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END USER LICENSE AGREEMENT
Life is Feudal: MMO
April 24th, 2024
IMPORTANT, PLEASE READ CAREFULLY BY EITHER DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT
This end-user license agreement along with our Code of Conduct https://support.longtalegames.com/hc/en-us/articles/16136459569428-Code-of-conduct, our Terms of Service https://ltg.com/terms-of-service, Privacy and Cookies Policy https://ltg.com/privacy-policy and any other terms governing the use of our services and products are incorporated herein by reference and form a legal agreement (hereinafter collectively referred to as “EULA”) between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “User”, “End User” or “Licensee,” and Long Tale Games, LLC (“Licensor”, “we”, “us”) for the software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any inconsistencies between the aforementioned terms and provisions will be resolved by Long Tale Games, LLC in its sole and absolute discretion. Any and all uses of the Software Product are governed by the terms of this EULA. Please note that by downloading, installing, using the Game you also agree with the creation of an account at our products and services assigned to you and our partner’s Terms of Use governing such an account https://account.xsolla.com/terms_of_use?xsolla_lang=ru&_xm=2002.274039281746444357. If you do not agree to the terms of this EULA or any other terms specified herein, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a third party distributor website (a “Website”) and do not agree with the terms and conditions herein, click “disagree/decline.” You agree that your use of the Software Product acknowledges that you have read this agreement, understand it, and agree to be bound by the terms and conditions specified herein, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you are obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
Licensor may, from time to time, modify, amend, or supplement this EULA, and post those changes on the Software Product Website https://lifeisfeudalmmo.com/ or otherwise. Such modifications, amendments or supplements shall be effective immediately upon posting. If you do not agree to be bound by (or cannot comply with) this EULA as modified, you agree that your sole remedy is to cease using the Software Product by canceling your account. Your continued use of the Software Product constitutes your agreement to be bound by the amended EULA.
2. OWNERSHIP
It is hereby understood and agreed that, as between you and Licensor, Licensor, is the owner of or has licensing rights to all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product. Specifically, if the Game allows you to acquire, create, design, modify the Game-related items, you agree that you do not gain any ownership interest whatsoever in any such items.
3. GENERAL
The Software Product is licensed, not sold to you by Licensor for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Licensor’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Licensor under this EULA.
The terms of this EULA will govern any Upgrades provided by Licensor that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Subject to your agreement to and continuing compliance with this EULA, Licensor hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on a single End User’s device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
B. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any to third parties. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Software Product and Game Content give you any intellectual property or proprietary rights in the Software Product and Game Content or in any logos and/or trade or service marks of Licensor. All rights, title, and interests belong solely to Licensor and its licensors.
D. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes (permanent storage media for archival/backup purposes may be allowed only upon the prior Licensor’s written consent), you shall not, without Licensor’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of Licensor’s copyrights and any other intellectual property rights as determined under the applicable law in and to the Software Product.
E. By accepting the terms of this EULA, you further agree that you will not, under any circumstances:
i. use, develop or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product or to get any advantages or benefits in the Game or to circumvent the rules of the Game;
ii. exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources and digital values for sale or transfer outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. use any obscene, vulgar, pornographic, provocative or racist language or material in the Game, on the Forums and chats relating to the Game;
v. use the Game in any other way that may be perceived by us as or we have a reason to believe is fraudulent, offensive or harmful including without limitation use the Game in a way that may breach or is inconsistent with our Code of Conduct https://support.longtalegames.com/hc/en-us/articles/16136459569428-Code-of-conduct.
Any use of the Software Product in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the suspension and\or termination of your account and Game process and to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Licensor’s sole discretion, Licensor may provide you with support services related to the Software Product (“Support Services”).
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
D. Licensor shall have the right, at any time, without notice to the End User to: (1) unilaterally suspend, modify or terminate the End User account, Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part.
E. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End Users shall immediately inform Licensor and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give or transfer its account, in-game currency account or personal information to any third parties.
F. Licensor shall have the right to collect End User’s personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Licensor may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
G. You acknowledge and agree that your communications with other End Users via any channel of communication within the Game are public and not private, and that you have no expectation of privacy concerning your use of the Game. You acknowledge that personal information that you communicate on the Game may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications within the Game. You are solely responsible for these communications and their legality under all applicable laws and regulations. Licensor is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any content within the Game, you expressly grant us the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform such content in any form, anywhere, with or without attribution to your nickname in our discretion, and without any notice or compensation to you of any kind.
7. ADDITIONAL SERVICES
“Additional services” means providing the User with additional, special in-game features for a fee under the conditions specified in this Agreement. Additional services are not a necessary condition for participation in or usage of the Game and are provided by End User’s request only. Additional services may consist but without limitation of the in-game currency or other digital values and assets (“Digital Values”) that can be purchased by the End User in the Game or at the websites and services related to the Licensor or/and to the Game if such functionality is applicable. Notwithstanding the foregoing under no circumstances the Licensor will be obliged to provide any additional services to the End User, all such additional services may be provided only at the Licensor’s sole discretion. As a condition to the use of additional services, End User acknowledges and agrees that:
No one under the age of 18 is permitted to purchase Digital Values. If it comes to Licensor’s attention that End User under the age of 18 has purchased some Digital Values, Licensor has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited;
Licensor is entitled to solely determine the maximum limit of the Digital Values that can be purchased in total per certain time period by one End User.
B. If Licensor has reason to think that the End User performs illegal activities or fraud related to payments of additional services in the Game, Licensor has the right to send relevant information to law enforcement bodies to investigate these facts.
C. If Licensor has reason to believe or suspects that the End User is exploiting any defects in the Game or is maliciously using any third party software to increase his/her amount of Digital Values, or if Licensor has reason to believe that such increase of Digital Values originates from a flaw in the system, Licensor has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited.
D. If End User is prohibited from using the Game, additional services by the legislation of their country or in case of any other legal restrictions, including age restrictions, End User shall not be allowed to use the Game or additional services. In this case End User shall be solely responsible for the use of the Game on the territory of their country in accordance with local laws.
E. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End User shall immediately inform Licensor and change their data. Unauthorized access by any third parties to End User’s personal information, account and End User’s Digital Values is strictly forbidden.
F. End User agrees and acknowledges that he/she shall not sell, transfer or give its account, Digital Values or personal information to any third parties.
G. Money, paid by End User for additional services, is not subject to return by Licensor and Licensor shall not be liable for the loss of the End User’s Digital Values.
H. End User agrees, understands and accepts that Software Product is not a gambling or cash game, contest or betting and that purchase of additional services and Digital Values is End User’s own will and desire and is not necessary or mandatory to participate in the Game and the Game process.
8. SUBSCRIPTIONS AND PAYMENT PROCESSING
The Game may be offered to you on a subscription basis by us or any authorized third party at the Game’s Website or other resources. In this case new Customers may be offered a trial free play period of playing the Game which will be determined by us at our sole discretion (Trial Period). Please be noted that the length of the Trial Period may be changed at any time at our sole discretion. The Trial Period may be provided to the new Customers only and not to the Customers with existing accounts in the Game.
