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END USER LICENSE AGREEMENT: Last Updated: 12/13/2021
This End User License Agreement (“EULA” and/or “Terms”) governs your use of the Five Nights at Freddy’s Security Breach video game and all of its future updates and expansions (the “Game”). The term “Company” shall refer to Steel Wool, Inc., and its affiliates, licensors (including without limitation Scottgames, LLC and/or Scott Cawthon) and other related entities, and each of their successors, assigns, officers, members, employees, attorneys and agents. The terms “You”, “you”and/or “User” shall refer to the customer, player and/or other viewer using the Game, and his/her/its heirs, related entities, successors, assigns, shareholders, directors, officers, members, employees and agents.
You should read this EULA carefully before using the Game. By downloading or accessing the Game, any components of the Game, and/or playing the Game in any format (the preceding activities, collectively, “Engagement”), you agree to be bound by this EULA, and any other Game policy or notice (collectively, the “Agreement”). By Your Engagement with the Game, you confirm that you are of requisite legal age in the jurisdiction where you live. [If you are a minor, or below the age of majority in your country, you may not Engage with the Game until these Terms have been reviewed and agreed to by your legal guardian. Your Engagement with the Game is your verification that these Terms have been reviewed and approved by Your legal guardian.]
PLEASE READ THE AGREEMENT CAREFULLY, AS IT CONTAINS INFORMATION CONCERNING YOUR LEGAL RIGHTS AND LIMITATIONS, AS WELL AS THE APPLICABLE LAW AND JURISDICTION RELATING TO DISPUTES ARISING FROM THIS AGREEMENT AND/OR THE GAME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE GAME AND MUST EXIT THE GAME DOWNLOAD PAGE, OR EXIT AND DELETE THE GAME ITSELF, IMMEDIATELY.
HEALTH WARNINGS
WARNING: GAME CONTAINS JUMP-SCARES AND FRIGHTENING SCENARIOS
The Game is a thrilling, nightmarish, video game. Please ensure You stay hydrated and take regular breaks. You also acknowledge and accept that the Game is designed to be frightening and contains gameplay where the player or audience is surprised by an abrupt change in an image or event, typically combined with a frightening sound, commonly known as a “jump-scare”. You assume the risk of this frightening gameplay.
It is important that you consider your health prior to using the Game, and that you consult your physician before using the Game if You have any concerns. In particular, You should consult your physician before using the Game if You suffer from any heart condition or other medical condition.
WARNING: PHOTOSENSITIVITY/EPILEPSY SEIZURES
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a screen or when playing video games may trigger epileptic seizures or blackouts in these individuals. These conditions may trigger previously undetected epileptic symptoms or seizures in persons who have no history of prior seizures or epilepsy. If You, have an epileptic condition or have had seizures of any kind, consult your physician before using the Game.
IMMEDIATELY DISCONTINUE use and consult your physician before resuming gameplay if You experience any of the following health problems or symptoms:
• Dizziness
• Altered vision
• Eye or muscle twitches
• Loss of awareness
• Disorientation
• Seizures or
• Any involuntary movement or convulsion
DO NOT RESUME GAME PLAY WITHOUT FIRST GETTING THE APPROVAL OF YOUR PHYSICIAN.
Company recommends the following use and handling of Game to reduce the likelihood of a seizure:
• Play in a well-lit area and keep as far away as possible from the screen.
• Avoid large screens. Use the smallest screens available.
• Avoid prolonged use of the Game.
• Take a 15-minute break during each hour of play.
• Avoid playing when You are tired or need sleep.
Note that none of the above recommendations may be taken or considered as medical advice, and none of the above should replace or override the advice of a physician. Stop using the system immediately if You experience any of the following symptoms: lightheadedness, nausea, or a sensation similar to motion sickness, discomfort or pain in the eyes, ears, hands arms, or any other part of the body. If the condition persists, consult a doctor.
If you are a minor or below the legal age of majority in your country, please have these health and safety concerns checked by your legal guardian prior to using the Game.
GENERAL DISCLAIMER
Without limitation, the Company undertakes no obligation to update or maintain the Materials (as defined below) and other information contained within the Game. Furthermore, the Company takes no responsibility for any communications posted by any Game User or in any forums relating to the Game or communications made through the Game. You acknowledge and agree that your Engagement with the Game, including, without limitation, downloading, playing, commenting on and reviewing content of the Game, is at Your own risk. You must use caution and are responsible for the inherent risks in dealing with other Users or third parties, whose identities have not been verified, may be under age, may be acting under false pretenses or may be attempting to defraud others. You agree to accept and assume such risks and acknowledge that the Company is not responsible for the acts or omissions of other Users.
If you are dissatisfied with any aspect of the Agreement, your sole and exclusive remedy is to discontinue Engagement with the Game. Finally, by your Engagement with the Game, you also stipulate that any violation of the Agreement will result in irreparable harm to the Company not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
Please note that the Company retains the right to change the content of the Game, these Terms and/or the Agreement in its sole discretion at any time, without notice. Any such changes shall be effective immediately upon posting. Your continued Engagement with the Game constitutes acceptance of those changes. Be sure to return to this page periodically to review the most current version of the Agreement, noting the “Last Updated” date indicated.
EPIC GAMES, INC. DISCLAIMERS AND LIMITATION OF LIABILITY
Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Company and Epic. Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to, loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with these Terms or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Company, Epic, Epic’s licensors, its and their affiliates, and any of Company’s or Epic’s service providers shall be limited to the full extent permitted by law.
LICENSE AND ACCESS
Subject to your compliance with the Agreement, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access, download and install a copy of the Game to a computer system or game console and to run such copy of the Game solely for your own personal, non-commercial purposes (the “Permitted Use”). This license does not include any resale or commercial use of any service and/or contents provided by the Game. You are not permitted to:
• download, modify, copy, reproduce, republish, upload, post, transmit, sell, offer for sale or distribute, in any way any portion of the Game or Game’s content, any photographs, text, software, pictures, graphics, articles, columns, postings, video clips, audio clips, digital downloads, data, messages, contents or other information contained in the Game (collectively, the “Materials”);
• create any derivative works based on the Materials or the Game, except as specifically allowed under these Terms;
• frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of the Company without express written consent; or
• make the functionality of the Game available to multiple users through any means.
All rights not expressly granted to you in this Agreement are reserved and retained by the Company and/or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted herein terminate immediately if you do not comply with the Agreement.
MAKING PURCHASES
In purchasing the Game from Company, you may be asked to supply certain information including credit card or other payment information. You agree that all information you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other payment mechanisms at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
VIRTUAL GOODS
The Game may, from time to time, feature virtual goods. Virtual goods include, but are not limited to, virtual items (characters, levels, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game or Company may allow you to “purchase” Virtual Goods with real or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods (such as virtual currency) purchased on third party platforms such as, but without limitation, Steam, PlayStation, or Xbox will be subject to those platforms’ terms and conditions. Please review those platforms’ terms and conditions for further information before completing your purchase. Company does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and Company is not a party to the transaction.
