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Last Updated: March 2, 2026
Welcome to MARVEL MaXimum Collection (the “Game”)! The Game is a copyrighted work belonging to Limited Run 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.
PLEASE NOTE: The game does not include in-game chat or messaging features. Players
may still be able to communicate using platform-level tools (e.g.,
console party chat or Steam messaging), which are operated and
controlled by the applicable platform provider and not by Company.
Company does not monitor or control platform-level communications.
Public lobbies may be joinable by other players. If there are concerns
about interacting with unknown players, we recommend playing in private
lobbies with people you know.
FOR PARENTS OR GUARDIANS OF CHILDREN UNDER THE AGE OF
MAJORITY WHO PLAY THE GAME, WE ENCOURAGE YOU TO TAKE AN ACTIVE ROLE IN
YOUR CHILD’S GAMEPLAY EXPERIENCE. IN PARTICULAR, YOU MAY WISH TO
RESTRICT PARTICIPATION IN PUBLIC GAMES, WHICH CAN BE JOINED BY OTHER
PLAYERS WITHOUT PRIOR APPROVAL. WE ALSO ENCOURAGE PARENTS AND GUARDIANS
TO SPEAK WITH THEIR CHILDREN ABOUT ONLINE SAFETY AND THE RISKS
ASSOCIATED WITH INTERACTING WITH STRANGERS ONLINE.
THIRD-PARTY SERVICES AND PLATFORM TERMS: The Game may be accessed through third-party platforms (e.g., Steam, Xbox, and PlayStation) and uses Epic Online Services (“EOS”)
to facilitate online multiplayer connectivity. Your use of those
third-party services may be subject to additional terms and policies of
those providers. Company does not control third-party platforms or EOS
and is not responsible for their services or data practices.
1. Access to the Game.
1.1 Eligibility. Only persons meeting 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) 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, limited license to download and install the
Game for your personal, non-commercial use in accordance with the Game's
documentation. The Game does not require you to create an account with
Company; access is provided through your account with the applicable
platform provider (e.g., Steam, Xbox, or PlayStation).
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; (f) you will not use cheats, automation software,
hacks, mods, or any unauthorized third-party software designed to modify
or interfere with the Game’s operation, including disrupting
peer-to-peer connectivity, lobbies, or sessions. 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 Section 1.2. Company and its suppliers reserve
all rights not granted in this EULA. There are no implied licenses
granted under these Terms.
2. Acceptable Use
2.1. Outside Platform(s). The
Game does not allow users to submit content to Company through the Game
and does not host in-game communications. Company may maintain
community spaces or pages on third-party services, such as the
Company-operated Limited Run Games Discord server and Company social
media accounts (each, an “Outside Platform”).
Content you post to an Outside Platform is governed by the terms and
policies of the applicable platform and (to the extent relevant) must
always comply with the terms of this Section 2. By posting content on an
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 content, including any reliance on its accuracy, completeness
or usefulness by others, or any disclosure of your 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 an 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 an 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 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 content does not violate our Acceptable Use Policy (defined in Section 2.3).
(h) You may not
represent or imply to others that your content is in any way provided,
sponsored or endorsed by Company. Company is not obligated to backup any
content posted on Outside Platforms, and content may be removed or
moderated at any time without prior notice. You are solely responsible
for creating and maintaining your own backup copies of your content if
you desire.
2.2 Online Multiplayer; Epic Online Services. The Game uses Epic Online Services (“EOS”)
to facilitate online multiplayer connectivity. An Epic account is not
required to play the Game online. When you connect to online services,
EOS may create a temporary login for connectivity purposes that is
invisible to you and deleted when you disconnect. Company does not
provide Epic accounts and does not control EOS. Your use of EOS is
subject to Epic’s applicable terms and privacy policy (see Epic Online Services Developer Agreement and Epic Games Privacy Policy for more information.)
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
cross-platform, peer-to-peer multiplayer gameplay by allowing users to
connect directly with others through public lobbies and private lobbies.
