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Effective Date: September 7, 2021
This End User License Agreement (“EULA”) is entered into between Glad Raptor Games Inc. and HappyTexel UG, their parents, subsidiaries and affiliates (collectively “Texel”, “we”, or “our”), and you, and applies to the video game currently titled Parkitect (the “Game”) and its various downloadable content (the “DLC”) and online gaming features, social media content, user generated content and modified digital assets associated with the Game and DLC (the “Community”), Parkitect’s website, themeparkitect.com, Parkitect’s Steam page, store.steampowered.com/app/453090/Parkitect/, Parkitect’s GOG.com page, gog.com/game/parkitect, and any other services or products on which Texel chooses to apply this EULA (collectively, the “Service”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE EULA.
1. LICENSES
1.1 License. Subject to the terms and conditions of this agreement, Texel grants you a personal, non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to install and use the Game if downloaded from Texel directly or from an authorized third party. You may only use one copy of the Game at any one time on authorized devices. If you wish to use the Game on two or more devices at the same time, you must acquire additional licenses. Any commercial use is prohibited. You agree that no title or ownership interest in the Service is transferred or assigned to you and that the EULA is not a sale of any right to the Service.
1.2 Updates. You agree that the Game may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that Texel may have to support the previous version of the Game may end upon the Game becoming available inclusive of the update, upgrade or implementation of additional features.
1.3 Streaming and Social Media License. Texel grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display any part of the Service on video streaming websites, such as youtube.com and twitch.com, and on social media, such as tweeting a video (“Social Content”). Texel may terminate or modify the scope of the streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss you incur.
1.4 User Content License. User content includes any information that you create, submit, transmit or upload while using the Service, for example, Social Content, any submissions, comments, questions, testimonials, tutorials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to Texel through any method existing now, such as user generated and modified digital assets of the Game, and the monthly community “build-offs” submitted designs, or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Texel a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Texel reserves the right to review, edit, delete or block access to User Content without notice.
2. ACCOUNTS
2.1 Account. Use of the Service may require you to register a user account with a third party, such as Steam or GOG.com (each, an “Account”). Texel strongly recommends that you keep your login information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are not refundable.
2.2 Communication. Your correspondence or business dealing with, or participation in promotions of third party, such as Steam or GOG.com, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Texel will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
3. USE OF THE SERVICE
3.1 Personal Data. Accessing the Service may require you to provide Texel with personal data, which is collected, used and disclosed in accordance with Texel’s Privacy Policy, if any, and in compliance with legal standards applicable in your jurisdiction. You agree to provide accurate and complete personal data to Texel and to update your data if it changes. The Privacy Policy is available at http://themeparkitect.com/privacypolicy.
3.2 Age Restriction. You must be at least the age of majority in your jurisdiction in order to access the online and community features of the Service. If you are under the age of majority in your jurisdiction, you may not use these features of the Service.
3.3 Guardian Permissions. If you have agreed to allow your child under the age of majority, or a child for whom you are legal guardian (a “Minor”), to use the Service, you agree that you will be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Service; (c) the consequences of any use of the Service by such Minor. Children under the age of 13 cannot enter restricted areas of the Service. At various places on the Service, we ask users to enter their age. Texel relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.
3.4 Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d) as amended, Texel hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/Censorship/Censorware, and at the Safe Surf site, http://www.safesurf.com. To view information on our policy regarding privacy of children under the age of 13, please see our privacy policy.
3.5 Access. Access to the Service may require hardware including but not limited to a compatible computer meeting certain minimum specifications set by Texel and described on themeparkitect.com and the store page from which you downloaded any part of the Service, as updated on one or more occasions, and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection. Texel does not guarantee that this Game is available in all regions.