Virtual Goods are licensed to You, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. Company may terminate your license at any time and at our sole discretion.
Company has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and Company shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for real money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by these Terms or otherwise permitted in the gameplay.
All purchases of Virtual Goods, whether made with real money or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from Company at any time.
Company reserves the right to modify the price for Virtual Goods that may be purchased at any time and the retail price for Virtual Goods does not need to be linear.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of the Agreement for any reason, weather such termination was voluntary or involuntary, except as required by law.
RESTRICTIONS ON USE OF GAME
You may NOT, without the express prior written authorization of the Company:
(a) utilize any information that you gain as a result of using the Game to illegally or improperly violate another person’s or entity’s privacy rights;
(b) utilize the Game in regard to any commercial activities, advertising or sales without the prior written consent of the Company, which may withheld for any reason in the Company’s sole discretion;
(c) buy, sell, share or otherwise disseminate any other User’s username, password or other personal information;
(d) manipulate aspects of the Game in a manner so as to try to disguise content developed by third parties;
(e) transmit any material, non-public information about any person or entity without the proper authorization to do so;
(f) restrict any other user from properly using the Game, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Game and its underlying programs;
(g) upload or disseminate any viruses, worms, Trojan horses or other harmful or malicious code to the Game;
(h) Engage with the Game if you are temporarily or indefinitely suspended from the Game;
(i) Engage with the Game to initiate or further any illegal activity, which includes but is not limited to, the sale of stolen goods or money laundering;
(j) revise, modify, reverse engineer or in any way alter any portion of the Game or its contents;
(k) “frame” or “mirror” any part of the Game;
(l) utilize any device to enable you to circumvent the structure of the Game and/or spam or flood the Game;
(m) duplicate, create derivative works of or otherwise violate the copyright of this Game or the Company, except as explicitly and narrowly permitted under these Terms;
(n) utilize any of the Company’s trademarks as metatags on other mobile applications or websites or otherwise use the Company’s trademarks for your own advertising or pecuniary gain, including without limitation, utilization as Google® AdWords;
(o) utilize the Game in an unauthorized manner or in a manner which violates any legal or regulatory proscription or requirement, any third party rights or the policies outlined in these Terms and/or the Agreement;
(p) utilize the Game in a manner that is harmful to the Company or any other person or entity;
(q) utilize the Game or any information provided on the Game illegally or improperly and/or to violate the privacy rights or any other rights of the Company or any third party;
(r) remove, alter or amend any copyright or other proprietary notices from this Game;
(s) infringe upon the intellectual property rights of the Company or a third party;
(t) circumvent any encryption or other security tools used anywhere on this Game;
(u) sell or otherwise transfer your User Account;
(v) collect or store any information about Users of the Game;
(w) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use or otherwise assign to any third party any of your rights to access and otherwise Use the Game or services as granted in these Terms; and
(x) use any robot, spider or other intelligent agent software or device to access or monitor the Game in any manner.
Furthermore, you agree to cooperate with the Company in preventing any unauthorized Use of the Game. If you recognize or incur any problems using the Game, any violations of these Terms or any offensive content, please contact the Company at support@steelwoolgames.com.
ABUSE OF THE GAME
In addition to Company’s other rights to terminate your Use of the Game, and without limitation, if, in the Company’s sole discretion, it determines that you are creating potential liabilities, or acting inconsistently with these Terms, the Company may, without limitation, prohibit access to the Game, terminate any licenses or other agreements in place between the Company and you, and take technical and legal steps to keep you off the Game. Users may identify abuse of the Game and notify Company of the same. Notwithstanding the foregoing, you otherwise acknowledge and agree that this is in the Company’s sole discretion and that it shall not be obligated to do so. Company reserves the right to investigate and take appropriate legal action against any violation of this EULA. All Users agree to cooperate in this investigation regardless of whether it is related to User content posted by him or relating to another, unrelated user. Notwithstanding the foregoing, you acknowledge and agree that Company can terminate your right to Engage with this Game or any portion thereof at will, without notice, in the Company’s sole discretion and without cause.
You acknowledge and agree that the Company shall not be liable to you or to any other person or entity for any claims related to the termination or suspension of your or any other party’s Engagement with the Game. You hereby make the material representations, upon which you agree the Company may and will rely: (i) you are at least twelve years old and are either of the age of majority in the State from where you are accessing this Game or have your parent or guardian’s permission to agree to these Terms; (ii) you are a resident of the United States; (iii) you are authorized to view and provide information on the Game; (iv) if Engaging with the Game on behalf of an organization, that you have authority to bind the organization to these Terms.
SUBMISSIONS
The Company welcomes your feedback. However, please be aware that by submitting content to the Company by e-mail, comments and/or messages through the Game or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant the Company and its affiliates a nonexclusive, fully paid, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and/or publicly display such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission, if the Company so chooses. You acknowledge that the Company shall not be obligated to provide attribution of your comments or reviews, but that it may do so in its discretion and without any compensation to you. You further acknowledge and agree that Submissions are non-confidential and non-proprietary. Additionally, you acknowledge that the Company is free to use and/or exploit Submissions, including without limitation, ideas for a potential business model, or modifications thereto, in whole or in part, through any means, and the Company shall not owe any compensation to you or any third party relating to the same.
UPDATES
If Company elects to provide you with additional functionalities or capacities for the Game by way of Updates (as defined below), this Agreement shall be extended to those updates. Subject to the conditions set forth herein, you hereby acknowledge and assume the risk of obtaining the integration of such future legal or technical requirements into your updated version of the Game.
While the Company may provide you with updates, including without limitation, any new releases or versions of the current or then-current Game, hot fixes, patches, installation, setup, and maintenance services as they become available, or as necessary to comply with applicable laws, regulations and/or compliance requirements (collectively, the “Updates”), Company shall not be required to do so. UPDATES OF THE GAME MAY BE SUBJECT TO CHANGED SYSTEM REQUIREMENTS AND MAY REQUIRE THE INSTALLATION OF PRECEDING UPDATES, THIRD PARTY COMPONENTS AND/OR ADDITIONAL OR CHANGED HARDWARE. Moreover, Company may offer upgraded versions of the Game in the future, but has no obligation to provide them to you pursuant to this Agreement. Furthermore, Company may charge additional fees with respect to any Updates or upgrades provided and/or offered by Company, as determined in Company’s sole discretion, even if those Updates are mandatory and required to properly use the Game.
In the event that Company elects to provide you with an Update to the device or application utilized to access the Game, you acknowledge that you must install it, as the same is mandatory. You represent and warrant, covenant and agree, with the intent that Company rely thereon that you will immediately install and finalize these Updates as required by Company in its sole discretion.
You acknowledge and agree that Company has the right to make any maintenance or Update mandatory and automatically provide you with same.
