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BRAIN JAR GAMES, INC.
DEAD AS DISCO
End-User License Agreement
Last Updated: March 4th, 2026
Welcome to Dead as Disco (the “Game”)! The Game is a copyrighted work belonging to Brain Jar Games, Inc. (“Company”, “us”, “our”, and “we”). This End-User License Agreement sets forth the legally binding terms and conditions that govern your use of the Game (the “EULA” or “Terms”).
By downloading, installing, using or accessing the Game, you (i) acknowledge that you have read and understand these Terms; (ii) represent that you meet one of the eligibility requirements above, and (iii) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these Terms, you may not download, install, use or access the Game.
1. Access to the Game.
1.1 Eligibility. Only persons who meet the following requirements may use the Game:
a. Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) and who agree to be bound by all of the terms of this EULA; or
b. Persons who are under the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, along with their parent or guardian, to be bound by all of the terms of this EULA.
1.2 License. Subject to the terms of this EULA and your continued compliance therewith, and provided that you meet the requirements in either Section 1.1(a) or 1.1(b) above, Company grants you a limited, non-transferable, non-exclusive, revocable license to download and install the Game for your personal, non-commercial use in accordance with the Game's documentation.
a. Licensed Music Music in the game is subject to the licensing terms of the original rights holders. Licensed music is for game use only, usage of music outside of game, including social media is governed by the terms of use of each individual Platform.
b. Third-Party and Open-Source Licenses. The Game may also be governed by the following license terms, as well as the privacy policies of third parties, including but not limited to Steam. The Game may include certain items of third-party software that are subject to open-source licenses (“Open-Source Software”). Such Open-Source Software is licensed under the terms of the license that accompanies such Open-Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.
c. Gameplay Filming, Recording or Streaming. Notwithstanding anything to the contrary set out in this Section 1.2, and without making any representations or warranties of any kind, including, without limitation, with respect to the clearances of any third-party materials that may appear or be heard in or during the Game, you may, at your own and sole risk, film, record or take video of you playing the Game (“Gameplay Footage”) and make such publicly available (e.g., post or stream), including to publicly display or perform the Game content, strictly on a non-competitive basis. This includes to platforms that may provide you with a revenue share or some other compensation. In so doing, however, and for the avoidance of doubt, you are and will be subject to any and all applicable terms and conditions of the websites, accounts or third-party platforms on which or through which you may make your Gameplay Footage available; you also remain subject to all other terms and conditions of these Terms as well as all applicable laws, rules and regulations. Your Gameplay Footage may contain third-party materials or intellectual property that is owned or controlled by others, and you agree not to use such third-party materials in any manner that infringes the rights of the owner or is contrary to any applicable licenses. Company grants you a limited, non-exclusive, non-transferable, revocable license to broadcast and distribute Gameplay Footage on third party platforms (e.g., YouTube, TikTok, Instagram, Facebook, etc.) subject to the following conditions: (1) you may only film, record or stream your Gameplay Footage and not any gameplay of others or the inclusion of others name, image, likeness, silhouette, voice, biography or signature, (2) you must comply with all of the terms and conditions of the platform on which or through which you stream or distribute content or Gameplay Footage, (3) your Gameplay Footage will not violate or infringe the rights of any third party, and (4) you may not use Gameplay Footage in any manner that is defamatory, illegal, harmful or otherwise violates the terms and conditions of these Terms. The permission and license set out in this subsection 1.2(c) may be revoked at any time for any reason or no reason.
1.3 Certain Restrictions. The rights granted to you in this EULA are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Game, whether in whole or in part, or any content displayed on the Game; (b) you will not modify, translate, adapt, make derivative works of, improve, disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game; (c) you will not access the Game in order to build a similar or competitive website, product, game or service; (d) except as expressly stated in this EULA, no part of the Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, or other addition to functionality of the Game will be subject to this EULA. All copyright and other proprietary notices on the Game (or on any content displayed on the Game) must be retained on all copies.
1.4 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part of it.