Private lobbies may use a code that players may share outside of the
Game at their discretion. Public games may be joinable by anyone. The
Game does not include in-game chat or messaging. Depending on the
platform and session, your platform identifier (e.g., gamertag, PSN
Online ID, Steam display name, or similar identifier) may be visible to
other players. You are responsible for your interactions with other
players and for how you share private lobby codes.
(b) You agree
not to use the Game to engage in conduct 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
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 (vii) use automation, scripts, or tools to manipulate
lobbies, sessions, connectivity, or other multiplayer features, 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, reporting
you to law enforcement authorities, and/or reporting your conduct to the
applicable platform provider.
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. For clarity, the
Game does not include in-game purchases, virtual currency, or in-game
advertising. Any purchase price for the Game (if any) is handled by the
storefront/platform provider through which you obtained 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. Online features, including multiplayer connectivity, may
depend on third-party services (including EOS and platform networks) and
may be modified, limited, or discontinued.
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. Omitted.
8. Release.
8.1. 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, PUBLIC
LOBBIES, PRIVATE LOBBY CODES, PEER-TO-PEER CONNECTIVITY, OR ANY
THIRD-PARTY SERVICES).
8.2. 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.”
9.
9.1 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 UNINTERRUPTED BASIS
OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
9.2. Third-Party Services Disclaimer. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS, CONDITIONS AND LIABILITIES RELATED TO
THIRD-PARTY SERVICES USED IN CONNECTION WITH THE GAME, INCLUDING WITHOUT
LIMITATION PLATFORM NETWORK SERVICES (E.G., STEAM, XBOX, PLAYSTATION)
AND EPIC ONLINE SERVICES (“EOS”).
9.3 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.
10. Limitation on Liability.
10.1. 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 OR ANY THIRD-PARTY SERVICES
USED IN CONNECTION WITH 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.
10.2 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.
11. 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 this EULA and right to access and use the Game will
terminate immediately. Because access to the Game may be provided
through third-party platforms, enforcement actions may also include
requesting that the applicable platform provider take action consistent
with its terms (where available). 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 12.
12. General
12.1. 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 or on the Limited Run website. You are
responsible for providing us with your most current e-mail address, if
any. In the event that the last e-mail address that you have 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 the Game’s official website and/or the applicable
storefront/platform listing 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 through the notice
methods described above. 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.
12.2. Governing Law. This
EULA is governed by and construed in accordance with the internal laws
of the State of North Carolina without giving effect to any choice or
conflict of law provision or rule.
12.3 Disputes.
(a) 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.
(b)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 Service, or any Product or service 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.
(c) 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.
(d) Arbitration. You agree that any
dispute, claim or controversy arising under or relating in any way to
these Terms, the Service or the Products, 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 North Carolina, without giving effect to
its conflict of laws provisions.
(e) 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 Arbitration 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 Arbitration 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 Wake County, North Carolina, or if federal
jurisdiction exists, in the United States District Court for the Eastern
District of North Carolina, 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.
(f) 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.
(g) 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.
(h) 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 Arbitration Agreement,
to enforce an arbitration award, or to seek injunctive or equitable
relief.
(i) 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 Arbitration Agreement shall
continue in full force and effect.
(j) 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.
(k) 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.
(l) 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 Wake County, North Carolina, for such
purpose.
12.5. 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.
12.5 Disclosures. Company
is located at 1101 Perry Rd, Apex, North Carolina 27502. 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.
12.6 Electronic Communications. The
communications between you and Company use 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.
12.7. Severability. The
invalidity or unenforceability of any term or provision of this EULA
shall not affect the validity or enforceability of any other term or
provision of this EULA. If any term or provision of this EULA 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 EULA will continue in full force and effect.
12.8. 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 EULA and any applicable
purchase or other terms, the terms of this EULA will govern.
12.9. 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”. 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.