IMPORTANT: COMPANY MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN YOUR ENGAGEMENT WITH THE GAME AND MAY AFFECT SAVED FILES, CHARACTERS, GAMES, GROUPS, VIRTUAL GOODS OR OTHER GAMEPLAY ELEMENTS UNDER YOUR CONTROL, AND YOU MAY TEMPORARILY OR PERMANENTLY LOSE ACCESS TO SOME OR ALL OF THEM. COMPANY RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
THIRD-PARTY SOFTWARE
The Game may require third-party components in order to work properly, including, but not limited to operating systems and hardware. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS WITH THOSE THIRD-PARTIES. You may be required to accept these additional license agreements in order to meet the software system requirements. These system requirements may be supplemented or modified by Company at its discretion. You acknowledge that you are solely responsible for obtaining, installing, maintaining and operating any third party components and its use of the same are AT YOUR OWN RISK. The same may be governed by additional agreements. Nothing herein shall be deemed to constitute an endorsement by Company of third party components. Company makes no representations or warranties with respect to, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any such third party components.
COPYRIGHTS
The Materials and the Game as a whole are copyrighted by the Company, its affiliates and/or its licensors; and are owned by or licensed to the Company or the use of which is otherwise authorized by law (e.g., as a fair use). Moreover, the Materials, and the Game as a whole, constitute a collective work or compilation under United States Copyright laws and other laws. You must abide by, and maintain, all copyright notices, information or restrictions contained in or attached to any Material. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Game, including, without limitation, any of the Materials, without the Company’s prior written consent. The Company is not responsible for content on Game operated by parties other than the Company.
If you are aware of an infringement of the Company’s brand, please notify the Company by sending an e-mail to: support@steelwoolgames.com.
TRADEMARKS
Certain names, logos and materials displayed on the Game, including without limitation “Five Nights at Freddy’s: Security Breach” and “Five Nights at Freddy’s,” constitute trademarks, trade names, service marks or logos of the Company or other related entities ("Marks"). You are not authorized to use any such Marks or any variations thereof. Ownership of all such Marks and the goodwill associated therewith remains with the Company or other related entities.
COOKIES
The Company hereby notifies you and you hereby acknowledge and agree that the Company may utilize “cookies” in connection with the operation of the Game. You agree that such cookies may be placed on your computer or mobile device, in connection with your access to, and other Engagement with, the Game.
DISCLAIMER
You explicitly agree that your Use of the Game is at your own and sole risk. THE GAME AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. The Company does not make any representations or warranties that the Game will operate in a timely, secure or error free manner; nor does the Company make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Game or any of the materials contained therein. The Game may be modified at any time with or without reason and with or without notice to you, without liability to you or any third party. Furthermore, the Game does not contain any warranties and the Company does not make any warranty as to the results that may be obtained from the Engagement with the Game. You also understand and agree that any material and/or data downloaded for Engagement with the Game is done at your own discretion and risk. You will be solely responsible for any damage to your console or computer operating system or loss of data that results from the download of such material and/or data. You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Company makes no warranty regarding any use or disclosure of confidential or private information you may provide. The Game is a work of fiction. Names, characters, businesses, places, events, locales, and incidents are used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental. The Company may change any of the Terms found on the Game at any time, without notice. The Company makes no commitment to update or keep current the information found on the Game. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THESE TERMS, IF ANY, ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO YOUR USE OF THE GAME. THERE ARE NO OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN YOU AND THE COMPANY OR BY OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCLAIMED. Some jurisdictions do not allow the elimination of certain warranties, and thus, one or more of the above exclusions may not apply to you. However, this shall be limited and only those prohibited by that jurisdiction shall be excluded and severed from the remainder of the other warranties, limitations and exclusions which shall remain in full force and effect to the maximum extent permitted by law.
Under no circumstances shall the Company be responsible for any loss or damage, including, without limitation economic loss, including property damage, emotional distress, other personal injury or death resulting from the Use of the Game, information relayed herein or otherwise relating to your conduct, or that of any other users, whether online or offline. By accepting these Terms and using the Game, You acknowledge that You assume any and all risks associated with the Use of the Game.
LIMITATION OF LIABILITY
THE COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, CONSOLE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ENGAGEMENT WITH, ACCESS TO, USE OF, OR BROWSING OF THE GAME, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE GAME. EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, PROPERTY DAMAGE, EMOTIONAL DISTRESS, PERSONAL INJURY, OR DEATH), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS GAME OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS GAME FOR COMMUNICATING WITH OTHER USERS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. NOTWITHSTANDING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AGGREGATE LIABILITY OF THE COMPANY TO YOU WILL BE LIMITED TO AND NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE GAME. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND ANY MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES OR AGENTS OF ANY OF THE FOREGOING (COLLECTIVELY, “INDEMNIFIED PARTIES”) WITH RESPECT TO ANY CLAIM, DEMAND, CAUSE OF ACTION, DEBT, LIABILITY, DAMAGES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES OF THE INDEMNIFIED PARTIES’ SELECTED ATTORNEY(S), RELATING, DIRECTLY OR INDIRECTLY, TO (I) YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS; (II) YOUR USE OF THE GAME AND/OR ANY AFFILIATE LINK, ADVERTISEMENT OR LINKED GAMES; AND/OR (III) ANY ACT OR OMISSION ON YOUR PART.
RELEASE
BY ENGAGING WITH THE GAME, YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS WHICH YOU MAY HAVE AGAINST THE COMPANY, AND ITSANY OF THE INDEMNIFIED PARTIES, AND THEIR AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (THE “RELEASED PARTIES”) ARISING FROM OR BASED OUT OF ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OR PLAYING OF THE GAME AND ANY AND ALL GOODS AND SERVICES RELATED THERETO. YOU FURTHER WAIVE, RELEASE AND GIVE UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION DIRECTLY OR INDIRECTLY RELATED TO THE USE OF THE GAME. WITHOUT LIMITATION, YOU FURTHER UNCONDITIONALLY AND IRREVOCABLY FOREVER RELEASE, DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, UNLESS REQUIRED TO BE PROVIDED BY STATUTE), INCLUDING, WITHOUT LIMITATION, THOSE BASED ON SLANDER, LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, PERSONALITY AND/OR CIVIL RIGHTS, DEPICTION IN A FALSE LIGHT, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, PERSONAL INJURY, COPYRIGHT OR TRADEMARK INFRINGEMENT AND/OR ANY OTHER TORT AND/OR DAMAGES ARISING FROM OR IN ANYWAY RELATING TO YOUR USE OF THE GAME OR ANY OF THE PRODUCTS AND SERVICES OFFERED THEREIN. THIS FURTHER INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES’ POLICIES, PRACTICES OR PROCEDURES; AND/OR (III) ANY FEDERAL, STATE OR LOCAL STATUTES OR REGULATIONS. BY UTILIZING THE GAME, YOU ASSUME ALL RISK, AND AGREE TO THESE TERMS WITH REGARD TO ALL OF THE INFORMATION THAT YOU SUBMIT VIS-À-VIS THE WEBSITE. If you are a California resident, you hereby waive California Civil Code § 1542, which states: “
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You hereby acknowledge, agree and stipulate that this waiver is being made consciously and with full understanding of the rights that you may be giving up.