After the expiration of the Trial Period in order to have an access to and continue playing the Game you will be required to agree to a recurring subscription ("Subscription") with a minimum subscription term of 30 days, and pay a recurring subscription fee ("Subscription Fee"). The Subscription Fee is the one indicated at the time of subscription to the Game. The Subscription Fee Rates will be published by us or by an authorized third party at the Game Website or any resources related to the Game. We may change the Subscription Fee rates at any time in our sole discretion, and will use reasonable efforts to notify you at least 30 days in advance of any changes to any changes in the Subscription Fees. Such changes will apply to the new Subscriptions, to the renewed Subscription or in case you decide to change your Subscription Plan within an active Subscription. If you do not agree with the new Subscription Fee rates you shall not renew your Subscription and will have to deactivate your Game Account. We or our authorized partners may offer different subscription plans in our sole discretion. The Subscription Fee will be charged in full at the beginning of each billing cycle ("Billing Cycle"). If you select a longer Billing Cycle, the Subscription Fee charged at the beginning of each Billing Cycle will include the entire covered term (meaning, if you choose a 90-day Billing Cycle, you will pay for all 90 days at once). All charges will be automatically charged to your preselected payment method, and once you have been charged for a given Billing Cycle, that charge is non-refundable. You agree to pay the appropriate amount each Billing Cycle until you deactivate your Account. Please, be informed that the subscriptions are recurring meaning that upon the expiration of your current subscription it will be renewed for successive periods of the same duration as your initial subscription.
You may increase or decrease the length of subsequent Billing Cycles at any time. However, the change will not take place until the end of the current Billing Cycle. For example, if you agree to a 90-day Billing Cycle and decide 15 days later to reduce it to a 30-day Billing Cycle, the change will not occur until the 90-day Billing Cycle has ended, at which time, you will be switched to a 30-day Billing Cycle.
If the attempt to charge/debit your preselected payment method fails, you may lose access to the Game when your Subscription expires until you resolve the issue. If you have lost access, your next Billing Cycle will begin on the date you successfully pay. We do not charge late fees or interest for access to the Game.
All charges related to the Game are non-refundable. Therefore, if you deactivate your Account and/or Subscription during a Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to play the Game until the Billing Cycle ends.
F. We do not process any payments under this EULA by ourselves. Any and all payments and/or refunds under this EULA will be arranged and processed by a third party (“Merchant of Record”, “MoR”). You may be required to create an account with such MoR, and by doing so, you are agreeing to comply with the MoR terms of service. You may need to provide additional information to verify your identity, business and tax information and your bank information when you register with the MoR. We do not control MoR Services, and are not liable for the above-mentioned and any other third-party services, for any transaction you may enter into with them or for what they do.
9. USER-GENERATED CONTENT
A. The use of the Game by Users may be resulted in the creation of user-generated content (hereinafter "UGC").
B. By creating UGC, You grant us, our licensors, licensees and any other persons designated by us a non-exclusive, royalty-free, worldwide, transferable license, for the duration of their term of protection, to use, reproduce, modify, adapt, execute, display, distribute and otherwise exploit and/or delete the UGC (or any portion thereof) in any manner we see fit. In addition, you grant a personal, non-transferable license to all other users of the Game to use the UGC when using the Game, including all rights to reproduce, distribute, display, execute or any other license rights necessary to use the UGC on a worldwide basis and for their term of protection.
C. You waive any moral rights that may apply to your UGC. For all countries that do not allow the waiver of moral rights, you consent to the use of your UGC in the Game or in the advertising and promotion of the Game, and agree that such use (or any related or ancillary use) does not constitute a violation of any of your intellectual property or moral rights.
D. By creating UGC, you declare that such UGC is not otherwise protected by copyright, moral rights, trademarks or other intellectual property rights, unless you are the owner of such rights or that you have a transferable license to such rights. In any and all cases, you declare that you have the right to generate such UGC without infringing upon the rights of a third party.
E. You also acknowledge that You shall not generate any prohibited content ("Prohibited Content"). Prohibited Content includes any Generated Content that violates the Code of Conduct and the rules set forth in this EULA and includes, but is not limited to, the following topics: nudity, hate speech, self-harm, dangerous organizations, bullying and harassment, violence and sexual exploitation, criminal activity, violence, and discussions about real-world politics or real-world religions.
F. We or our authorized partners reserve the exclusive and final right to review, delete, block, modify, move or disable UGC for any reason whatsoever with or without the prior notice.
G. If we at our sole discretion determine that UGC violates the provisions of this EULA, we may take steps to suspend, terminate or otherwise restrict a user from using the Game and/or the associated Game Account(s).
H. You agree to report any UGC that you believe is in violation of the provisions of this EULA.
10. TERM
A. This License is effective until terminated. End User may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Licensor may unilaterally terminate this Agreement at any time for any or no reason. Upon such termination, all licenses granted herein shall immediately terminate including without limitation licenses to the Software Product and any Additional Services, any Licensor’s obligations will be redeemed, and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your device. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Licensor to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your device.
11. INTELLECTUAL PROPERTY RIGHTS
A. As between you and Licensor, Licensor shall retain all right, title, and interest or licensing tights in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User.
B. You acknowledge Licensor’s exclusive rights in the Software Product and that the Software Product is unique and original to Licensor and that Licensor is owner or has licensing rights thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Licensor’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Licensor and shall be deemed the confidential information of Licensor.
12. EXPORT LAW ASSURANCES
You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND LICENSOR’S AFFILIATES (COLLECTIVELY REFERRED TO AS “LICENSOR” FOR THE PURPOSES OF SECTIONS 11 AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE PRODUCT WILL ALWAYS BE AVAILABLE, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Licensor does not accept liability for: (1) any possible criminal actions committed by End User; (2) statements of the End User, made or published on the Forums and chats relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by the End User, actions of in-game characters in the Game, disrespect for other End Users and their in-game characters; (3) the loss of access means by the End Users to their in-game accounts (loss of login, password and other information required for participation to the Game); and (4) the loss of the End User’s in-game currency and values provided by the Game or purchased by End User.
C. IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT (EXCLUDING THE AMOUNT PAID BY YOU TO GET IN-GAME CURRENCY) OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS LICENSOR MAY ELECT IN ITS SOLE DISCRETION; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, LICENSOR’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
15. DEFECTS AND SECURITY WARNING
A. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
16. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Licensor and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
17. GOVERNING LAW
A. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and Licensor agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. Licensor will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to the Licensor's address at support@longtalegames.com. Notwithstanding the foregoing, you and Licensor agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes concerning the validity of any of Licensor’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
B. Governing Law and Dispute Resolution: This EULA will be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts-of-law rules and without giving effect to any principles that may provide for the application of the law of another jurisdiction. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and Licensor agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator (“Arbitrator”) in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website at www.adr.org, and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so. YOU AND LICENSOR AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
18. WAIVER & SEVERABILITY
A failure on the part of Licensor to act with respect to a breach by you or others of this EULA does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
19. The Game may include certain software that is NOT developed by Long Tale Games LLC without limitation:
libogg, libtheora, libvorbis by Xiph Open Source Community
ljpeg by Thomas G. Lane
lmng by Gerard Juyn
lungif by Gershon Elber
lpng by Glenn Randers-Pehrson
zlib by Jean-loup Gailly and Mark Adler
tinyxml by www.sourceforge.net/projects/tinyxml
Bullet Continuous Collision Detection and Physics Library by Erwin Coumans
SMAA Algorithm by Jorge Jimenez, Jose I. Echevarria, Tiago Sousa, Belen Masia, Fernando Navarro and Diego Gutierrez
squish by Simon Brown
openssl - by The OpenSSL Project, license: http://www.openssl.org/source/license.html
libircclient by George Yunaev
mysql++ by Kevin Atkinson, MySQL AB and Educational Technology Resources, Inc
MariaDB by MariaDB Foundation, license: https://mariadb.com/kb/en/mariadb/mariadb-license/
FMOD by Firelight Technologies
Boost by Boost Open Source Community, license: http://www.boost.org/LICENSE_1_0.txt
ArcaneFX for Torque 3D by Faust Logic
CrashRpt library by Michael Carruth
Portions of The Game utilize SpeedTree® technology (©2015 Interactive Data Visualization, Inc.). SpeedTree® is a registered trademark of Interactive Data Visualization, Inc. All rights reserved.
20. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR
PRIVACY POLICY
Life is Feudal: MMO
April 24th, 2024
1. What Is This Privacy Policy About?
1.1 This privacy policy explains how we collect, use, share, transfer, and "sell" (for California residents) your personal data when you use the Software Product or Additional Services as they are defined in the End User License Agreement above (“Software and Services”) or otherwise interact with us; and your data privacy rights.
1.2 Personal data is any information about you by which you can be identified or be identifiable. This can include information such as: your name, email address, mobile number; information about your device (such as the IP address, which is a numerical code to identify your device that can provide information about the country, region or city where you are based); information relating to how you use and interact with our Software and Services.
1.3 When we refer to “personal data” in this policy, we are also referencing “personal information,” as it is defined under California law.
1.4 Sometimes our Software and Services may contain links to sites and services that are not part of our offerings. These sites and services should have their own privacy policies. If you follow a link to these sites and apps, you should read the privacy policy shown on their site.
2. The Types of Personal Data We Collect About You
2.1 We will only collect your personal data in line with applicable laws. We collect your personal data in various ways:
directly from you, when you download, play, use our Software and Services, when you browse our site, when you purchase certain Services;
personal data we generate about you (such as IP address, your geolocation data, information on how you interact with our services, your browsing history of the content you have visited on our site, including how you were referred to our site via other websites, details of your computer, mobile or other devices, for example, the unique device ID, unique vendor or advertising ID and browsers used to access our content);
personal data we collect from third parties, e.g. personal data that helps us to combat fraud or which we collect, with your permission, when you interact with your social media accounts.
3. Information We Receive From Other Sources About You
3.1 We may work with third parties, for example, business partners, sub-contractors for technical services, advertising networks, analytics providers and search information providers. If we receive information about you from them, we will always seek assurances that they are providing information to us in accordance with data protection laws and that they are transparent with you that they may share your data with us. We may use this information to update our records about you to keep them accurate.
4. How We Collect Personal Data?
4.1 We may collect personal data when you:
download, use, play, purchase our Software and Services;
attend our events;
enter our competitions and surveys;
post comments in our forum;
sign up for marketing communications;
use devices to access our content;
access and interact with our site;
when you contact us via email, user contact forms, social media, our site or when you mention us on social media;
Some personal data may be collected via cookies and similar technologies when you visit our web-site.
5. What Are Legal Basis And Purposes For The Processing?
5.1 Legitimate Interests. We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. We will not rent or sell personal information to anyone. Examples of when we rely on our legitimate interests to use your personal data include:
to analyse your experience and feedback with the Software and Services, so that we can understand how it is used and improve our content;
to keep you informed about new features, solicit your feedback, and just keep you up to date with what’s going on with our Software and Services;
for internal administrative purposes related to our Software and Services – such as our accounting and records;
to inform you of any changes to our Software and Services, such as updates;
to collect and log IP addresses to improve and manage our Software and Services;
enabling you to share our content with others using social media or email;
contacting you directly via social media or email if you send us emails, enter competitions or engage with us on social media or otherwise contact us;
when we respond to your queries and to resolve complaints;
for security and fraud prevention, and to ensure that our sites and apps are safe and secure and used in line with our terms of use.
5.2 Consent. Where consent is required for our use of your personal information, by ticking the appropriate consent box or otherwise communicating your consent (for example, by email), you consent to our use of that personal information for the purposes covered by the specific consent that you have given.
5.3 Compliance with law. In some cases, we may have a legal obligation to use or keep your personal data.
5.4 We may also use your personal data when carrying out automated decision-making and profiling for the purpose of identifying what information or news you might like to see from us, for example, by creating individual or group profiles.
6. What Are Our Security Standards?
6.1 We endeavor to protect your data by storing it on secure servers and by using technical and organizational security measures to safeguard your personal data and to reduce the risk of loss, misuse, and unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access controls. Please understand, however, that no system is perfect or can guarantee that unauthorized access or theft will not occur.
6.2 Transmission of information via the Internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee the security of data transmitted via the Website; any transmission is therefore at your own risk. Once we have received your personal information, we will use strict procedures and security features (as mentioned above) to try and prevent unauthorized access.
7. Who Will We Share Your Personal Data With?
7.1 We may share your data with the following categories of selected third parties in accordance with this privacy policy:
service providers (for example, IT services) that provide services on our behalf;
analytics and search engine providers that assist us in the improvement and optimization of the site;
law enforcement or regulatory agencies, or authorized third parties, where required by law, government, competent authorities or the courts or to establish, exercise or defend our legal rights, and for the purposes of preventing crime and fraud (for example, we may share personal data with our professional advisors, investigators, or credit reference agencies);
if you are going to one of our events hosted by an event partner, we may share your personal data with that partner for event administration purposes;
and if involved in an investment, merger, acquisition or sale of our organization or assets, personal data we hold may be shared with other parties to a transaction and their respective professional advisors.
7.2 These third parties who may receive your data will process that data for the purposes specified above and in accordance with applicable law (in addition to the purposes stated in this section). LTG will retain a list of the third parties with whom data is shared, which will be available upon request.
8. How Long Do We Store Your Data?
8.1 We will not store your personal data for longer than we need to use it in accordance with this policy. Unless we let you know otherwise (or you request we erase your personal data), we will keep your personal data while you are using our Software and Services or continue to wish to keep in touch with us.
9. What Are Your Rights?
9.1 You have the following rights with regard to your personal data (although these rights may be limited in some circumstances):
Access. You have the right to access data we hold about you. We may need you to verify your identity before we release any personal data to you, where necessary to do so.
Rectification or erasure. You have the right to request that we rectify or delete any personal data that we hold about you.
Restriction. You have the right to restrict your use of personal information in certain circumstances, including if the data is inaccurate, our use of the information is unlawful or if we no longer need to use the data for the purposes for which we hold it.
Objection. You have the right to object to the processing of your personal information in certain circumstances (including an absolute right to stop your data being used for direct marketing purposes).
Change of preferences. You can change your data processing preferences at any time.
Automated decision making. If you have any questions in respect of our automated decision-making processes or the accuracy of them, you can always contact us.