12.10. Copyright/Trademark Information. Copyright © 2026 Limited Run 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. Contact Information:
legal@limitedrungames.com
Welcome to MARVEL MaXimum Collection (the “Game”)! The Game is a copyrighted work belonging to Limited Run 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.
PLEASE NOTE: The game does not include in-game chat or messaging features. Players
may still be able to communicate using platform-level tools (e.g.,
console party chat or Steam messaging), which are operated and
controlled by the applicable platform provider and not by Company.
Company does not monitor or control platform-level communications.
Public lobbies may be joinable by other players. If there are concerns
about interacting with unknown players, we recommend playing in private
lobbies with people you know.
FOR PARENTS OR GUARDIANS OF CHILDREN UNDER THE AGE OF
MAJORITY WHO PLAY THE GAME, WE ENCOURAGE YOU TO TAKE AN ACTIVE ROLE IN
YOUR CHILD’S GAMEPLAY EXPERIENCE. IN PARTICULAR, YOU MAY WISH TO
RESTRICT PARTICIPATION IN PUBLIC GAMES, WHICH CAN BE JOINED BY OTHER
PLAYERS WITHOUT PRIOR APPROVAL. WE ALSO ENCOURAGE PARENTS AND GUARDIANS
TO SPEAK WITH THEIR CHILDREN ABOUT ONLINE SAFETY AND THE RISKS
ASSOCIATED WITH INTERACTING WITH STRANGERS ONLINE.
THIRD-PARTY SERVICES AND PLATFORM TERMS: The Game may be accessed through third-party platforms (e.g., Steam, Xbox, and PlayStation) and uses Epic Online Services (“EOS”)
to facilitate online multiplayer connectivity. Your use of those
third-party services may be subject to additional terms and policies of
those providers. Company does not control third-party platforms or EOS
and is not responsible for their services or data practices.
1. Access to the Game.
1.1 Eligibility. Only persons meeting 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) 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, limited license to download and install the
Game for your personal, non-commercial use in accordance with the Game's
documentation. The Game does not require you to create an account with
Company; access is provided through your account with the applicable
platform provider (e.g., Steam, Xbox, or PlayStation).
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; (f) you will not use cheats, automation software,
hacks, mods, or any unauthorized third-party software designed to modify
or interfere with the Game’s operation, including disrupting
peer-to-peer connectivity, lobbies, or sessions. 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 Section 1.2. Company and its suppliers reserve
all rights not granted in this EULA. There are no implied licenses
granted under these Terms.
2. Acceptable Use
2.1. Outside Platform(s). The
Game does not allow users to submit content to Company through the Game
and does not host in-game communications. Company may maintain
community spaces or pages on third-party services, such as the
Company-operated Limited Run Games Discord server and Company social
media accounts (each, an “Outside Platform”).
Content you post to an Outside Platform is governed by the terms and
policies of the applicable platform and (to the extent relevant) must
always comply with the terms of this Section 2. By posting content on an
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 content, including any reliance on its accuracy, completeness
or usefulness by others, or any disclosure of your 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 an 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 an 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 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 content does not violate our Acceptable Use Policy (defined in Section 2.3).
(h) You may not
represent or imply to others that your content is in any way provided,
sponsored or endorsed by Company. Company is not obligated to backup any
content posted on Outside Platforms, and content may be removed or
moderated at any time without prior notice. You are solely responsible
for creating and maintaining your own backup copies of your content if
you desire.
2.2 Online Multiplayer; Epic Online Services. The Game uses Epic Online Services (“EOS”)
to facilitate online multiplayer connectivity. An Epic account is not
required to play the Game online. When you connect to online services,
EOS may create a temporary login for connectivity purposes that is
invisible to you and deleted when you disconnect. Company does not
provide Epic accounts and does not control EOS. Your use of EOS is
subject to Epic’s applicable terms and privacy policy (see Epic Online Services Developer Agreement and Epic Games Privacy Policy for more information.)
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
cross-platform, peer-to-peer multiplayer gameplay by allowing users to
connect directly with others through public lobbies and private lobbies.