Notwithstanding any termination of your access to the Game, you acknowledge and agree that your representations and obligations, as well as the disclaimer of warranties, limitation of liability and release of liability hereunder shall survive and continue in perpetuity.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND ANY MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES OR AGENTS OF ANY OF THE FOREGOING (COLLECTIVELY, “INDEMNIFIED PARTIES”) WITH RESPECT TO ANY CLAIM, DEMAND, CAUSE OF ACTION, DEBT, LIABILITY, DAMAGES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES OF THE INDEMNIFIED PARTIES’ SELECTED ATTORNEY(S), RELATING, DIRECTLY OR INDIRECTLY, TO (I) YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS; (II) YOUR USE OF THE GAME AND/OR ANY AFFILIATE LINK, ADVERTISEMENT OR LINKED GAMES; AND/OR (III) ANY ACT OR OMISSION ON YOUR PART.
CHOICE OF LAW; JURISDICTION
THE COMPANY AND YOU EACH AGREE THAT THIS AGREEMENT IS MADE AND DELIVERED IN, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS . (WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS OF THE STATE OF TEXAS OR ANY OTHER STATE). THE COMPANY AND YOU EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF THE STATE OF CALIFORNIATEXAS FOR ANY ACTION, PROCEEDING OR INVESTIGATION IN ANY COURT OR BEFORE ANY GOVERNMENTAL AUTHORITY (A “LITIGATION”) FOR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE GAME, AS WELL AS ANY OTHER CLAIMS OR DEFENSES DIRECTLY OR INDIRECTLY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT AND/OR THE GAME (AND AGREES NOT TO COMMENCE ANY LITIGATION RELATING THERETO EXCEPT IN SUCH COURTS). THE COMPANY AND YOU ALSO BOTH AGREE THAT YOU OR THE COMPANY MAY BRING SUIT IN ANY COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. THE JURISDICTION PROVISION WITHIN THIS SECTION SHALL NOT BE DEEMED TO PROHIBIT SUCH ACTION.
THE COMPANY AND YOU BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO AGREE THAT ANY LITIGATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND YOU WILL NOT LITIGATE IN COURT ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
ASSIGNMENT
Company may freely assign its rights and obligations in and to this EULA. You acknowledge that you may not assign, transfer or sell your rights under this EULA without Company’s express written consent, which may be unreasonably withheld. Any purported assignment without Company’s express written consent shall be deemed null and void and shall constitute a breach of these Terms.
ATTORNEYS’ FEES
In the event of any dispute between the any of the Indemnified Parties and you, wherein any of the Indemnified Parties exercises its rights or defends itself from claims asserted by you, including without limitation, in any dispute relating to Federal, state or local statute, regulation or ordinance, tort claims, or any actions to enforce these Terms, the Indemnified Parties will be entitled to recover from you, and you hereby agree to pay, any and all attorneys’ fees and any costs incurred in connection with the same (including transcription, translation, and expert witness fees whether or not resulting in the institution of proceedings, including without limitation, both actual pre-judgment and post-judgment attorneys’ fees and costs and attorneys’ fees and costs of settlement if no proceeding is instituted), in addition to any other relief at law or in equity to which such party may be entitled. In such event, the Indemnified Parties shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings. In furtherance of these rights, and without limitation, you acknowledge and agree that the Indemnified Parties shall be entitled to recoup their attorneys’ fees and shall have a viable claim for the same even if they have not established damages other than the incurrence of those fees resulting from the enforcement of these Terms. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU INTEND TO BE BOUND TO THE WITHIN ALLOCATION OF ATTORNEYS’ FEES, WHICH SHALL APPLY IN LIEU OF ANY RIGHTS THAT YOU MAY HAVE UNDER TEXAS LAW OR ANY OTHER LAW. WITHOUT LIMITATION, TO THE GREATEST EXTENT ALLOWED BY LAW, YOU SPECIFICALLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER TEXAS CIVIL PRACTICE AND REMEDIES CODE SECTION 38.
LIMITATION ON USE BY MINORS
THE GAME IS RECOMMENDED FOR USE BY AGES TWELVE AND OLDER.
The Company does not collect personal information from Users. For the purposes of the Children’s Online Privacy Protection Act (“COPPA”), personal information is defined as follows:
• full name;
• home or other physical address, including street name and city or town;
• online contact information like an email address or other identifier that permits someone to contact a person directly (i.e., an instant messenger identifier, or video chat identifier);
• screen name or user name where it functions as online contact information;
• telephone number;
• Social Security number;
• a persistent identifier that can be used to recognize a user over time and across different sites, including a cookie number, an IP address, a processor or device serial number, or a unique device identifier;
• a photo, video, or audio file containing a child’s image or voice;
• geolocation information sufficient to identify a street name and city or town; or
• other information about the child or parent that is collected from the child and is combined with one of these identifiers.
If you are a parent and believe the Company may have inadvertently collected information from your child who is under the age of thirteen (13), please notify the Company immediately by sending an email to support@steelwoolgames.com. Moreover, you should be aware of the fact that some console and computer system download platforms have parental control protections that may assist you in limiting access to material that it considers to be harmful to minors. However, as otherwise set forth herein, the Company does not accept any liability for the products and services provided by any third parties.
COMMUNICATIONS
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE COMPANY MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY WITH REGARD TO ANY COMMUNICATION MADE BY OR THROUGH THE GAME TO THE COMPANY. The Company specifically reserves the right, and you hereby authorize the Company, to monitor transmissions over the Game and its related networks for maintenance, service, quality control assurance or any other purpose permitted by the Electronic Communications Privacy Act, 18 U.S.C. §2701, et. seq. The Company takes no responsibility for information sent to it that is intercepted by third parties.
Any communications, including, without limitation, emails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise to the Company or any of its officers, employees or agents shall become the Company’s property upon the transmission of the same. You grant the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge
NOTICES
Any and all notices or other communications that are to be given to the Company under this Agreement must be in writing, which shall be given by delivery to support@steelwoolgames.com. Notices to the Company shall be deemed effective twenty-four (24) hours after the message was sent, so long as no “System Error” message or other notice of non-delivery is generated. Notices to you, including but not limited to service of process initiating any proceeding related to this Agreement, if any, shall be provided by the Company via email or any other address which the Company reasonably believes to be associated with you, or by posting said notice on the Game. Notice shall be deemed effective upon delivery of the same. By accessing and/or using the Game, you acknowledge and agree that you are communicating with the Company electronically, and consent to receive communications from the Company electronically. You acknowledge and agree that all agreements, notices, disclosures, and/or other communications that the Company may provide to you electronically are effective; satisfy any legal requirement that such communications be in writing; and shall be deemed delivered to you. Without limitation, you specifically waive any objection or challenge respecting service of process so long as such documents and notices are delivered pursuant to the terms of this section.
INTERNATIONAL USE
In light of the international scope of the Internet, you agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, User acknowledges and agrees that it shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which the User may reside. Furthermore, the Company may determine, in its sole discretion, whether or not to implement geo-blocking on Users or other similar restrictions.