Data portability. You have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal data which you have provided to us and (b) if we are processing that data on the basis of your consent (such as your marketing preference information).
Complaints. If for any reason you are not happy with the way that we have handled your personal data, please contact us. If you are still not happy, you have the right to make a complaint to the supervisory authority. For example, you can also get in touch with the Information Commissioner’s Office: https://ico.org.uk/concerns (or if you live in a European country other than the UK, you can submit a complaint to the supervisory authority in your country).
9.2 To exercise any of the rights mentioned above, you may contact us via the contact details provided by our Software and Services.
10. What Are Your California Privacy Rights?
10.1 Under the California Consumer Privacy Act, California Civil Code Section 1798.100 you may contact us with regard to the following rights in relation to your personal data:
Right of Access: You have a right to request access to the personal data we may hold on you for the past twelve (12) months. You may submit up to two (2) requests per year of access to your personal data.
Right to Opt-In/Opt-Out of Sale of Personal Data: For individuals sixteen (16) years or older, you have the right to opt-out of sale of personal data we may hold on you.
Right to Deletion: You also have the right to ask us to delete personal data we may hold on you or restrict how it is used. There may be exceptions to the right to deletion for specific legal reasons which, if applicable, we will set out for you in response to your request.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your California Consumer Privacy Act rights.
10.2 If you want to make any of these requests, please, contact us via the contact details provided by our Software and Services. If you are a California resident, we will deal with requests for access to your personal data within forty-five (45) days for California-specific requests. If GDPR applies to you we will deal with your request within 30 days from the date when such request is received. We will notify you if we need some more time to proceed with your request (up to 60 days).
10.3 To help us respond as you expect, please specify that you are making a request under the California Consumer Privacy Act. We may need to request specific information from you to help us confirm your identity.
11. International Data Transfers
11.1 LTG is based in the United States, and we process and store information on servers located in the United States. We may store information on servers and equipment in other countries depending on a variety of factors, including the locations of our users and service providers.
11.2 When we transfer the personal data of users from the EEA, UK and/or Switzerland, we rely on the Standard Contractual Clauses approved by the European Commission, and the UK International Data Transfer Agreement or the UK Addendum approved by the Information Commissioner’s Office in the UK, for such transfers or other transfer mechanisms deemed ‘adequate’ under applicable laws. For more information on this, please contact us at support@longtalegames.com or via other contact method provided by our Services.
12. How You Can Protect Your Child's Information?
12.1 We do not knowingly collect information from children under the age of 18. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us via the contact details provided by our Software and Services.
13. Response Processing
We will try to promptly process your request regarding data privacy in the following manner:
13.1. In order to proceed with your request we will ask to verify your identity by a proof of your previous payment to us or from your payment system account or by email, which is linked to your previous payment in our system, by providing an ID or by other means within the applicable law. If we receive the request from your authorized agent, we may ask such an authorized agent to verify the authenticity and validity of the request as it is provided by the applicable law:
- To provide signed permission confirming the authority of the agent;
- To confirm the user's identity or provide Power of Attorney when applicable.
13.2. After the verification of your identity we will provide you with information on the action taken on a request without undue delay and in any event within 30 days of receipt of the request.
13.3. In case your erasure request to delete the information, we will not inform you about the result as we will remove your personal info including the original email.
13.4. Please note that in some exceptional cases we may suggest you send a request to a data processor directly due to instructions and agreements between such data processor and LTG.
13.5. If your response is considerably complex, or we have received a number of various requests from you at once, the above stated timeframe of answering to your request may be extended up to 2 months. We will directly notify you about such an extension before the due date of the response in the same manner as the request did.
Please note the response might be considered as a complex one upon the specific circumstances of that certain response. For example, if data is already electronically archived, or we need to clarify potential issues around disclosing information about a child to a legal guardian, or obtain specialist legal advice.
13.6. In exceptional cases, we may charge you a reasonable fee for the administrative costs of request processing when the request is manifestly unfounded or excessive or the request is unreasonably duplicative.
13.7.We keep records about privacy requests for no more than 24 months and up to 5 years due to applicable legislation (except the erasure requests) in order to comply with certain requirements.
14. Privacy Settings
14.1 You can at any time change your privacy settings using your personal Privacy settings tool at our Software and Services, including but without limitation the “Do Not Sell My Personal Data” setting.
15. Changes To This Privacy Policy
15.1 LTG may change this privacy policy from time to time at its sole discretion. If so, LTG notifies the users of the site about these changes by a pop-up line on the website.
Life is Feudal: MMO
April 24th, 2024
IMPORTANT, PLEASE READ CAREFULLY BY EITHER DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. END USER LICENSE AGREEMENT
This end-user license agreement along with our Code of Conduct https://support.longtalegames.com/hc/en-us/articles/16136459569428-Code-of-conduct, our Terms of Service https://ltg.com/terms-of-service, Privacy and Cookies Policy https://ltg.com/privacy-policy and any other terms governing the use of our services and products are incorporated herein by reference and form a legal agreement (hereinafter collectively referred to as “EULA”) between you (either an individual or a single entity), hereinafter sometimes referred to as “You,” “User”, “End User” or “Licensee,” and Long Tale Games, LLC (“Licensor”, “we”, “us”) for the software product accompanying this EULA which includes video game related software and may include associated media, printed media, and on-line or electronic documentation (collectively, “Software Product” or, alternatively, the “Game”). Any inconsistencies between the aforementioned terms and provisions will be resolved by Long Tale Games, LLC in its sole and absolute discretion. Any and all uses of the Software Product are governed by the terms of this EULA. Please note that by downloading, installing, using the Game you also agree with the creation of an account at our products and services assigned to you and our partner’s Terms of Use governing such an account https://account.xsolla.com/terms_of_use?xsolla_lang=ru&_xm=2002.274039281746444357. If you do not agree to the terms of this EULA or any other terms specified herein, you should not install, copy, download or use the Software Product and in which case you should contact your vendor regarding its return policy. If you are purchasing this Software Product from a third party distributor website (a “Website”) and do not agree with the terms and conditions herein, click “disagree/decline.” You agree that your use of the Software Product acknowledges that you have read this agreement, understand it, and agree to be bound by the terms and conditions specified herein, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you are obliged to obtain the necessary permission in the form required by law from the parents or other legal representatives.
Licensor may, from time to time, modify, amend, or supplement this EULA, and post those changes on the Software Product Website https://lifeisfeudalmmo.com/ or otherwise. Such modifications, amendments or supplements shall be effective immediately upon posting. If you do not agree to be bound by (or cannot comply with) this EULA as modified, you agree that your sole remedy is to cease using the Software Product by canceling your account. Your continued use of the Software Product constitutes your agreement to be bound by the amended EULA.
2. OWNERSHIP
It is hereby understood and agreed that, as between you and Licensor, Licensor, is the owner of or has licensing rights to all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product. Specifically, if the Game allows you to acquire, create, design, modify the Game-related items, you agree that you do not gain any ownership interest whatsoever in any such items.
3. GENERAL
The Software Product is licensed, not sold to you by Licensor for use only under the terms and conditions of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Licensor’s and its licensors’ intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The Software Product may contain license management software (also known as digital rights management software) that restricts your use of the Software Product.
4. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The Software Product package;
B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website;
C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”);
D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Licensor under this EULA.
The terms of this EULA will govern any Upgrades provided by Licensor that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.
5. GRANT OF LICENSE AND RESTRICTIONS
A. Subject to your agreement to and continuing compliance with this EULA, Licensor hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable End User license to: (1) install the Software Product on a single End User’s device owned by you or under your legitimate control (each a “Unit”); and (2) use the Software Product on a single Unit at a time and for non-commercial entertainment purposes only. Licensee may physically transfer the Software Product between Units provided that it is used on only one Unit at any given time.
B. Unless provided otherwise in the Documentation, you shall not display, modify, reproduce and distribute any Game Content, or portion(s) thereof, included with or relating to the Software Product, if any to third parties. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Software Product and Game Content give you any intellectual property or proprietary rights in the Software Product and Game Content or in any logos and/or trade or service marks of Licensor. All rights, title, and interests belong solely to Licensor and its licensors.
D. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes (permanent storage media for archival/backup purposes may be allowed only upon the prior Licensor’s written consent), you shall not, without Licensor’s express written consent:
i. Copy or reproduce, auction, loan, rent, lease, sublicense, gift or transfer the Software Product;
ii. Electronically transfer the Software Product through a LAN (local area network) or file sharing network; or
iii. Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works based on the Software Product or any accompanying materials, except to the extent allowed under any applicable law or allowed by the rule of the Game.
Any use of the Software Product in violation of these limitations will be regarded as an infringement of Licensor’s copyrights and any other intellectual property rights as determined under the applicable law in and to the Software Product.
E. By accepting the terms of this EULA, you further agree that you will not, under any circumstances:
i. use, develop or sell cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Software Product or to get any advantages or benefits in the Game or to circumvent the rules of the Game;
ii. exploit the Software Product or any of its part for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game currency, items or resources and digital values for sale or transfer outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
iii. remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Software Product; or
iv. use any obscene, vulgar, pornographic, provocative or racist language or material in the Game, on the Forums and chats relating to the Game;
v. use the Game in any other way that may be perceived by us as or we have a reason to believe is fraudulent, offensive or harmful including without limitation use the Game in a way that may breach or is inconsistent with our Code of Conduct https://support.longtalegames.com/hc/en-us/articles/16136459569428-Code-of-conduct.
Any use of the Software Product in violation of these limitations will be regarded as an infringement to this EULA and will be pursued to the suspension and\or termination of your account and Game process and to the fullest extent permissible under the law.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Licensor’s sole discretion, Licensor may provide you with support services related to the Software Product (“Support Services”).
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
C. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
D. Licensor shall have the right, at any time, without notice to the End User to: (1) unilaterally suspend, modify or terminate the End User account, Game process and the Game conditions; (2) modify or delete any information posted by End User on the Forum and chats relating to the Game, including statements and declarations; and (3) improve or modify the Game, or any of its part.
E. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End Users shall immediately inform Licensor and change their data. Unauthorized access by any third parties to End User’s personal information, account and in-game currency account in the Game is strictly forbidden. End User agrees and acknowledges that he/she shall not sell, give or transfer its account, in-game currency account or personal information to any third parties.
F. Licensor shall have the right to collect End User’s personal and technical information, including but not limited to age, country of residence, IP address, computer configuration and software usage, which is gathered periodically to facilitate the provision of software updates, product support and other services related to the Software Product. Licensor may use this information to improve its products or to provide services or technologies to End User. Such information shall not be sold or transferred to any third parties without the previous consent of End User.
G. You acknowledge and agree that your communications with other End Users via any channel of communication within the Game are public and not private, and that you have no expectation of privacy concerning your use of the Game. You acknowledge that personal information that you communicate on the Game may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications within the Game. You are solely responsible for these communications and their legality under all applicable laws and regulations. Licensor is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any content within the Game, you expressly grant us the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform such content in any form, anywhere, with or without attribution to your nickname in our discretion, and without any notice or compensation to you of any kind.
7. ADDITIONAL SERVICES
“Additional services” means providing the User with additional, special in-game features for a fee under the conditions specified in this Agreement. Additional services are not a necessary condition for participation in or usage of the Game and are provided by End User’s request only. Additional services may consist but without limitation of the in-game currency or other digital values and assets (“Digital Values”) that can be purchased by the End User in the Game or at the websites and services related to the Licensor or/and to the Game if such functionality is applicable. Notwithstanding the foregoing under no circumstances the Licensor will be obliged to provide any additional services to the End User, all such additional services may be provided only at the Licensor’s sole discretion. As a condition to the use of additional services, End User acknowledges and agrees that:
No one under the age of 18 is permitted to purchase Digital Values. If it comes to Licensor’s attention that End User under the age of 18 has purchased some Digital Values, Licensor has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited;
Licensor is entitled to solely determine the maximum limit of the Digital Values that can be purchased in total per certain time period by one End User.
B. If Licensor has reason to think that the End User performs illegal activities or fraud related to payments of additional services in the Game, Licensor has the right to send relevant information to law enforcement bodies to investigate these facts.
C. If Licensor has reason to believe or suspects that the End User is exploiting any defects in the Game or is maliciously using any third party software to increase his/her amount of Digital Values, or if Licensor has reason to believe that such increase of Digital Values originates from a flaw in the system, Licensor has the right to immediately delete that End User’s account and the entire account balance shall be deemed forfeited.
D. If End User is prohibited from using the Game, additional services by the legislation of their country or in case of any other legal restrictions, including age restrictions, End User shall not be allowed to use the Game or additional services. In this case End User shall be solely responsible for the use of the Game on the territory of their country in accordance with local laws.
E. End User agrees to take appropriate measures to ensure the safety of its account in the Game and passwords and to prevent unauthorized use of these by a third party. If End User has reason to believe that third parties have obtained such information or can obtain it, End User shall immediately inform Licensor and change their data. Unauthorized access by any third parties to End User’s personal information, account and End User’s Digital Values is strictly forbidden.
F. End User agrees and acknowledges that he/she shall not sell, transfer or give its account, Digital Values or personal information to any third parties.
G. Money, paid by End User for additional services, is not subject to return by Licensor and Licensor shall not be liable for the loss of the End User’s Digital Values.
H. End User agrees, understands and accepts that Software Product is not a gambling or cash game, contest or betting and that purchase of additional services and Digital Values is End User’s own will and desire and is not necessary or mandatory to participate in the Game and the Game process.
8. SUBSCRIPTIONS AND PAYMENT PROCESSING
The Game may be offered to you on a subscription basis by us or any authorized third party at the Game’s Website or other resources. In this case new Customers may be offered a trial free play period of playing the Game which will be determined by us at our sole discretion (Trial Period). Please be noted that the length of the Trial Period may be changed at any time at our sole discretion. The Trial Period may be provided to the new Customers only and not to the Customers with existing accounts in the Game.