1.5 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Game.
1.6 Ownership. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this EULA or any other rights other than to use the Game in accordance with this EULA. Company and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other related intellectual property rights, except as expressly granted to you in this EULA. Neither this EULA (nor your access to the Game) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Section. Company and its suppliers reserve all rights not granted in this EULA. There are no implied licenses granted under these Terms.
2. Acceptable Use and Information Submitted Through the Game (and Outside Platforms as defined below)
2.1 User Content. “User Content” means any and all information and content, whether in the form of text, spoken words or sounds, images, video or any other content or materials of any kind, that you or any other user submits to or through, or uses with, the Game, or any group or other manner of forum on social media organized by the Company including without limitation, our Discord server, Facebook page, Instagram account, YouTube channel, Twitter/X account and any of our other social accounts or pages (“Outside Platform(s)”). Your submission of User Content is governed by this Agreement and the Company Privacy Policy if through the Game, or if through an Outside Platform, by the terms and policies of the applicable platform, provided that your User Content must, in either case, always comply with the terms of this Section 2. By submitting User Content through the Game or Outside Platform, you make the following representations, warranties and agreements:
a. You meet the eligibility requirements in Section 1.1 above;
b. You agree that you are solely responsible for, and you assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party;
c. You consent to our use of your personal information as outlined in the Privacy Policy;
d. To the extent that you submit information that personally identifies or is otherwise of or about a third party (“Third Party Information”) through the Game or Outside Platform, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;
e. All information or material that you submit through the Game or Outside Platform is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;
f. You hereby represent and warrant that your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms.
g. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3).
h. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Game or Outside Platform. You hereby irrevocably waive (and agree to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
a. You agree that your use of the Game, including any online or multiplayer functionality, will comply with the following terms. The Game supports peer-to-peer multiplayer gameplay by allowing users to connect directly with others through Steam friend invitations or lobby codes. There is no matchmaking system or in-game server browser, and no user-generated content is permitted, including custom character names or modifications. When participating in multiplayer sessions, your Steam username may be visible to other players, and the Game may allow for text-based communication through in-game chat.
b. You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any communications or other User Content of any kind that (i) violates Section 2.3(a) or any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
c. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game; or (vi) use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game.
2.4 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating this EULA in accordance with Section 11, and/or reporting you to law enforcement authorities.
2.5 Feedback. If you provide Company with any feedback, information, ideas, comments or suggestions of any kind, including but not limited to feedback related to the Game or other Company projects (collectively “Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
3. Device Requirements. The Game may require certain minimum system or device requirements and/or only be accessible via third-party application marketplaces where the application can be downloaded. The device requirements should be listed on the official page where the Game may be purchased or downloaded.
4. Free Content. Upon downloading the Game, users may have access to certain features of the Game ("Free Features"). Company may add, remove, modify or otherwise change the Free Features at any time with or without notice to you. If you are accessing an early access or open beta version of the Game, Company reserves the right to charge a fee for access to other versions of the Game.
5. Updates. Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions of it may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this EULA.
6. Indemnification. You agree to indemnify, defend and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from and against any injuries, losses, damages, claims, suits, liabilities, judgments, costs and expenses (without limitation, all reasonable attorneys’ fees and expenses) of any nature due to or arising out of (a) your use of the Game, (b) your violation of this EULA, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. Release.
7.1 Release of Claims. YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE GAME (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER GAME USERS OR ANY THIRD PARTY MATERIALS).
7.2 California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. DISCLAIMERS
8.1 General Disclaimer. THE GAME IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICES PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
8.2 Unreal Disclaimer. THIS EULA SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND LIABILITIES RELATED TO THE UNREAL ENGINE.
8.3 Music Disclaimer. THIS EULA SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND LIABILITIES RELATED TO MUSIC PROVIDED BY THE END USER FOR PERSONAL USE ONLY.