MISCELLANEOUS
You acknowledge and agree that this Agreement constitutes the entire agreement between the Company and you, hereto relating to the subject matter hereof, and any prior agreements, understandings, representations and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect. Company reserves the right to amend these Terms. If Company chooses to do so, Company will make reasonable efforts to alert You as to the amended Terms. If You do not agree with the amended Terms, You must stop your Use of the Game. If You continue to Use the Game after the amended Terms have been adopted, it shall be construed that you agree to the amended Terms in their entirety. If any provision of the Agreement is prohibited or otherwise unenforceable in a jurisdiction where it is being enforced: (a) it shall be nevertheless enforced to the fullest extent allowed by that prevailing law; and (b) all other provisions of this Agreement shall remain in full force and effect and shall not be invalidated or rendered unenforceable. You agree that neither this Agreement nor your Use of the Game creates a joint venture, agency, partnership, or employment relationship between you and the Company and/or affiliates. The Agreement is not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. For the avoidance of doubt, any party that is subject to being indemnified under this Agreement shall be an intended third party beneficiary to this Agreement. You promise to perform all further acts and execute all supplementary instruments or documents that may be requested by the Company to carry out the provisions and effectuate the intent of this Agreement. The Company’s failure to enforce any term, provision or condition of these Terms and/or the Agreement, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver. You specifically acknowledge that you have not accepted these Terms on reliance of any representations or other promises of the Company, which are not specifically included herein. You specifically stipulate that these Terms do not constitute a contract of adhesion. The gender terms in these Terms shall apply equally to either gender. The headings in these Terms shall have no force and effect. By using the Game, you agree that you have had the opportunity to review the terms of the Agreement with counsel of your choosing, if you wished to do so. You further acknowledge that you have thoroughly read these terms and conditions; that you are giving up certain legal rights that may otherwise exist; have asked any questions you desire to clarify its meaning; and believe it is in your interest to nevertheless proceed. Any rights not expressly granted herein are reserved.
If you have any questions or concerns about this Agreement, please do not download or Use the Game and kindly contact the Company at support@steelwoolgames.com.
This End User License Agreement (“EULA” and/or “Terms”) governs your use of the Five Nights at Freddy’s Security Breach video game and all of its future updates and expansions (the “Game”). The term “Company” shall refer to Steel Wool, Inc., and its affiliates, licensors (including without limitation Scottgames, LLC and/or Scott Cawthon) and other related entities, and each of their successors, assigns, officers, members, employees, attorneys and agents. The terms “You”, “you”and/or “User” shall refer to the customer, player and/or other viewer using the Game, and his/her/its heirs, related entities, successors, assigns, shareholders, directors, officers, members, employees and agents.
You should read this EULA carefully before using the Game. By downloading or accessing the Game, any components of the Game, and/or playing the Game in any format (the preceding activities, collectively, “Engagement”), you agree to be bound by this EULA, and any other Game policy or notice (collectively, the “Agreement”). By Your Engagement with the Game, you confirm that you are of requisite legal age in the jurisdiction where you live. [If you are a minor, or below the age of majority in your country, you may not Engage with the Game until these Terms have been reviewed and agreed to by your legal guardian. Your Engagement with the Game is your verification that these Terms have been reviewed and approved by Your legal guardian.]
PLEASE READ THE AGREEMENT CAREFULLY, AS IT CONTAINS INFORMATION CONCERNING YOUR LEGAL RIGHTS AND LIMITATIONS, AS WELL AS THE APPLICABLE LAW AND JURISDICTION RELATING TO DISPUTES ARISING FROM THIS AGREEMENT AND/OR THE GAME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE GAME AND MUST EXIT THE GAME DOWNLOAD PAGE, OR EXIT AND DELETE THE GAME ITSELF, IMMEDIATELY.
HEALTH WARNINGS
WARNING: GAME CONTAINS JUMP-SCARES AND FRIGHTENING SCENARIOS
The Game is a thrilling, nightmarish, video game. Please ensure You stay hydrated and take regular breaks. You also acknowledge and accept that the Game is designed to be frightening and contains gameplay where the player or audience is surprised by an abrupt change in an image or event, typically combined with a frightening sound, commonly known as a “jump-scare”. You assume the risk of this frightening gameplay.
It is important that you consider your health prior to using the Game, and that you consult your physician before using the Game if You have any concerns. In particular, You should consult your physician before using the Game if You suffer from any heart condition or other medical condition.
WARNING: PHOTOSENSITIVITY/EPILEPSY SEIZURES
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a screen or when playing video games may trigger epileptic seizures or blackouts in these individuals. These conditions may trigger previously undetected epileptic symptoms or seizures in persons who have no history of prior seizures or epilepsy. If You, have an epileptic condition or have had seizures of any kind, consult your physician before using the Game.
IMMEDIATELY DISCONTINUE use and consult your physician before resuming gameplay if You experience any of the following health problems or symptoms:
• Dizziness
• Altered vision
• Eye or muscle twitches
• Loss of awareness
• Disorientation
• Seizures or
• Any involuntary movement or convulsion
DO NOT RESUME GAME PLAY WITHOUT FIRST GETTING THE APPROVAL OF YOUR PHYSICIAN.
Company recommends the following use and handling of Game to reduce the likelihood of a seizure:
• Play in a well-lit area and keep as far away as possible from the screen.
• Avoid large screens. Use the smallest screens available.
• Avoid prolonged use of the Game.
• Take a 15-minute break during each hour of play.
• Avoid playing when You are tired or need sleep.
Note that none of the above recommendations may be taken or considered as medical advice, and none of the above should replace or override the advice of a physician. Stop using the system immediately if You experience any of the following symptoms: lightheadedness, nausea, or a sensation similar to motion sickness, discomfort or pain in the eyes, ears, hands arms, or any other part of the body. If the condition persists, consult a doctor.
If you are a minor or below the legal age of majority in your country, please have these health and safety concerns checked by your legal guardian prior to using the Game.
GENERAL DISCLAIMER
Without limitation, the Company undertakes no obligation to update or maintain the Materials (as defined below) and other information contained within the Game. Furthermore, the Company takes no responsibility for any communications posted by any Game User or in any forums relating to the Game or communications made through the Game. You acknowledge and agree that your Engagement with the Game, including, without limitation, downloading, playing, commenting on and reviewing content of the Game, is at Your own risk. You must use caution and are responsible for the inherent risks in dealing with other Users or third parties, whose identities have not been verified, may be under age, may be acting under false pretenses or may be attempting to defraud others. You agree to accept and assume such risks and acknowledge that the Company is not responsible for the acts or omissions of other Users.
If you are dissatisfied with any aspect of the Agreement, your sole and exclusive remedy is to discontinue Engagement with the Game. Finally, by your Engagement with the Game, you also stipulate that any violation of the Agreement will result in irreparable harm to the Company not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
Please note that the Company retains the right to change the content of the Game, these Terms and/or the Agreement in its sole discretion at any time, without notice. Any such changes shall be effective immediately upon posting. Your continued Engagement with the Game constitutes acceptance of those changes. Be sure to return to this page periodically to review the most current version of the Agreement, noting the “Last Updated” date indicated.
