITATIONS AND REQUIREMENTS
Game. Subject to your compliance with this EULA, Bonfire grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Game, including any Content, solely for your personal and non-commercial entertainment purposes, leveraging only the functionality of the Game.
Game Software. “Game Software” is the locally-installed game software that we make available for you to download for purposes of updating and launching the Game. Subject to your compliance with this EULA, Bonfire grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Game Software on the device permitted by the App Store Agreement(s) (if applicable) or a computer that you own or control, and to use the Game Software solely to interact with the Game for your own personal and non-commercial entertainment purposes. Except as expressly permitted in this EULA, you may not: (i) copy, modify or create derivative works based on the Game or Game Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Game or Game Software to any third party; (iii) attempt to reverse engineer, decompile or disassemble the Game or Game Software; or (iv) make the functionality of the Game available to multiple users through any means.
Reservation of Rights. Bonfire and its licensors own all title, ownership and intellectual property rights in the Game. Bonfire reserves all rights in and to the Game not expressly granted to you under this EULA.
Limits Based on Where You Live. We may restrict, modify, or limit your access to any or all of the Game, depending on the territory in which you are located. Without limiting the foregoing, the Game may not be available (in whole or in part) where you are located or may only be available in a modified version.
Minimum Requirements. The Game may have minimum requirements for the devices and systems on which you wish to access the Game. We may publish these minimum requirements on the Game website and/or otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before accessing the Game.
Seizure Warning. THE GAME MAY CONTAIN FLASHING LIGHTS, IMAGES, OTHER LUMINOUS STIMULATIONS AND/OR LOUD NOISES WHICH MAY INDUCE EPILEPTIC SEIZURES IN CERTAIN INDIVIDUALS. IF YOU OR ANYONE IN YOUR HOUSEHOLD HAS AN EPILEPTIC CONDITION, PLEASE CONSULT YOUR DOCTOR BEFORE ACCESSING THE GAME. IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS WHILE PLAYING, PLEASE IMMEDIATELY DISCONTINUE ACCESSING THE GAME AND CONSULT YOUR DOCTOR.
PLAY NICE AND PLAY FAIR; GENERAL PROHIBITIONS AND BONFIRE ENFORCEMENT RIGHTS
General Conduct. We love games and we know you do too. To keep our community and the Game fun and welcoming for everyone there are some things you are not allowed to do:
User Prohibitions. In addition, you agree not to do any of the following with respect to the Game or when using any social media or messaging channels (such as Discord) made available by Bonfire in connection with the Game:
The Game may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically in our sole discretion. The Game and/or the Cheat Detection Software may collect and transmit details about your App Store Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Game.
Although we’re not obligated to monitor access to or use of the Game or to review or edit any Content, we have the right to do so for the purpose of operating the Game, to ensure compliance with this EULA, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this EULA. We have the right to investigate violations of this EULA or conduct that affects the Game. We may also consult and cooperate with law enforcement authorities to prosecute users who we believe may be violating the law.
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Game may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
TERMINATION
We may terminate your access to and use of the Game, at our sole discretion, at any time and without liability or notice to you, including, without limitation, in the event that you breach this EULA or if the owner of the applicable App Store terminates your App Store Account. You may also terminate this EULA by ceasing all use of the Game and deleting and uninstalling Game Software on all of your devices, or by deleting your App Store Account, as applicable. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights. This sentence of Section 11 and the following Sections will survive termination of this EULA: 6, 8(c), 12, 13, 14, 15, 16, and 17.
WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE GAME WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE GAME.
INDEMNITY
You will indemnify, defend (at our option), and hold harmless Bonfire and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, (ii) your User Content, or (iii) your violation of this EULA. You may not settle any matter subject to this Section 13 without our prior written consent.
LIMITATION OF LIABILITY
NEITHER BONFIRE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR FROM THE USE OF OR INABILITY TO USE THE GAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BONFIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BONFIRE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE GAME EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BONFIRE FOR YOUR ACCESS AND USE OF THE GAME OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BONFIRE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BONFIRE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF DAMAGES SET FORTH ABOVE, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. ALSO, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS IN YOUR JURISDICTION, AND NOTHING IN THIS EULA WILL PREJUDICE SUCH RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE GAME.
GOVERNING LAW AND FORUM CHOICE
This EULA and any action related thereto will be governed by Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Bonfire are not required to arbitrate will be the state and federal courts located in Central District of California, and you and Bonfire each waive any objection to jurisdiction and venue in such courts.