4. LIMITATIONS ON USE OF THE SERVICE
4.1 Limitations. You agree that you will not use the Service in the following manner:
a. engage in conduct that Texel determines, in its sole discretion, to constitute improper use of the Service;
b. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code;
c. except for Social Content or as expressly permitted by Texel, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Service;
d. sell, lease or remove/alter advertising for the Service;
e. cheat or use, develop or distribute other cheat utility services or knowingly exploit a flaw or bug in the Service;
f. break, attempt or otherwise assist with the disruption of any computer used to support the Service or experience of another user;
g. upload files that contain viruses, ransomware, Trojan horses, worms, time bombs, corrupted files or data or other similar services or programs that may damage operation of the Service or the computers of other users;
h. utilize the Service or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 1.3;
i. promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit parts of the Service, cheats or hacks for any part of the Service;
j. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
k. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
l. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
m. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
n. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
o. collect or attempt to obtain user data, whether personal or anonymous; or
p. impersonate another person or an employee of Texel
as determined by Texel in its sole discretion.
5. TERM AND TERMINATION
5.1 Term. Texel may also suspend or terminate your access to the Service at any time for any reason (or for no reason) including but not limited to your violation of the EULA, as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Texel. You may terminate your access to the Service at any time by ceasing to use the Service and deleting the Service you have installed. Data collected by Texel may be retained for a period of time after your access to the Service is terminated, as described further in the Privacy Policy and as allowed by the laws applicable in your jurisdiction.
5.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Texel shall cease to provide access to the online and community features of the Service and may delete data associated with your use of the Service. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Texel, and Texel is not liable to you or any third party for such suspension or termination and any related loss.
6. TEXEL OWNERSHIP RIGHTS
All right, title and interest in and to the Service including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, designs, characters, character names, character likenesses, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel, methods of operation and items built within the Service by users, are owned by Texel. Texel reserves all rights in the Service.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 DISCLAIMER. THE SERVICE IS STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY TEXEL “AS IS”. TEXEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, ITS “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, MANAGEMENT MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM YOUR HARDWARE OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE SERVICE IS UNSUPPORTED AND THE EULA DOES NOT CREATE ANY OBLIGATION UPON TEXEL TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY TEXEL OR ITS REPRESENTATIVES, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
7.2 THIRD PARTY DISCLAIMER. TEXEL HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER TEXEL, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEXEL AND ITS BUSINESS PARTNERS (E.G., TEXEL’S THIRD PARTY PUBLISHING AFFILIATES (AS DEFINED BELOW), CONTRACTORS, AGENTS, AND/OR VENDORS (COLLECTIVELY, THE “BUSINESS PARTNERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. TEXEL AND ITS BUSINESS PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TEXEL AND ITS BUSINESS PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION AND THE COMPLETENESS, ACCURACY AND USEFULNESS OF ANY CONTENT FOUND ON THE SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION WITH THAT USE, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
7.3 LIMITATION OF LIABILITY. TEXEL AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF TEXEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST TEXEL AND ITS REPRESENTATIVES MUST BE COMMENCED NO LATER THAN SIX (6) MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY YOU.
7.4 TEXEL’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD TEXEL AND ITS REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT TEXEL AND ITS REPRESENTATIVES’ AGGREGATE RISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
7.5 INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TEXEL, AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING FROM YOUR BREACH OF THIS AGREEMENT.
8. UPDATES
Texel agrees to notify you of an update to the EULA by an in-Game message and by a posting on themeparkitect.com. You are deemed to accept an update by continuing to use the Service. Unless Texel states otherwise, updates are automatically effective thirty (30) days after posting.
9. GENERAL
9.1 Governing law. The EULA is governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.
9.2 Severability. To the extent any section, clause, provision or sentence or part thereof of the EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the EULA given full force and effect.
9.3 No Waiver. Texel’s failure to assert or enforce any right contained in the EULA shall not constitute a waiver of that right.