After the expiration of the Trial Period in order to have an access to and continue playing the Game you will be required to agree to a recurring subscription ("Subscription") with a minimum subscription term of 30 days, and pay a recurring subscription fee ("Subscription Fee"). The Subscription Fee is the one indicated at the time of subscription to the Game. The Subscription Fee Rates will be published by us or by an authorized third party at the Game Website or any resources related to the Game. We may change the Subscription Fee rates at any time in our sole discretion, and will use reasonable efforts to notify you at least 30 days in advance of any changes to any changes in the Subscription Fees. Such changes will apply to the new Subscriptions, to the renewed Subscription or in case you decide to change your Subscription Plan within an active Subscription. If you do not agree with the new Subscription Fee rates you shall not renew your Subscription and will have to deactivate your Game Account. We or our authorized partners may offer different subscription plans in our sole discretion. The Subscription Fee will be charged in full at the beginning of each billing cycle ("Billing Cycle"). If you select a longer Billing Cycle, the Subscription Fee charged at the beginning of each Billing Cycle will include the entire covered term (meaning, if you choose a 90-day Billing Cycle, you will pay for all 90 days at once). All charges will be automatically charged to your preselected payment method, and once you have been charged for a given Billing Cycle, that charge is non-refundable. You agree to pay the appropriate amount each Billing Cycle until you deactivate your Account. Please, be informed that the subscriptions are recurring meaning that upon the expiration of your current subscription it will be renewed for successive periods of the same duration as your initial subscription.
You may increase or decrease the length of subsequent Billing Cycles at any time. However, the change will not take place until the end of the current Billing Cycle. For example, if you agree to a 90-day Billing Cycle and decide 15 days later to reduce it to a 30-day Billing Cycle, the change will not occur until the 90-day Billing Cycle has ended, at which time, you will be switched to a 30-day Billing Cycle.
If the attempt to charge/debit your preselected payment method fails, you may lose access to the Game when your Subscription expires until you resolve the issue. If you have lost access, your next Billing Cycle will begin on the date you successfully pay. We do not charge late fees or interest for access to the Game.
All charges related to the Game are non-refundable. Therefore, if you deactivate your Account and/or Subscription during a Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to play the Game until the Billing Cycle ends.
F. We do not process any payments under this EULA by ourselves. Any and all payments and/or refunds under this EULA will be arranged and processed by a third party (“Merchant of Record”, “MoR”). You may be required to create an account with such MoR, and by doing so, you are agreeing to comply with the MoR terms of service. You may need to provide additional information to verify your identity, business and tax information and your bank information when you register with the MoR. We do not control MoR Services, and are not liable for the above-mentioned and any other third-party services, for any transaction you may enter into with them or for what they do.
9. USER-GENERATED CONTENT
A. The use of the Game by Users may be resulted in the creation of user-generated content (hereinafter "UGC").
B. By creating UGC, You grant us, our licensors, licensees and any other persons designated by us a non-exclusive, royalty-free, worldwide, transferable license, for the duration of their term of protection, to use, reproduce, modify, adapt, execute, display, distribute and otherwise exploit and/or delete the UGC (or any portion thereof) in any manner we see fit. In addition, you grant a personal, non-transferable license to all other users of the Game to use the UGC when using the Game, including all rights to reproduce, distribute, display, execute or any other license rights necessary to use the UGC on a worldwide basis and for their term of protection.
C. You waive any moral rights that may apply to your UGC. For all countries that do not allow the waiver of moral rights, you consent to the use of your UGC in the Game or in the advertising and promotion of the Game, and agree that such use (or any related or ancillary use) does not constitute a violation of any of your intellectual property or moral rights.
D. By creating UGC, you declare that such UGC is not otherwise protected by copyright, moral rights, trademarks or other intellectual property rights, unless you are the owner of such rights or that you have a transferable license to such rights. In any and all cases, you declare that you have the right to generate such UGC without infringing upon the rights of a third party.
E. You also acknowledge that You shall not generate any prohibited content ("Prohibited Content"). Prohibited Content includes any Generated Content that violates the Code of Conduct and the rules set forth in this EULA and includes, but is not limited to, the following topics: nudity, hate speech, self-harm, dangerous organizations, bullying and harassment, violence and sexual exploitation, criminal activity, violence, and discussions about real-world politics or real-world religions.
F. We or our authorized partners reserve the exclusive and final right to review, delete, block, modify, move or disable UGC for any reason whatsoever with or without the prior notice.
G. If we at our sole discretion determine that UGC violates the provisions of this EULA, we may take steps to suspend, terminate or otherwise restrict a user from using the Game and/or the associated Game Account(s).
H. You agree to report any UGC that you believe is in violation of the provisions of this EULA.
10. TERM
A. This License is effective until terminated. End User may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parts. Licensor may unilaterally terminate this Agreement at any time for any or no reason. Upon such termination, all licenses granted herein shall immediately terminate including without limitation licenses to the Software Product and any Additional Services, any Licensor’s obligations will be redeemed, and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software Product from your device. The term of this EULA runs concurrently with the period during which the consumer uses and retains the Software Product. If the Software Product is transferred (to the extent allowed under this EULA), the license is transferred with it.
B. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Licensor to effect such termination.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product which have been downloaded onto your device.
11. INTELLECTUAL PROPERTY RIGHTS
A. As between you and Licensor, Licensor shall retain all right, title, and interest or licensing tights in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User.
B. You acknowledge Licensor’s exclusive rights in the Software Product and that the Software Product is unique and original to Licensor and that Licensor is owner or has licensing rights thereof. Unless otherwise permitted by law, End User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Licensor’s exclusive right and title to the Software Product or the validity thereof.
C. You shall not attempt to develop any Software Product that contains the “look and feel” of any of the Software Product.
D. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product, except to the extent allowed under any applicable law or allowed by the rule of the Game. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Licensor and shall be deemed the confidential information of Licensor.
12. EXPORT LAW ASSURANCES
You may not export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND LICENSOR’S AFFILIATES (COLLECTIVELY REFERRED TO AS “LICENSOR” FOR THE PURPOSES OF SECTIONS 11 AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE PRODUCT WILL ALWAYS BE AVAILABLE, THAT THE OPERATION OF THE SOFTWARE PRODUCT OR THE ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF IN-GAME CURRENCY AND VALUES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR DEFECT IN OR CAUSED BY THE SOFTWARE PRODUCT, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Licensor does not accept liability for: (1) any possible criminal actions committed by End User; (2) statements of the End User, made or published on the Forums and chats relating to the Game, or End User’s behavior in the Game, including the conduct, manner and ideology of the in-game characters, managed by the End User, actions of in-game characters in the Game, disrespect for other End Users and their in-game characters; (3) the loss of access means by the End Users to their in-game accounts (loss of login, password and other information required for participation to the Game); and (4) the loss of the End User’s in-game currency and values provided by the Game or purchased by End User.
C. IN ANY CASE, LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT (EXCLUDING THE AMOUNT PAID BY YOU TO GET IN-GAME CURRENCY) OR REPLACEMENT OF THE SOFTWARE PRODUCT WITH PRODUCT OF COMPARABLE RETAIL VALUE, AS LICENSOR MAY ELECT IN ITS SOLE DISCRETION; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, LICENSOR’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
15. DEFECTS AND SECURITY WARNING
A. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE PRODUCT.