DISPUTE RESOLUTION
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Game (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Bonfire agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and Bonfire are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND BONFIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 16(f) of this EULA (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
GENERAL TERMS
This EULA (together with any nondisclosure agreement entered into by Bonfire and you) constitutes the entire and exclusive understanding and agreement between Bonfire and you regarding the Game, and supersedes and replaces any and all prior oral or written understandings or agreements between Bonfire and you regarding the Game and Content. If any provision of this EULA is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this EULA will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer this EULA, by operation of law or otherwise, without Bonfire’s prior written consent. Any attempt by you to assign or transfer this EULA absent our consent or your statutory right, without such consent, will be null. Bonfire may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Bonfire under this EULA, including those regarding modifications to this EULA, will be given: (i) via email; or (ii) by posting to the Game. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Bonfire’s failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bonfire. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
CONTACT INFORMATION
If you have any questions about this EULA or the Game, please contact Bonfire at community@bonfirestudios.com.
TERMS SPECIFIC TO CANADIAN RESIDENTS
If you are a consumer who is a resident of Canada, the following provisions apply:
Warranties; Limitation of Liability. Waiver of legal warranties and the limitation or exclusion of our liability for the consequences of our own acts do not apply to you, to the extent prohibited by applicable law.
Governing Law and Forum Choice. Notwithstanding Section 15, any Dispute will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods
Dispute Resolution. Notwithstanding Section 16, either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applicable law.
Last Updated: February 15, 2025
Welcome to the Bonfire Games End User License Agreement (the “EULA”), which is a legal agreement between you and Bonfire Studios, Inc. (“Bonfire”, “we”, “us”, “our”, as appropriate). This EULA covers your access to the Arkheron game provided by Bonfire Studios, Inc. (“Bonfire”), and any other services or functionality we provide relating to this game, and any Content (defined below) included in the game (collectively, the “Game”).
You’ll notice some capitalized “defined terms” in this EULA. We use them to make sure that the use of these terms is consistent throughout the EULA. We’ve included defined terms throughout to make it easy to read them in context.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THIS EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BONFIRE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
AGREEMENT TO EULA
By playing or otherwise accessing and using the Game, you agree to be bound by this EULA. If you don’t agree to be bound by this EULA, you may not play the Game. Please note that certain aspects of the Game may also be subject to other terms that supplement (and specifically refer to) this EULA. By using any portion of the Game that is subject to any supplemental terms, you also agree to be bound by such supplemental terms.
PRIVACY POLICY
Please refer to our Privacy Policy for information on how we collect, use and share your information.
CHANGES TO EULA OR THE GAME
We may modify this EULA at any time at our sole discretion. If we do, we’ll let you know either by posting the modified EULA on our website or through other communications. It’s important that you review the EULA whenever we modify them because if you continue to play the Game after we have posted the modified EULA, you agree to be bound by the modified EULA. Because the Game and our services are evolving over time we may change or discontinue all or any part of the Game, at any time and without notice, at our sole discretion.
ADDITIONAL TERMS
The Game may be available (or only available) through a third-party platform or store, such as the Steam or Epic Games platform (each, an “App Store”). If you access the Game through an App Store, you are also subject to, and agree to comply with, any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s) from which you acquire the Game and this EULA with respect to your use of the Game, this EULA will take priority.
We may also provide you with access to Bonfire’s channel(s) in third-party social media or messaging platforms (such as Discord) to interact with Bonfire and other players of the Game. If you access such channel(s), you are also subject to, and agree to comply with, any applicable agreements you have with the applicable social media or messaging platforms.
WHO MAY PLAY THE GAME
Eligibility. You may access, use, and play the Game only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from accessing, using, or playing the Game under applicable law. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read this EULA and accept it on your behalf. Parents and guardians are responsible for the acts of their minor children when using an App Store Account (as defined below) they created in connection with the Game, whether or not such uses are authorized by the parent. In such an event, “you” will refer to the parent or guardian for the purposes of this EULA.
Registration and Your Information. To play the Game, you will need to have an account with the App Store through which the Game is made available (your “App Store Account”). You agree that you won’t disclose your App Store Account password to anyone and you’ll notify us immediately of any unauthorized use of your App Store Account in connection with the Game. You’re responsible for all activities that occur under your App Store Account, whether or not you know about them.
No Access Sharing. You may not sell, resell, rent, lease, share or provide access to your App Store Account to anyone else for purposes of accessing, using or playing the Game. We may take actions to prevent any unauthorized use of the Game, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
FEEDBACK
We welcome feedback, comments and suggestions for improvements to the Game and to our other services (“Feedback”). You can submit Feedback by using the Feedback function within the Game, if available, or by other social media or messaging channels (such as Discord) made available by Bonfire in connection with the Game. If you choose to submit Feedback, you hereby irrevocably transfer and assign to Bonfire, and agrees to irrevocably transfer and assign to Bonfire, any right, title and interest that you may acquire or possess in and to the Feedback and will take such further acts reasonably requested by us to reflect such ownership of Feedback.