9.4 Survival. Sections 3.5, 4.1, 5.2 and 6 though 9 survive termination of the EULA.
9.5 Entire Agreement. The EULA, together with the Privacy Policy, constitutes the entire agreement between you and Texel with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
9.6 Contact. You may contact Texel regarding this EULA by emailing support@themeparkitect.com.
This End User License Agreement (“EULA”) is entered into between Glad Raptor Games Inc. and HappyTexel UG, their parents, subsidiaries and affiliates (collectively “Texel”, “we”, or “our”), and you, and applies to the video game currently titled Parkitect (the “Game”) and its various downloadable content (the “DLC”) and online gaming features, social media content, user generated content and modified digital assets associated with the Game and DLC (the “Community”), Parkitect’s website, themeparkitect.com, Parkitect’s Steam page, store.steampowered.com/app/453090/Parkitect/, Parkitect’s GOG.com page, gog.com/game/parkitect, and any other services or products on which Texel chooses to apply this EULA (collectively, the “Service”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE EULA.
1. LICENSES
1.1 License. Subject to the terms and conditions of this agreement, Texel grants you a personal, non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to install and use the Game if downloaded from Texel directly or from an authorized third party. You may only use one copy of the Game at any one time on authorized devices. If you wish to use the Game on two or more devices at the same time, you must acquire additional licenses. Any commercial use is prohibited. You agree that no title or ownership interest in the Service is transferred or assigned to you and that the EULA is not a sale of any right to the Service.
1.2 Updates. You agree that the Game may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that Texel may have to support the previous version of the Game may end upon the Game becoming available inclusive of the update, upgrade or implementation of additional features.
1.3 Streaming and Social Media License. Texel grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display any part of the Service on video streaming websites, such as youtube.com and twitch.com, and on social media, such as tweeting a video (“Social Content”). Texel may terminate or modify the scope of the streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss you incur.
1.4 User Content License. User content includes any information that you create, submit, transmit or upload while using the Service, for example, Social Content, any submissions, comments, questions, testimonials, tutorials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to Texel through any method existing now, such as user generated and modified digital assets of the Game, and the monthly community “build-offs” submitted designs, or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Texel a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Texel reserves the right to review, edit, delete or block access to User Content without notice.
2. ACCOUNTS
2.1 Account. Use of the Service may require you to register a user account with a third party, such as Steam or GOG.com (each, an “Account”). Texel strongly recommends that you keep your login information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are not refundable.
2.2 Communication. Your correspondence or business dealing with, or participation in promotions of third party, such as Steam or GOG.com, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Texel will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
3. USE OF THE SERVICE
3.1 Personal Data. Accessing the Service may require you to provide Texel with personal data, which is collected, used and disclosed in accordance with Texel’s Privacy Policy, if any, and in compliance with legal standards applicable in your jurisdiction. You agree to provide accurate and complete personal data to Texel and to update your data if it changes. The Privacy Policy is available at http://themeparkitect.com/privacypolicy.
3.2 Age Restriction. You must be at least the age of majority in your jurisdiction in order to access the online and community features of the Service. If you are under the age of majority in your jurisdiction, you may not use these features of the Service.
3.3 Guardian Permissions. If you have agreed to allow your child under the age of majority, or a child for whom you are legal guardian (a “Minor”), to use the Service, you agree that you will be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Service; (c) the consequences of any use of the Service by such Minor. Children under the age of 13 cannot enter restricted areas of the Service. At various places on the Service, we ask users to enter their age. Texel relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.
3.4 Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d) as amended, Texel hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/Censorship/Censorware, and at the Safe Surf site, http://www.safesurf.com. To view information on our policy regarding privacy of children under the age of 13, please see our privacy policy.
3.5 Access. Access to the Service may require hardware including but not limited to a compatible computer meeting certain minimum specifications set by Texel and described on themeparkitect.com and the store page from which you downloaded any part of the Service, as updated on one or more occasions, and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection. Texel does not guarantee that this Game is available in all regions.