8.4 Note Regarding Disclaimers. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Limitations on Liability.
9.1 Limitations. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICES PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU AND RECEIVED BY COMPANY, IF ANY, FOR YOUR LICENSE TO THE GAME. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9.2 Note Regarding Limitations on Liability. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Term and Termination. Subject to this Section, this EULA will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion, including for any use of the Game in violation of this EULA. Upon termination of your rights under these EULA and right to access and use the Game will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under this EULA. Even after your rights under this EULA are terminated, the provisions of this EULA which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.1, 1.6, 2, and 6 through 11.
11. General
11.1 Changes. This EULA is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to this EULA will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Game. These changes will be effective immediately for new users of our Game. Continued use of our Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
11.3 Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. It contains an arbitration agreement (the “Arbitration Agreement”) between you and us. It is part of your agreement with us under these Terms and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
a. Applicability of Arbitration Agreement. You agree that all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms, the Game (or the Music), or any other service or product sold, licensed or otherwise provided by the Company that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to the Company attn.: Terms of Use Dispute at the address listed in the Contact Us Section below (or such other address as may be provided by the Company for this purpose. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
c. Arbitration. You agree that any dispute, claim or controversy arising under or relating in any way to these Terms, the Game (or the Music), and not informally resolved will be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms. The arbitration will be conducted by a single arbitrator and may be conducted remotely.
The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment.
The party filing a claim or counterclaim in the arbitration proceeding must pay the deposit(s) determined by NAM with respect to such claim or counterclaim. All other costs associated with the arbitration must be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration.
In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration will be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration.
Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator will apply the substantive law of the State of California, without giving effect to its conflict of laws provisions.
d. Coordinated Filings. If 25 or more Notices of disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are sought to be filed in arbitration as set forth in this Agreement. Disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases may only be filed with the arbitration provider as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.
Once counsel in the Coordinated Cases has advised us that all or substantially all Notices of dispute have been provided for those cases, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as “bellwethers,” to allow each side a reasonable opportunity to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number will be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in deciding how many bellwether trials to order include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of dispute, and only those chosen cases may be filed with the arbitration provider. No other cases may be filed until those bellwether matters have concluded, and we cannot be required to pay any fees associated with arbitration demands other than those permitted to be filed as bellwethers. The parties acknowledge that resolution of Coordinated Cases not selected as bellwethers will be delayed by this bellwether process.
Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.
Only bellwether trials will proceed in arbitration. Once all bellwether trials have concluded (or sooner if all parties’ counsels agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. If we cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter.
If the mediation does not yield a global resolution, this arbitration requirement will no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of dispute was received by the other party but that were not resolved in bellwether proceedings. Such disputes may be filed only in the state courts in the city and county of San Francisco, California, or if federal jurisdiction exists, in the United States District Court for the Northern District of California, and you consent as part of the Terms to venue such cases exclusively in these courts. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.
e. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and the Company in any state or federal court, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
f. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
g. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
i. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
j. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, complaint or remedy under the EU General Data Protection Regulation, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
k. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California, for such purpose.
11.4 Export. The Game may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
11.5 Disclosures. Company is located at 145 Lisbon Street, San Francisco, California 94112. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.6 Electronic Communications. The communication between you and Company uses electronic means, whether you use the Game or send us emails, or whether Company posts notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.7 Severability. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal or unenforceable under applicable law, such term or provision will be deemed deleted solely to the extent of such invalidity and solely with respect to the persons or circumstances as to which it has been held invalid or unenforceable, and the remainder of the provision shall be modified, rewritten, or otherwise interpreted by the court to include as much of its nature and scope as will render it enforceable, and all other provisions of this Agreement will continue in full force and effect.
11.8 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power provided by this EULA will operate as a waiver of said right or power, nor will any single or partial exercise of any right or power preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
11.9 Entire Terms. The EULA constitutes the entire agreement between you and us regarding the use of the Game. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
11.10 Copyright/Trademark Information. Copyright © 2026 Brain Jar Games, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.11 Contact Information: support@brainjar.games
DEAD AS DISCO
End-User License Agreement
Last Updated: March 4th, 2026
Welcome to Dead as Disco (the “Game”)! The Game is a copyrighted work belonging to Brain Jar Games, Inc. (“Company”, “us”, “our”, and “we”). This End-User License Agreement sets forth the legally binding terms and conditions that govern your use of the Game (the “EULA” or “Terms”).