EPIC GAMES, INC. DISCLAIMERS AND LIMITATION OF LIABILITY
Game includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Game, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Company and Epic. Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to, loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with these Terms or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Company, Epic, Epic’s licensors, its and their affiliates, and any of Company’s or Epic’s service providers shall be limited to the full extent permitted by law.
LICENSE AND ACCESS
Subject to your compliance with the Agreement, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access, download and install a copy of the Game to a computer system or game console and to run such copy of the Game solely for your own personal, non-commercial purposes (the “Permitted Use”). This license does not include any resale or commercial use of any service and/or contents provided by the Game. You are not permitted to:
• download, modify, copy, reproduce, republish, upload, post, transmit, sell, offer for sale or distribute, in any way any portion of the Game or Game’s content, any photographs, text, software, pictures, graphics, articles, columns, postings, video clips, audio clips, digital downloads, data, messages, contents or other information contained in the Game (collectively, the “Materials”);
• create any derivative works based on the Materials or the Game, except as specifically allowed under these Terms;
• frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of the Company without express written consent; or
• make the functionality of the Game available to multiple users through any means.
All rights not expressly granted to you in this Agreement are reserved and retained by the Company and/or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted herein terminate immediately if you do not comply with the Agreement.
MAKING PURCHASES
In purchasing the Game from Company, you may be asked to supply certain information including credit card or other payment information. You agree that all information you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other payment mechanisms at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
VIRTUAL GOODS
The Game may, from time to time, feature virtual goods. Virtual goods include, but are not limited to, virtual items (characters, levels, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game or Company may allow you to “purchase” Virtual Goods with real or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods (such as virtual currency) purchased on third party platforms such as, but without limitation, Steam, PlayStation, or Xbox will be subject to those platforms’ terms and conditions. Please review those platforms’ terms and conditions for further information before completing your purchase. Company does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and Company is not a party to the transaction.
Virtual Goods are licensed to You, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. Company may terminate your license at any time and at our sole discretion.
Company has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion and Company shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for real money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by these Terms or otherwise permitted in the gameplay.
All purchases of Virtual Goods, whether made with real money or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from Company at any time.
Company reserves the right to modify the price for Virtual Goods that may be purchased at any time and the retail price for Virtual Goods does not need to be linear.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of the Agreement for any reason, weather such termination was voluntary or involuntary, except as required by law.
RESTRICTIONS ON USE OF GAME
You may NOT, without the express prior written authorization of the Company:
(a) utilize any information that you gain as a result of using the Game to illegally or improperly violate another person’s or entity’s privacy rights;
(b) utilize the Game in regard to any commercial activities, advertising or sales without the prior written consent of the Company, which may withheld for any reason in the Company’s sole discretion;
(c) buy, sell, share or otherwise disseminate any other User’s username, password or other personal information;
(d) manipulate aspects of the Game in a manner so as to try to disguise content developed by third parties;
(e) transmit any material, non-public information about any person or entity without the proper authorization to do so;
(f) restrict any other user from properly using the Game, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Game and its underlying programs;
(g) upload or disseminate any viruses, worms, Trojan horses or other harmful or malicious code to the Game;
(h) Engage with the Game if you are temporarily or indefinitely suspended from the Game;
(i) Engage with the Game to initiate or further any illegal activity, which includes but is not limited to, the sale of stolen goods or money laundering;
(j) revise, modify, reverse engineer or in any way alter any portion of the Game or its contents;
(k) “frame” or “mirror” any part of the Game;
(l) utilize any device to enable you to circumvent the structure of the Game and/or spam or flood the Game;
(m) duplicate, create derivative works of or otherwise violate the copyright of this Game or the Company, except as explicitly and narrowly permitted under these Terms;
(n) utilize any of the Company’s trademarks as metatags on other mobile applications or websites or otherwise use the Company’s trademarks for your own advertising or pecuniary gain, including without limitation, utilization as Google® AdWords;
(o) utilize the Game in an unauthorized manner or in a manner which violates any legal or regulatory proscription or requirement, any third party rights or the policies outlined in these Terms and/or the Agreement;
(p) utilize the Game in a manner that is harmful to the Company or any other person or entity;
(q) utilize the Game or any information provided on the Game illegally or improperly and/or to violate the privacy rights or any other rights of the Company or any third party;
(r) remove, alter or amend any copyright or other proprietary notices from this Game;
(s) infringe upon the intellectual property rights of the Company or a third party;
(t) circumvent any encryption or other security tools used anywhere on this Game;
(u) sell or otherwise transfer your User Account;
(v) collect or store any information about Users of the Game;
(w) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use or otherwise assign to any third party any of your rights to access and otherwise Use the Game or services as granted in these Terms; and
(x) use any robot, spider or other intelligent agent software or device to access or monitor the Game in any manner.
Furthermore, you agree to cooperate with the Company in preventing any unauthorized Use of the Game. If you recognize or incur any problems using the Game, any violations of these Terms or any offensive content, please contact the Company at support@steelwoolgames.com.
ABUSE OF THE GAME
In addition to Company’s other rights to terminate your Use of the Game, and without limitation, if, in the Company’s sole discretion, it determines that you are creating potential liabilities, or acting inconsistently with these Terms, the Company may, without limitation, prohibit access to the Game, terminate any licenses or other agreements in place between the Company and you, and take technical and legal steps to keep you off the Game. Users may identify abuse of the Game and notify Company of the same. Notwithstanding the foregoing, you otherwise acknowledge and agree that this is in the Company’s sole discretion and that it shall not be obligated to do so. Company reserves the right to investigate and take appropriate legal action against any violation of this EULA. All Users agree to cooperate in this investigation regardless of whether it is related to User content posted by him or relating to another, unrelated user. Notwithstanding the foregoing, you acknowledge and agree that Company can terminate your right to Engage with this Game or any portion thereof at will, without notice, in the Company’s sole discretion and without cause.
You acknowledge and agree that the Company shall not be liable to you or to any other person or entity for any claims related to the termination or suspension of your or any other party’s Engagement with the Game. You hereby make the material representations, upon which you agree the Company may and will rely: (i) you are at least twelve years old and are either of the age of majority in the State from where you are accessing this Game or have your parent or guardian’s permission to agree to these Terms; (ii) you are a resident of the United States; (iii) you are authorized to view and provide information on the Game; (iv) if Engaging with the Game on behalf of an organization, that you have authority to bind the organization to these Terms.
SUBMISSIONS
The Company welcomes your feedback. However, please be aware that by submitting content to the Company by e-mail, comments and/or messages through the Game or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant the Company and its affiliates a nonexclusive, fully paid, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and/or publicly display such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission, if the Company so chooses. You acknowledge that the Company shall not be obligated to provide attribution of your comments or reviews, but that it may do so in its discretion and without any compensation to you. You further acknowledge and agree that Submissions are non-confidential and non-proprietary. Additionally, you acknowledge that the Company is free to use and/or exploit Submissions, including without limitation, ideas for a potential business model, or modifications thereto, in whole or in part, through any means, and the Company shall not owe any compensation to you or any third party relating to the same.