4. LIMITATIONS ON USE OF THE SERVICE
4.1 Limitations. You agree that you will not use the Service in the following manner:
a. engage in conduct that Texel determines, in its sole discretion, to constitute improper use of the Service;
b. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code;
c. except for Social Content or as expressly permitted by Texel, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Service;
d. sell, lease or remove/alter advertising for the Service;
e. cheat or use, develop or distribute other cheat utility services or knowingly exploit a flaw or bug in the Service;
f. break, attempt or otherwise assist with the disruption of any computer used to support the Service or experience of another user;
g. upload files that contain viruses, ransomware, Trojan horses, worms, time bombs, corrupted files or data or other similar services or programs that may damage operation of the Service or the computers of other users;
h. utilize the Service or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 1.3;
i. promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit parts of the Service, cheats or hacks for any part of the Service;
j. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
k. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
l. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
m. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
n. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
o. collect or attempt to obtain user data, whether personal or anonymous; or
p. impersonate another person or an employee of Texel
as determined by Texel in its sole discretion.
5. TERM AND TERMINATION
5.1 Term. Texel may also suspend or terminate your access to the Service at any time for any reason (or for no reason) including but not limited to your violation of the EULA, as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Texel. You may terminate your access to the Service at any time by ceasing to use the Service and deleting the Service you have installed. Data collected by Texel may be retained for a period of time after your access to the Service is terminated, as described further in the Privacy Policy and as allowed by the laws applicable in your jurisdiction.
5.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Texel shall cease to provide access to the online and community features of the Service and may delete data associated with your use of the Service. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Texel, and Texel is not liable to you or any third party for such suspension or termination and any related loss.
6. TEXEL OWNERSHIP RIGHTS
All right, title and interest in and to the Service including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, designs, characters, character names, character likenesses, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel, methods of operation and items built within the Service by users, are owned by Texel. Texel reserves all rights in the Service.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 DISCLAIMER. THE SERVICE IS STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY TEXEL “AS IS”. TEXEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, ITS “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, MANAGEMENT MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM YOUR HARDWARE OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE SERVICE IS UNSUPPORTED AND THE EULA DOES NOT CREATE ANY OBLIGATION UPON TEXEL TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY TEXEL OR ITS REPRESENTATIVES, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
7.2 THIRD PARTY DISCLAIMER. TEXEL HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER TEXEL, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEXEL AND ITS BUSINESS PARTNERS (E.G., TEXEL’S THIRD PARTY PUBLISHING AFFILIATES (AS DEFINED BELOW), CONTRACTORS, AGENTS, AND/OR VENDORS (COLLECTIVELY, THE “BUSINESS PARTNERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. TEXEL AND ITS BUSINESS PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TEXEL AND ITS BUSINESS PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION AND THE COMPLETENESS, ACCURACY AND USEFULNESS OF ANY CONTENT FOUND ON THE SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION WITH THAT USE, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
7.3 LIMITATION OF LIABILITY. TEXEL AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF TEXEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST TEXEL AND ITS REPRESENTATIVES MUST BE COMMENCED NO LATER THAN SIX (6) MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY YOU.
7.4 TEXEL’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD TEXEL AND ITS REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT TEXEL AND ITS REPRESENTATIVES’ AGGREGATE RISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
7.5 INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TEXEL, AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING FROM YOUR BREACH OF THIS AGREEMENT.
8. UPDATES
Texel agrees to notify you of an update to the EULA by an in-Game message and by a posting on themeparkitect.com. You are deemed to accept an update by continuing to use the Service. Unless Texel states otherwise, updates are automatically effective thirty (30) days after posting.
9. GENERAL
9.1 Governing law. The EULA is governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.
9.2 Severability. To the extent any section, clause, provision or sentence or part thereof of the EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the EULA given full force and effect.
9.3 No Waiver. Texel’s failure to assert or enforce any right contained in the EULA shall not constitute a waiver of that right.
9.4 Survival. Sections 3.5, 4.1, 5.2 and 6 though 9 survive termination of the EULA.
9.5 Entire Agreement. The EULA, together with the Privacy Policy, constitutes the entire agreement between you and Texel with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
9.6 Contact. You may contact Texel regarding this EULA by emailing support@themeparkitect.com.