By downloading, installing, using or accessing the Game, you (i) acknowledge that you have read and understand these Terms; (ii) represent that you meet one of the eligibility requirements above, and (iii) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these Terms, you may not download, install, use or access the Game.
1. Access to the Game.
1.1 Eligibility. Only persons who meet the following requirements may use the Game:
a. Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) and who agree to be bound by all of the terms of this EULA; or
b. Persons who are under the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, along with their parent or guardian, to be bound by all of the terms of this EULA.
1.2 License. Subject to the terms of this EULA and your continued compliance therewith, and provided that you meet the requirements in either Section 1.1(a) or 1.1(b) above, Company grants you a limited, non-transferable, non-exclusive, revocable license to download and install the Game for your personal, non-commercial use in accordance with the Game's documentation.
a. Licensed Music Music in the game is subject to the licensing terms of the original rights holders. Licensed music is for game use only, usage of music outside of game, including social media is governed by the terms of use of each individual Platform.
b. Third-Party and Open-Source Licenses. The Game may also be governed by the following license terms, as well as the privacy policies of third parties, including but not limited to Steam. The Game may include certain items of third-party software that are subject to open-source licenses (“Open-Source Software”). Such Open-Source Software is licensed under the terms of the license that accompanies such Open-Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.
c. Gameplay Filming, Recording or Streaming. Notwithstanding anything to the contrary set out in this Section 1.2, and without making any representations or warranties of any kind, including, without limitation, with respect to the clearances of any third-party materials that may appear or be heard in or during the Game, you may, at your own and sole risk, film, record or take video of you playing the Game (“Gameplay Footage”) and make such publicly available (e.g., post or stream), including to publicly display or perform the Game content, strictly on a non-competitive basis. This includes to platforms that may provide you with a revenue share or some other compensation. In so doing, however, and for the avoidance of doubt, you are and will be subject to any and all applicable terms and conditions of the websites, accounts or third-party platforms on which or through which you may make your Gameplay Footage available; you also remain subject to all other terms and conditions of these Terms as well as all applicable laws, rules and regulations. Your Gameplay Footage may contain third-party materials or intellectual property that is owned or controlled by others, and you agree not to use such third-party materials in any manner that infringes the rights of the owner or is contrary to any applicable licenses. Company grants you a limited, non-exclusive, non-transferable, revocable license to broadcast and distribute Gameplay Footage on third party platforms (e.g., YouTube, TikTok, Instagram, Facebook, etc.) subject to the following conditions: (1) you may only film, record or stream your Gameplay Footage and not any gameplay of others or the inclusion of others name, image, likeness, silhouette, voice, biography or signature, (2) you must comply with all of the terms and conditions of the platform on which or through which you stream or distribute content or Gameplay Footage, (3) your Gameplay Footage will not violate or infringe the rights of any third party, and (4) you may not use Gameplay Footage in any manner that is defamatory, illegal, harmful or otherwise violates the terms and conditions of these Terms. The permission and license set out in this subsection 1.2(c) may be revoked at any time for any reason or no reason.
1.3 Certain Restrictions. The rights granted to you in this EULA are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Game, whether in whole or in part, or any content displayed on the Game; (b) you will not modify, translate, adapt, make derivative works of, improve, disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game; (c) you will not access the Game in order to build a similar or competitive website, product, game or service; (d) except as expressly stated in this EULA, no part of the Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game. Unless otherwise indicated, any future release, update, or other addition to functionality of the Game will be subject to this EULA. All copyright and other proprietary notices on the Game (or on any content displayed on the Game) must be retained on all copies.
1.4 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part of it.
1.5 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Game.