B. WARNING: BY INSTALLATION AND/OR USE OF THE SOFTWARE PRODUCT, YOU MAY BE INSTALLING INTO YOUR UNIT SOFTWARE THAT IS ALLEGED OR MAY BE ALLEGED TO COMPROMISE THE SECURITY OF YOUR UNIT, ITS OPERATING SYSTEM AND FILES. IF AT ANY TIME YOU WISH TO DE-INSTALL THE SOFTWARE PRODUCT BECAUSE YOU BELIEVE THE SECURITY OF YOUR UNIT, OPERATING SYSTEM OR FILES MAY BE OR HAS BEEN COMPROMISED, YOU MAY NEED TO EXECUTE A SEPARATE ROUTINE TO DE-INSTALL THE FEATURE THAT MAY BE COMPROMISING YOUR SECURITY. DAMAGES YOU MAY RECOVER FOR ANY SUCH ALLEGED SECURITY BREACHES ARE SUBJECT TO THE LIMITATION OF LIABILITY AS SET FORTH HEREIN.
16. INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Licensor and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
17. GOVERNING LAW
A. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and Licensor agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiation commence upon written notice from one person to the other. Licensor will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to the Licensor's address at support@longtalegames.com. Notwithstanding the foregoing, you and Licensor agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes concerning the validity of any of Licensor’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
B. Governing Law and Dispute Resolution: This EULA will be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts-of-law rules and without giving effect to any principles that may provide for the application of the law of another jurisdiction. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be determined by final and binding arbitration in Los Angeles, California, before a single arbitrator. You and Licensor agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration shall be resolved by arbitration by one arbitrator (“Arbitrator”) in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, Applicable Law and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website at www.adr.org, and the provisions of these Terms. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be Los Angeles, California, USA. The cost of any arbitration shall be shared equally by the parties, but the Arbitrator shall be authorized to enter, as part of the award to a party, an amount equal to reasonable attorneys’ fees and other costs related to the arbitration, and, where appropriate, limited by the AAA Consumer Rules. The Arbitrator may award equitable relief. The Arbitrator’s decision(s) shall be final and conclusively binding on the Parties, and the judgment upon such award may be entered in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The Arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The Arbitrator must follow the Applicable Law, and any award may be challenged if the Arbitrator fails to do so. YOU AND LICENSOR AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The Arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
18. WAIVER & SEVERABILITY
A failure on the part of Licensor to act with respect to a breach by you or others of this EULA does not waive our right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
19. The Game may include certain software that is NOT developed by Long Tale Games LLC without limitation:
libogg, libtheora, libvorbis by Xiph Open Source Community
ljpeg by Thomas G. Lane
lmng by Gerard Juyn
lungif by Gershon Elber
lpng by Glenn Randers-Pehrson
zlib by Jean-loup Gailly and Mark Adler
tinyxml by www.sourceforge.net/projects/tinyxml
Bullet Continuous Collision Detection and Physics Library by Erwin Coumans
SMAA Algorithm by Jorge Jimenez, Jose I. Echevarria, Tiago Sousa, Belen Masia, Fernando Navarro and Diego Gutierrez
squish by Simon Brown
openssl - by The OpenSSL Project, license: http://www.openssl.org/source/license.html
libircclient by George Yunaev
mysql++ by Kevin Atkinson, MySQL AB and Educational Technology Resources, Inc
MariaDB by MariaDB Foundation, license: https://mariadb.com/kb/en/mariadb/mariadb-license/
FMOD by Firelight Technologies
Boost by Boost Open Source Community, license: http://www.boost.org/LICENSE_1_0.txt
ArcaneFX for Torque 3D by Faust Logic
CrashRpt library by Michael Carruth
Portions of The Game utilize SpeedTree® technology (©2015 Interactive Data Visualization, Inc.). SpeedTree® is a registered trademark of Interactive Data Visualization, Inc. All rights reserved.
20. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY LICENSOR
PRIVACY POLICY
Life is Feudal: MMO
April 24th, 2024
1. What Is This Privacy Policy About?
1.1 This privacy policy explains how we collect, use, share, transfer, and "sell" (for California residents) your personal data when you use the Software Product or Additional Services as they are defined in the End User License Agreement above (“Software and Services”) or otherwise interact with us; and your data privacy rights.
1.2 Personal data is any information about you by which you can be identified or be identifiable. This can include information such as: your name, email address, mobile number; information about your device (such as the IP address, which is a numerical code to identify your device that can provide information about the country, region or city where you are based); information relating to how you use and interact with our Software and Services.
1.3 When we refer to “personal data” in this policy, we are also referencing “personal information,” as it is defined under California law.
1.4 Sometimes our Software and Services may contain links to sites and services that are not part of our offerings. These sites and services should have their own privacy policies. If you follow a link to these sites and apps, you should read the privacy policy shown on their site.
2. The Types of Personal Data We Collect About You
2.1 We will only collect your personal data in line with applicable laws. We collect your personal data in various ways:
directly from you, when you download, play, use our Software and Services, when you browse our site, when you purchase certain Services;
personal data we generate about you (such as IP address, your geolocation data, information on how you interact with our services, your browsing history of the content you have visited on our site, including how you were referred to our site via other websites, details of your computer, mobile or other devices, for example, the unique device ID, unique vendor or advertising ID and browsers used to access our content);
personal data we collect from third parties, e.g. personal data that helps us to combat fraud or which we collect, with your permission, when you interact with your social media accounts.
3. Information We Receive From Other Sources About You
3.1 We may work with third parties, for example, business partners, sub-contractors for technical services, advertising networks, analytics providers and search information providers. If we receive information about you from them, we will always seek assurances that they are providing information to us in accordance with data protection laws and that they are transparent with you that they may share your data with us. We may use this information to update our records about you to keep them accurate.
4. How We Collect Personal Data?
4.1 We may collect personal data when you:
download, use, play, purchase our Software and Services;
attend our events;
enter our competitions and surveys;
post comments in our forum;
sign up for marketing communications;
use devices to access our content;
access and interact with our site;
when you contact us via email, user contact forms, social media, our site or when you mention us on social media;
Some personal data may be collected via cookies and similar technologies when you visit our web-site.
5. What Are Legal Basis And Purposes For The Processing?
5.1 Legitimate Interests. We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. We will not rent or sell personal information to anyone. Examples of when we rely on our legitimate interests to use your personal data include:
to analyse your experience and feedback with the Software and Services, so that we can understand how it is used and improve our content;
to keep you informed about new features, solicit your feedback, and just keep you up to date with what’s going on with our Software and Services;
for internal administrative purposes related to our Software and Services – such as our accounting and records;
to inform you of any changes to our Software and Services, such as updates;
to collect and log IP addresses to improve and manage our Software and Services;
enabling you to share our content with others using social media or email;
contacting you directly via social media or email if you send us emails, enter competitions or engage with us on social media or otherwise contact us;
when we respond to your queries and to resolve complaints;
for security and fraud prevention, and to ensure that our sites and apps are safe and secure and used in line with our terms of use.
5.2 Consent. Where consent is required for our use of your personal information, by ticking the appropriate consent box or otherwise communicating your consent (for example, by email), you consent to our use of that personal information for the purposes covered by the specific consent that you have given.