CONTENT AND CONTENT RIGHTS
Definitions. For purposes of this EULA: (i) “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within the Game; and (ii) “User Content” means any Content that you create or obtain outside the Game that you or another user makes available within the Game. To be clear, if Content is created within the Game, it is not User Content; only Content created or otherwise incorporated from outside the Game that a user then makes available within the Game is User Content.
User Content. Bonfire does not claim any ownership rights in any User Content and nothing in this EULA will be deemed to restrict any rights that you may have to use and exploit your User Content. By making any User Content available through Game you hereby grant to Bonfire a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), publicly display, publicly perform and distribute your User Content in connection with the Game. You are solely responsible for all your User Content. We do not pre-screen, endorse, or review any User Content or take responsibility for any User Content, and may, in our sole discretion, remove, edit, or disable any User Content at any time and for any reason.
RIGHTS GRANTED BY BONFIRE; LIMITATIONS AND REQUIREMENTS
Game. Subject to your compliance with this EULA, Bonfire grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Game, including any Content, solely for your personal and non-commercial entertainment purposes, leveraging only the functionality of the Game.
Game Software. “Game Software” is the locally-installed game software that we make available for you to download for purposes of updating and launching the Game. Subject to your compliance with this EULA, Bonfire grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Game Software on the device permitted by the App Store Agreement(s) (if applicable) or a computer that you own or control, and to use the Game Software solely to interact with the Game for your own personal and non-commercial entertainment purposes. Except as expressly permitted in this EULA, you may not: (i) copy, modify or create derivative works based on the Game or Game Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Game or Game Software to any third party; (iii) attempt to reverse engineer, decompile or disassemble the Game or Game Software; or (iv) make the functionality of the Game available to multiple users through any means.
Reservation of Rights. Bonfire and its licensors own all title, ownership and intellectual property rights in the Game. Bonfire reserves all rights in and to the Game not expressly granted to you under this EULA.
Limits Based on Where You Live. We may restrict, modify, or limit your access to any or all of the Game, depending on the territory in which you are located. Without limiting the foregoing, the Game may not be available (in whole or in part) where you are located or may only be available in a modified version.
Minimum Requirements. The Game may have minimum requirements for the devices and systems on which you wish to access the Game. We may publish these minimum requirements on the Game website and/or otherwise notify you in writing. For an optimal experience, please ensure that your devices and systems will meet these requirements before accessing the Game.
Seizure Warning. THE GAME MAY CONTAIN FLASHING LIGHTS, IMAGES, OTHER LUMINOUS STIMULATIONS AND/OR LOUD NOISES WHICH MAY INDUCE EPILEPTIC SEIZURES IN CERTAIN INDIVIDUALS. IF YOU OR ANYONE IN YOUR HOUSEHOLD HAS AN EPILEPTIC CONDITION, PLEASE CONSULT YOUR DOCTOR BEFORE ACCESSING THE GAME. IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS WHILE PLAYING, PLEASE IMMEDIATELY DISCONTINUE ACCESSING THE GAME AND CONSULT YOUR DOCTOR.
PLAY NICE AND PLAY FAIR; GENERAL PROHIBITIONS AND BONFIRE ENFORCEMENT RIGHTS
General Conduct. We love games and we know you do too. To keep our community and the Game fun and welcoming for everyone there are some things you are not allowed to do:
- Do not use language that is defamatory, obscene, pornographic, vulgar or offensive, promotes discrimination, bigotry, racism, hatred, harassment, bullying or harm against any individual or group, or is violent or threatening or promotes violence or actions that are threatening to any person or entity.
- Do not cheat in the Game or interfere with or modify our Game, including through bots, cheats, hacks, exploits, mods, local memory (RAM) monitoring, or any software that does not come from Bonfire and is capable of enabling cheating or otherwise interfering or modifying the Game.
- Do not engage in any other behavior that would, in Bonfire’s reasonable discretion, constitute harassment, bullying, threatening, or otherwise harming others, including without limitation: doxxing, brigading, stream sniping, or other similarly harmful actions.
User Prohibitions. In addition, you agree not to do any of the following with respect to the Game or when using any social media or messaging channels (such as Discord) made available by Bonfire in connection with the Game:
- Engage in any behavior, or post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s intellectual property rights or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; or (iv) promotes illegal or harmful activities or substances.