1.6 Ownership. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this EULA or any other rights other than to use the Game in accordance with this EULA. Company and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other related intellectual property rights, except as expressly granted to you in this EULA. Neither this EULA (nor your access to the Game) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Section. Company and its suppliers reserve all rights not granted in this EULA. There are no implied licenses granted under these Terms.
2. Acceptable Use and Information Submitted Through the Game (and Outside Platforms as defined below)
2.1 User Content. “User Content” means any and all information and content, whether in the form of text, spoken words or sounds, images, video or any other content or materials of any kind, that you or any other user submits to or through, or uses with, the Game, or any group or other manner of forum on social media organized by the Company including without limitation, our Discord server, Facebook page, Instagram account, YouTube channel, Twitter/X account and any of our other social accounts or pages (“Outside Platform(s)”). Your submission of User Content is governed by this Agreement and the Company Privacy Policy if through the Game, or if through an Outside Platform, by the terms and policies of the applicable platform, provided that your User Content must, in either case, always comply with the terms of this Section 2. By submitting User Content through the Game or Outside Platform, you make the following representations, warranties and agreements:
a. You meet the eligibility requirements in Section 1.1 above;
b. You agree that you are solely responsible for, and you assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party;
c. You consent to our use of your personal information as outlined in the Privacy Policy;
d. To the extent that you submit information that personally identifies or is otherwise of or about a third party (“Third Party Information”) through the Game or Outside Platform, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;
e. All information or material that you submit through the Game or Outside Platform is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;
f. You hereby represent and warrant that your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms.
g. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3).
h. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Game or Outside Platform. You hereby irrevocably waive (and agree to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
a. You agree that your use of the Game, including any online or multiplayer functionality, will comply with the following terms. The Game supports peer-to-peer multiplayer gameplay by allowing users to connect directly with others through Steam friend invitations or lobby codes. There is no matchmaking system or in-game server browser, and no user-generated content is permitted, including custom character names or modifications. When participating in multiplayer sessions, your Steam username may be visible to other players, and the Game may allow for text-based communication through in-game chat.
b. You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any communications or other User Content of any kind that (i) violates Section 2.3(a) or any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
c. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game; or (vi) use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game.
2.4 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating this EULA in accordance with Section 11, and/or reporting you to law enforcement authorities.
2.5 Feedback. If you provide Company with any feedback, information, ideas, comments or suggestions of any kind, including but not limited to feedback related to the Game or other Company projects (collectively “Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
3. Device Requirements. The Game may require certain minimum system or device requirements and/or only be accessible via third-party application marketplaces where the application can be downloaded. The device requirements should be listed on the official page where the Game may be purchased or downloaded.
4. Free Content. Upon downloading the Game, users may have access to certain features of the Game ("Free Features"). Company may add, remove, modify or otherwise change the Free Features at any time with or without notice to you. If you are accessing an early access or open beta version of the Game, Company reserves the right to charge a fee for access to other versions of the Game.
5. Updates. Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions of it may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this EULA.
6. Indemnification. You agree to indemnify, defend and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from and against any injuries, losses, damages, claims, suits, liabilities, judgments, costs and expenses (without limitation, all reasonable attorneys’ fees and expenses) of any nature due to or arising out of (a) your use of the Game, (b) your violation of this EULA, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. Release.
7.1 Release of Claims. YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE GAME (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER GAME USERS OR ANY THIRD PARTY MATERIALS).
7.2 California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. DISCLAIMERS
8.1 General Disclaimer. THE GAME IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICES PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
8.2 Unreal Disclaimer. THIS EULA SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND LIABILITIES RELATED TO THE UNREAL ENGINE.
8.3 Music Disclaimer. THIS EULA SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND LIABILITIES RELATED TO MUSIC PROVIDED BY THE END USER FOR PERSONAL USE ONLY.