5.3 Compliance with law. In some cases, we may have a legal obligation to use or keep your personal data.
5.4 We may also use your personal data when carrying out automated decision-making and profiling for the purpose of identifying what information or news you might like to see from us, for example, by creating individual or group profiles.
6. What Are Our Security Standards?
6.1 We endeavor to protect your data by storing it on secure servers and by using technical and organizational security measures to safeguard your personal data and to reduce the risk of loss, misuse, and unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access controls. Please understand, however, that no system is perfect or can guarantee that unauthorized access or theft will not occur.
6.2 Transmission of information via the Internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee the security of data transmitted via the Website; any transmission is therefore at your own risk. Once we have received your personal information, we will use strict procedures and security features (as mentioned above) to try and prevent unauthorized access.
7. Who Will We Share Your Personal Data With?
7.1 We may share your data with the following categories of selected third parties in accordance with this privacy policy:
service providers (for example, IT services) that provide services on our behalf;
analytics and search engine providers that assist us in the improvement and optimization of the site;
law enforcement or regulatory agencies, or authorized third parties, where required by law, government, competent authorities or the courts or to establish, exercise or defend our legal rights, and for the purposes of preventing crime and fraud (for example, we may share personal data with our professional advisors, investigators, or credit reference agencies);
if you are going to one of our events hosted by an event partner, we may share your personal data with that partner for event administration purposes;
and if involved in an investment, merger, acquisition or sale of our organization or assets, personal data we hold may be shared with other parties to a transaction and their respective professional advisors.
7.2 These third parties who may receive your data will process that data for the purposes specified above and in accordance with applicable law (in addition to the purposes stated in this section). LTG will retain a list of the third parties with whom data is shared, which will be available upon request.
8. How Long Do We Store Your Data?
8.1 We will not store your personal data for longer than we need to use it in accordance with this policy. Unless we let you know otherwise (or you request we erase your personal data), we will keep your personal data while you are using our Software and Services or continue to wish to keep in touch with us.
9. What Are Your Rights?
9.1 You have the following rights with regard to your personal data (although these rights may be limited in some circumstances):
Access. You have the right to access data we hold about you. We may need you to verify your identity before we release any personal data to you, where necessary to do so.
Rectification or erasure. You have the right to request that we rectify or delete any personal data that we hold about you.
Restriction. You have the right to restrict your use of personal information in certain circumstances, including if the data is inaccurate, our use of the information is unlawful or if we no longer need to use the data for the purposes for which we hold it.
Objection. You have the right to object to the processing of your personal information in certain circumstances (including an absolute right to stop your data being used for direct marketing purposes).
Change of preferences. You can change your data processing preferences at any time.
Automated decision making. If you have any questions in respect of our automated decision-making processes or the accuracy of them, you can always contact us.
Data portability. You have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal data which you have provided to us and (b) if we are processing that data on the basis of your consent (such as your marketing preference information).
Complaints. If for any reason you are not happy with the way that we have handled your personal data, please contact us. If you are still not happy, you have the right to make a complaint to the supervisory authority. For example, you can also get in touch with the Information Commissioner’s Office: https://ico.org.uk/concerns (or if you live in a European country other than the UK, you can submit a complaint to the supervisory authority in your country).
9.2 To exercise any of the rights mentioned above, you may contact us via the contact details provided by our Software and Services.
10. What Are Your California Privacy Rights?
10.1 Under the California Consumer Privacy Act, California Civil Code Section 1798.100 you may contact us with regard to the following rights in relation to your personal data:
Right of Access: You have a right to request access to the personal data we may hold on you for the past twelve (12) months. You may submit up to two (2) requests per year of access to your personal data.
Right to Opt-In/Opt-Out of Sale of Personal Data: For individuals sixteen (16) years or older, you have the right to opt-out of sale of personal data we may hold on you.
Right to Deletion: You also have the right to ask us to delete personal data we may hold on you or restrict how it is used. There may be exceptions to the right to deletion for specific legal reasons which, if applicable, we will set out for you in response to your request.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your California Consumer Privacy Act rights.
10.2 If you want to make any of these requests, please, contact us via the contact details provided by our Software and Services. If you are a California resident, we will deal with requests for access to your personal data within forty-five (45) days for California-specific requests. If GDPR applies to you we will deal with your request within 30 days from the date when such request is received. We will notify you if we need some more time to proceed with your request (up to 60 days).
10.3 To help us respond as you expect, please specify that you are making a request under the California Consumer Privacy Act. We may need to request specific information from you to help us confirm your identity.
11. International Data Transfers
11.1 LTG is based in the United States, and we process and store information on servers located in the United States. We may store information on servers and equipment in other countries depending on a variety of factors, including the locations of our users and service providers.
11.2 When we transfer the personal data of users from the EEA, UK and/or Switzerland, we rely on the Standard Contractual Clauses approved by the European Commission, and the UK International Data Transfer Agreement or the UK Addendum approved by the Information Commissioner’s Office in the UK, for such transfers or other transfer mechanisms deemed ‘adequate’ under applicable laws. For more information on this, please contact us at support@longtalegames.com or via other contact method provided by our Services.
12. How You Can Protect Your Child's Information?
12.1 We do not knowingly collect information from children under the age of 18. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us via the contact details provided by our Software and Services.
13. Response Processing
We will try to promptly process your request regarding data privacy in the following manner:
13.1. In order to proceed with your request we will ask to verify your identity by a proof of your previous payment to us or from your payment system account or by email, which is linked to your previous payment in our system, by providing an ID or by other means within the applicable law. If we receive the request from your authorized agent, we may ask such an authorized agent to verify the authenticity and validity of the request as it is provided by the applicable law:
- To provide signed permission confirming the authority of the agent;
- To confirm the user's identity or provide Power of Attorney when applicable.
13.2. After the verification of your identity we will provide you with information on the action taken on a request without undue delay and in any event within 30 days of receipt of the request.
13.3. In case your erasure request to delete the information, we will not inform you about the result as we will remove your personal info including the original email.
13.4. Please note that in some exceptional cases we may suggest you send a request to a data processor directly due to instructions and agreements between such data processor and LTG.
13.5. If your response is considerably complex, or we have received a number of various requests from you at once, the above stated timeframe of answering to your request may be extended up to 2 months. We will directly notify you about such an extension before the due date of the response in the same manner as the request did.
Please note the response might be considered as a complex one upon the specific circumstances of that certain response. For example, if data is already electronically archived, or we need to clarify potential issues around disclosing information about a child to a legal guardian, or obtain specialist legal advice.
13.6. In exceptional cases, we may charge you a reasonable fee for the administrative costs of request processing when the request is manifestly unfounded or excessive or the request is unreasonably duplicative.
13.7.We keep records about privacy requests for no more than 24 months and up to 5 years due to applicable legislation (except the erasure requests) in order to comply with certain requirements.
14. Privacy Settings
14.1 You can at any time change your privacy settings using your personal Privacy settings tool at our Software and Services, including but without limitation the “Do Not Sell My Personal Data” setting.
15. Changes To This Privacy Policy
15.1 LTG may change this privacy policy from time to time at its sole discretion. If so, LTG notifies the users of the site about these changes by a pop-up line on the website.