UPDATES
If Company elects to provide you with additional functionalities or capacities for the Game by way of Updates (as defined below), this Agreement shall be extended to those updates. Subject to the conditions set forth herein, you hereby acknowledge and assume the risk of obtaining the integration of such future legal or technical requirements into your updated version of the Game.
While the Company may provide you with updates, including without limitation, any new releases or versions of the current or then-current Game, hot fixes, patches, installation, setup, and maintenance services as they become available, or as necessary to comply with applicable laws, regulations and/or compliance requirements (collectively, the “Updates”), Company shall not be required to do so. UPDATES OF THE GAME MAY BE SUBJECT TO CHANGED SYSTEM REQUIREMENTS AND MAY REQUIRE THE INSTALLATION OF PRECEDING UPDATES, THIRD PARTY COMPONENTS AND/OR ADDITIONAL OR CHANGED HARDWARE. Moreover, Company may offer upgraded versions of the Game in the future, but has no obligation to provide them to you pursuant to this Agreement. Furthermore, Company may charge additional fees with respect to any Updates or upgrades provided and/or offered by Company, as determined in Company’s sole discretion, even if those Updates are mandatory and required to properly use the Game.
In the event that Company elects to provide you with an Update to the device or application utilized to access the Game, you acknowledge that you must install it, as the same is mandatory. You represent and warrant, covenant and agree, with the intent that Company rely thereon that you will immediately install and finalize these Updates as required by Company in its sole discretion.
You acknowledge and agree that Company has the right to make any maintenance or Update mandatory and automatically provide you with same.
IMPORTANT: COMPANY MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN YOUR ENGAGEMENT WITH THE GAME AND MAY AFFECT SAVED FILES, CHARACTERS, GAMES, GROUPS, VIRTUAL GOODS OR OTHER GAMEPLAY ELEMENTS UNDER YOUR CONTROL, AND YOU MAY TEMPORARILY OR PERMANENTLY LOSE ACCESS TO SOME OR ALL OF THEM. COMPANY RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
THIRD-PARTY SOFTWARE
The Game may require third-party components in order to work properly, including, but not limited to operating systems and hardware. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS WITH THOSE THIRD-PARTIES. You may be required to accept these additional license agreements in order to meet the software system requirements. These system requirements may be supplemented or modified by Company at its discretion. You acknowledge that you are solely responsible for obtaining, installing, maintaining and operating any third party components and its use of the same are AT YOUR OWN RISK. The same may be governed by additional agreements. Nothing herein shall be deemed to constitute an endorsement by Company of third party components. Company makes no representations or warranties with respect to, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any such third party components.
COPYRIGHTS
The Materials and the Game as a whole are copyrighted by the Company, its affiliates and/or its licensors; and are owned by or licensed to the Company or the use of which is otherwise authorized by law (e.g., as a fair use). Moreover, the Materials, and the Game as a whole, constitute a collective work or compilation under United States Copyright laws and other laws. You must abide by, and maintain, all copyright notices, information or restrictions contained in or attached to any Material. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Game, including, without limitation, any of the Materials, without the Company’s prior written consent. The Company is not responsible for content on Game operated by parties other than the Company.
If you are aware of an infringement of the Company’s brand, please notify the Company by sending an e-mail to: support@steelwoolgames.com.
TRADEMARKS
Certain names, logos and materials displayed on the Game, including without limitation “Five Nights at Freddy’s: Security Breach” and “Five Nights at Freddy’s,” constitute trademarks, trade names, service marks or logos of the Company or other related entities ("Marks"). You are not authorized to use any such Marks or any variations thereof. Ownership of all such Marks and the goodwill associated therewith remains with the Company or other related entities.
COOKIES
The Company hereby notifies you and you hereby acknowledge and agree that the Company may utilize “cookies” in connection with the operation of the Game. You agree that such cookies may be placed on your computer or mobile device, in connection with your access to, and other Engagement with, the Game.
DISCLAIMER
You explicitly agree that your Use of the Game is at your own and sole risk. THE GAME AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. The Company does not make any representations or warranties that the Game will operate in a timely, secure or error free manner; nor does the Company make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of the Game or any of the materials contained therein. The Game may be modified at any time with or without reason and with or without notice to you, without liability to you or any third party. Furthermore, the Game does not contain any warranties and the Company does not make any warranty as to the results that may be obtained from the Engagement with the Game. You also understand and agree that any material and/or data downloaded for Engagement with the Game is done at your own discretion and risk. You will be solely responsible for any damage to your console or computer operating system or loss of data that results from the download of such material and/or data. You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Company makes no warranty regarding any use or disclosure of confidential or private information you may provide. The Game is a work of fiction. Names, characters, businesses, places, events, locales, and incidents are used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental. The Company may change any of the Terms found on the Game at any time, without notice. The Company makes no commitment to update or keep current the information found on the Game. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THESE TERMS, IF ANY, ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO YOUR USE OF THE GAME. THERE ARE NO OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN YOU AND THE COMPANY OR BY OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCLAIMED. Some jurisdictions do not allow the elimination of certain warranties, and thus, one or more of the above exclusions may not apply to you. However, this shall be limited and only those prohibited by that jurisdiction shall be excluded and severed from the remainder of the other warranties, limitations and exclusions which shall remain in full force and effect to the maximum extent permitted by law.
Under no circumstances shall the Company be responsible for any loss or damage, including, without limitation economic loss, including property damage, emotional distress, other personal injury or death resulting from the Use of the Game, information relayed herein or otherwise relating to your conduct, or that of any other users, whether online or offline. By accepting these Terms and using the Game, You acknowledge that You assume any and all risks associated with the Use of the Game.
LIMITATION OF LIABILITY
THE COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, CONSOLE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ENGAGEMENT WITH, ACCESS TO, USE OF, OR BROWSING OF THE GAME, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE GAME. EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, PROPERTY DAMAGE, EMOTIONAL DISTRESS, PERSONAL INJURY, OR DEATH), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS GAME OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS GAME FOR COMMUNICATING WITH OTHER USERS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. NOTWITHSTANDING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AGGREGATE LIABILITY OF THE COMPANY TO YOU WILL BE LIMITED TO AND NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE GAME. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND ANY MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES OR AGENTS OF ANY OF THE FOREGOING (COLLECTIVELY, “INDEMNIFIED PARTIES”) WITH RESPECT TO ANY CLAIM, DEMAND, CAUSE OF ACTION, DEBT, LIABILITY, DAMAGES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES OF THE INDEMNIFIED PARTIES’ SELECTED ATTORNEY(S), RELATING, DIRECTLY OR INDIRECTLY, TO (I) YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS; (II) YOUR USE OF THE GAME AND/OR ANY AFFILIATE LINK, ADVERTISEMENT OR LINKED GAMES; AND/OR (III) ANY ACT OR OMISSION ON YOUR PART.