8.4 Note Regarding Disclaimers. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Limitations on Liability.
9.1 Limitations. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICES PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU AND RECEIVED BY COMPANY, IF ANY, FOR YOUR LICENSE TO THE GAME. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9.2 Note Regarding Limitations on Liability. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Term and Termination. Subject to this Section, this EULA will remain in full force and effect while you use the Game. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion, including for any use of the Game in violation of this EULA. Upon termination of your rights under these EULA and right to access and use the Game will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under this EULA. Even after your rights under this EULA are terminated, the provisions of this EULA which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.1, 1.6, 2, and 6 through 11.
11. General
11.1 Changes. This EULA is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Game. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to this EULA will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Game. These changes will be effective immediately for new users of our Game. Continued use of our Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
11.3 Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. It contains an arbitration agreement (the “Arbitration Agreement”) between you and us. It is part of your agreement with us under these Terms and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
a. Applicability of Arbitration Agreement. You agree that all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms, the Game (or the Music), or any other service or product sold, licensed or otherwise provided by the Company that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
b. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to the Company attn.: Terms of Use Dispute at the address listed in the Contact Us Section below (or such other address as may be provided by the Company for this purpose. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
c. Arbitration. You agree that any dispute, claim or controversy arising under or relating in any way to these Terms, the Game (or the Music), and not informally resolved will be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms. The arbitration will be conducted by a single arbitrator and may be conducted remotely.
The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment.
The party filing a claim or counterclaim in the arbitration proceeding must pay the deposit(s) determined by NAM with respect to such claim or counterclaim. All other costs associated with the arbitration must be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration.
In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration will be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration.
Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator will apply the substantive law of the State of California, without giving effect to its conflict of laws provisions.
d. Coordinated Filings. If 25 or more Notices of disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are sought to be filed in arbitration as set forth in this Agreement. Disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases may only be filed with the arbitration provider as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.
Once counsel in the Coordinated Cases has advised us that all or substantially all Notices of dispute have been provided for those cases, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as “bellwethers,” to allow each side a reasonable opportunity to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number will be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in deciding how many bellwether trials to order include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of dispute, and only those chosen cases may be filed with the arbitration provider. No other cases may be filed until those bellwether matters have concluded, and we cannot be required to pay any fees associated with arbitration demands other than those permitted to be filed as bellwethers. The parties acknowledge that resolution of Coordinated Cases not selected as bellwethers will be delayed by this bellwether process.
Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.
Only bellwether trials will proceed in arbitration. Once all bellwether trials have concluded (or sooner if all parties’ counsels agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. If we cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter.
If the mediation does not yield a global resolution, this arbitration requirement will no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of dispute was received by the other party but that were not resolved in bellwether proceedings. Such disputes may be filed only in the state courts in the city and county of San Francisco, California, or if federal jurisdiction exists, in the United States District Court for the Northern District of California, and you consent as part of the Terms to venue such cases exclusively in these courts. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.
e. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and the Company in any state or federal court, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
f. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
g. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
i. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
j. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, complaint or remedy under the EU General Data Protection Regulation, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
k. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California, for such purpose.
11.4 Export. The Game may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
11.5 Disclosures. Company is located at 145 Lisbon Street, San Francisco, California 94112. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.6 Electronic Communications. The communication between you and Company uses electronic means, whether you use the Game or send us emails, or whether Company posts notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.7 Severability. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal or unenforceable under applicable law, such term or provision will be deemed deleted solely to the extent of such invalidity and solely with respect to the persons or circumstances as to which it has been held invalid or unenforceable, and the remainder of the provision shall be modified, rewritten, or otherwise interpreted by the court to include as much of its nature and scope as will render it enforceable, and all other provisions of this Agreement will continue in full force and effect.
11.8 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power provided by this EULA will operate as a waiver of said right or power, nor will any single or partial exercise of any right or power preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
11.9 Entire Terms. The EULA constitutes the entire agreement between you and us regarding the use of the Game. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
11.10 Copyright/Trademark Information. Copyright © 2026 Brain Jar Games, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.11 Contact Information: support@brainjar.games