- Disrupt the flow of communication through “chat spamming”, whether through live communications in-Game or otherwise;
- Select an App Store Account name or username that suggests an affiliation with Bonfire or any other company, is offensive, vulgar, obscene, sexually explicit, or is racially, ethnically or otherwise objectionable;
- Log into or otherwise using another person’s App Store Account;
- Disrupt other players’ enjoyment of the Game or community generally through action or inaction (e.g., “trolling”);
- Use, display, mirror or frame the Game or any individual element within the Game, Bonfire’s name, any Bonfire trademark, logo or other proprietary information, without Bonfire’s express written consent;
- Tamper with the Game or non-public areas of Bonfire’s computer systems or the technical delivery systems of Bonfire’s providers;
- Attempt to probe, scan or test the vulnerability of any Bonfire system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bonfire or any of Bonfire’s providers or any other third party (including another user) to protect the Game or Content;
- Attempt to access or search the Game or download Content from the Game through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bonfire or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Bonfire trademark, logo URL or product name without Bonfire’s express written consent;
- Use the Game for any commercial purpose or for the benefit of any third party or in any manner not permitted by this EULA;
- Use the Game or related social media or messaging channels made available by Bonfire to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Game;
- Collect or store any personally identifiable information from other users of the Game without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
The Game may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically in our sole discretion. The Game and/or the Cheat Detection Software may collect and transmit details about your App Store Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under this EULA, including termination of this EULA and your access to our Game.
Although we’re not obligated to monitor access to or use of the Game or to review or edit any Content, we have the right to do so for the purpose of operating the Game, to ensure compliance with this EULA, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this EULA. We have the right to investigate violations of this EULA or conduct that affects the Game. We may also consult and cooperate with law enforcement authorities to prosecute users who we believe may be violating the law.
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Game may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
TERMINATION
We may terminate your access to and use of the Game, at our sole discretion, at any time and without liability or notice to you, including, without limitation, in the event that you breach this EULA or if the owner of the applicable App Store terminates your App Store Account. You may also terminate this EULA by ceasing all use of the Game and deleting and uninstalling Game Software on all of your devices, or by deleting your App Store Account, as applicable. Upon any termination of this EULA, the rights granted to you will automatically terminate, you may no longer exercise any of those rights. This sentence of Section 11 and the following Sections will survive termination of this EULA: 6, 8(c), 12, 13, 14, 15, 16, and 17.
WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GAME IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE GAME WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE GAME.
INDEMNITY
You will indemnify, defend (at our option), and hold harmless Bonfire and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, (ii) your User Content, or (iii) your violation of this EULA. You may not settle any matter subject to this Section 13 without our prior written consent.
LIMITATION OF LIABILITY
NEITHER BONFIRE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR FROM THE USE OF OR INABILITY TO USE THE GAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BONFIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BONFIRE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE GAME EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BONFIRE FOR YOUR ACCESS AND USE OF THE GAME OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BONFIRE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BONFIRE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF DAMAGES SET FORTH ABOVE, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS. ALSO, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS IN YOUR JURISDICTION, AND NOTHING IN THIS EULA WILL PREJUDICE SUCH RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE GAME.
GOVERNING LAW AND FORUM CHOICE
This EULA and any action related thereto will be governed by Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Bonfire are not required to arbitrate will be the state and federal courts located in Central District of California, and you and Bonfire each waive any objection to jurisdiction and venue in such courts.
DISPUTE RESOLUTION
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation or validity thereof or the use of the Game (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Bonfire agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this EULA, and that you and Bonfire are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this EULA.
Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this EULA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND BONFIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 16(f) of this EULA (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this EULA is invalid or unenforceable, the other parts of this EULA will still apply.
GENERAL TERMS
This EULA (together with any nondisclosure agreement entered into by Bonfire and you) constitutes the entire and exclusive understanding and agreement between Bonfire and you regarding the Game, and supersedes and replaces any and all prior oral or written understandings or agreements between Bonfire and you regarding the Game and Content. If any provision of this EULA is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this EULA will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer this EULA, by operation of law or otherwise, without Bonfire’s prior written consent. Any attempt by you to assign or transfer this EULA absent our consent or your statutory right, without such consent, will be null. Bonfire may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Bonfire under this EULA, including those regarding modifications to this EULA, will be given: (i) via email; or (ii) by posting to the Game. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Bonfire’s failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bonfire. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
CONTACT INFORMATION
If you have any questions about this EULA or the Game, please contact Bonfire at community@bonfirestudios.com.
TERMS SPECIFIC TO CANADIAN RESIDENTS
If you are a consumer who is a resident of Canada, the following provisions apply:
Warranties; Limitation of Liability. Waiver of legal warranties and the limitation or exclusion of our liability for the consequences of our own acts do not apply to you, to the extent prohibited by applicable law.
Governing Law and Forum Choice. Notwithstanding Section 15, any Dispute will be resolved in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without reference to any choice of law rules, and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods
Dispute Resolution. Notwithstanding Section 16, either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, in your province or territory of residence, in accordance with the applicable arbitration legislation. This section is set only to the extent permitted by law, and does not prevent action in courts of competent jurisdiction of the province or territory of your principal residence where such a right cannot be excluded under applicable law.