Private lobbies may use a code that players may share outside of the
Game at their discretion. Public games may be joinable by anyone. The
Game does not include in-game chat or messaging. Depending on the
platform and session, your platform identifier (e.g., gamertag, PSN
Online ID, Steam display name, or similar identifier) may be visible to
other players. You are responsible for your interactions with other
players and for how you share private lobby codes.
(b) You agree
not to use the Game to engage in conduct 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
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 (vii) use automation, scripts, or tools to manipulate
lobbies, sessions, connectivity, or other multiplayer features, 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, reporting
you to law enforcement authorities, and/or reporting your conduct to the
applicable platform provider.
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. For clarity, the
Game does not include in-game purchases, virtual currency, or in-game
advertising. Any purchase price for the Game (if any) is handled by the
storefront/platform provider through which you obtained 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. Online features, including multiplayer connectivity, may
depend on third-party services (including EOS and platform networks) and
may be modified, limited, or discontinued.
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. Omitted.
8. Release.
8.1. 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, PUBLIC
LOBBIES, PRIVATE LOBBY CODES, PEER-TO-PEER CONNECTIVITY, OR ANY
THIRD-PARTY SERVICES).
8.2. 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.”
9.
9.1 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 UNINTERRUPTED BASIS
OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
9.2. Third-Party Services Disclaimer. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS, CONDITIONS AND LIABILITIES RELATED TO
THIRD-PARTY SERVICES USED IN CONNECTION WITH THE GAME, INCLUDING WITHOUT
LIMITATION PLATFORM NETWORK SERVICES (E.G., STEAM, XBOX, PLAYSTATION)
AND EPIC ONLINE SERVICES (“EOS”).
9.3 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.
10. Limitation on Liability.
10.1. 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 OR ANY THIRD-PARTY SERVICES
USED IN CONNECTION WITH 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.
10.2 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.
11. 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 this EULA and right to access and use the Game will
terminate immediately. Because access to the Game may be provided
through third-party platforms, enforcement actions may also include
requesting that the applicable platform provider take action consistent
with its terms (where available). 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 12.
12. General
12.1. 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 or on the Limited Run website. You are
responsible for providing us with your most current e-mail address, if
any. In the event that the last e-mail address that you have 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 the Game’s official website and/or the applicable
storefront/platform listing 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 through the notice
methods described above. 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.
12.2. Governing Law. This
EULA is governed by and construed in accordance with the internal laws
of the State of North Carolina without giving effect to any choice or
conflict of law provision or rule.
12.3 Disputes.
(a) 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.
(b)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 Service, or any Product or service 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.
(c) 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.
(d) Arbitration. You agree that any
dispute, claim or controversy arising under or relating in any way to
these Terms, the Service or the Products, 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 North Carolina, without giving effect to
its conflict of laws provisions.
(e) 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 Arbitration 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 Arbitration 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 Wake County, North Carolina, or if federal
jurisdiction exists, in the United States District Court for the Eastern
District of North Carolina, 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.
(f) 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.
(g) 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.
(h) 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 Arbitration Agreement,
to enforce an arbitration award, or to seek injunctive or equitable
relief.
(i) 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 Arbitration Agreement shall
continue in full force and effect.
(j) 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.
(k) 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.
(l) 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 Wake County, North Carolina, for such
purpose.
12.5. 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.
12.5 Disclosures. Company
is located at 1101 Perry Rd, Apex, North Carolina 27502. 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.
12.6 Electronic Communications. The
communications between you and Company use 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.
12.7. Severability. The
invalidity or unenforceability of any term or provision of this EULA
shall not affect the validity or enforceability of any other term or
provision of this EULA. If any term or provision of this EULA 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 EULA will continue in full force and effect.
12.8. 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 EULA and any applicable
purchase or other terms, the terms of this EULA will govern.
12.9. 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”. 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.
12.10. Copyright/Trademark Information. Copyright © 2026 Limited Run 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. Contact Information:
legal@limitedrungames.com