RELEASE
BY ENGAGING WITH THE GAME, YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS WHICH YOU MAY HAVE AGAINST THE COMPANY, AND ITSANY OF THE INDEMNIFIED PARTIES, AND THEIR AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (THE “RELEASED PARTIES”) ARISING FROM OR BASED OUT OF ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OR PLAYING OF THE GAME AND ANY AND ALL GOODS AND SERVICES RELATED THERETO. YOU FURTHER WAIVE, RELEASE AND GIVE UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION DIRECTLY OR INDIRECTLY RELATED TO THE USE OF THE GAME. WITHOUT LIMITATION, YOU FURTHER UNCONDITIONALLY AND IRREVOCABLY FOREVER RELEASE, DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, UNLESS REQUIRED TO BE PROVIDED BY STATUTE), INCLUDING, WITHOUT LIMITATION, THOSE BASED ON SLANDER, LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, PERSONALITY AND/OR CIVIL RIGHTS, DEPICTION IN A FALSE LIGHT, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, PERSONAL INJURY, COPYRIGHT OR TRADEMARK INFRINGEMENT AND/OR ANY OTHER TORT AND/OR DAMAGES ARISING FROM OR IN ANYWAY RELATING TO YOUR USE OF THE GAME OR ANY OF THE PRODUCTS AND SERVICES OFFERED THEREIN. THIS FURTHER INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES’ POLICIES, PRACTICES OR PROCEDURES; AND/OR (III) ANY FEDERAL, STATE OR LOCAL STATUTES OR REGULATIONS. BY UTILIZING THE GAME, YOU ASSUME ALL RISK, AND AGREE TO THESE TERMS WITH REGARD TO ALL OF THE INFORMATION THAT YOU SUBMIT VIS-À-VIS THE WEBSITE. If you are a California resident, you hereby waive California Civil Code § 1542, which states: “
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You hereby acknowledge, agree and stipulate that this waiver is being made consciously and with full understanding of the rights that you may be giving up.
Notwithstanding any termination of your access to the Game, you acknowledge and agree that your representations and obligations, as well as the disclaimer of warranties, limitation of liability and release of liability hereunder shall survive and continue in perpetuity.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND ANY MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES OR AGENTS OF ANY OF THE FOREGOING (COLLECTIVELY, “INDEMNIFIED PARTIES”) WITH RESPECT TO ANY CLAIM, DEMAND, CAUSE OF ACTION, DEBT, LIABILITY, DAMAGES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES OF THE INDEMNIFIED PARTIES’ SELECTED ATTORNEY(S), RELATING, DIRECTLY OR INDIRECTLY, TO (I) YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS; (II) YOUR USE OF THE GAME AND/OR ANY AFFILIATE LINK, ADVERTISEMENT OR LINKED GAMES; AND/OR (III) ANY ACT OR OMISSION ON YOUR PART.
CHOICE OF LAW; JURISDICTION
THE COMPANY AND YOU EACH AGREE THAT THIS AGREEMENT IS MADE AND DELIVERED IN, AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS . (WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS OF THE STATE OF TEXAS OR ANY OTHER STATE). THE COMPANY AND YOU EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF THE STATE OF CALIFORNIATEXAS FOR ANY ACTION, PROCEEDING OR INVESTIGATION IN ANY COURT OR BEFORE ANY GOVERNMENTAL AUTHORITY (A “LITIGATION”) FOR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE GAME, AS WELL AS ANY OTHER CLAIMS OR DEFENSES DIRECTLY OR INDIRECTLY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT AND/OR THE GAME (AND AGREES NOT TO COMMENCE ANY LITIGATION RELATING THERETO EXCEPT IN SUCH COURTS). THE COMPANY AND YOU ALSO BOTH AGREE THAT YOU OR THE COMPANY MAY BRING SUIT IN ANY COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. THE JURISDICTION PROVISION WITHIN THIS SECTION SHALL NOT BE DEEMED TO PROHIBIT SUCH ACTION.
THE COMPANY AND YOU BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO AGREE THAT ANY LITIGATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND YOU WILL NOT LITIGATE IN COURT ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
ASSIGNMENT
Company may freely assign its rights and obligations in and to this EULA. You acknowledge that you may not assign, transfer or sell your rights under this EULA without Company’s express written consent, which may be unreasonably withheld. Any purported assignment without Company’s express written consent shall be deemed null and void and shall constitute a breach of these Terms.
ATTORNEYS’ FEES
In the event of any dispute between the any of the Indemnified Parties and you, wherein any of the Indemnified Parties exercises its rights or defends itself from claims asserted by you, including without limitation, in any dispute relating to Federal, state or local statute, regulation or ordinance, tort claims, or any actions to enforce these Terms, the Indemnified Parties will be entitled to recover from you, and you hereby agree to pay, any and all attorneys’ fees and any costs incurred in connection with the same (including transcription, translation, and expert witness fees whether or not resulting in the institution of proceedings, including without limitation, both actual pre-judgment and post-judgment attorneys’ fees and costs and attorneys’ fees and costs of settlement if no proceeding is instituted), in addition to any other relief at law or in equity to which such party may be entitled. In such event, the Indemnified Parties shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings. In furtherance of these rights, and without limitation, you acknowledge and agree that the Indemnified Parties shall be entitled to recoup their attorneys’ fees and shall have a viable claim for the same even if they have not established damages other than the incurrence of those fees resulting from the enforcement of these Terms. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU INTEND TO BE BOUND TO THE WITHIN ALLOCATION OF ATTORNEYS’ FEES, WHICH SHALL APPLY IN LIEU OF ANY RIGHTS THAT YOU MAY HAVE UNDER TEXAS LAW OR ANY OTHER LAW. WITHOUT LIMITATION, TO THE GREATEST EXTENT ALLOWED BY LAW, YOU SPECIFICALLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER TEXAS CIVIL PRACTICE AND REMEDIES CODE SECTION 38.
LIMITATION ON USE BY MINORS
THE GAME IS RECOMMENDED FOR USE BY AGES TWELVE AND OLDER.
The Company does not collect personal information from Users. For the purposes of the Children’s Online Privacy Protection Act (“COPPA”), personal information is defined as follows:
• full name;
• home or other physical address, including street name and city or town;
• online contact information like an email address or other identifier that permits someone to contact a person directly (i.e., an instant messenger identifier, or video chat identifier);
• screen name or user name where it functions as online contact information;
• telephone number;
• Social Security number;
• a persistent identifier that can be used to recognize a user over time and across different sites, including a cookie number, an IP address, a processor or device serial number, or a unique device identifier;
• a photo, video, or audio file containing a child’s image or voice;
• geolocation information sufficient to identify a street name and city or town; or
• other information about the child or parent that is collected from the child and is combined with one of these identifiers.
If you are a parent and believe the Company may have inadvertently collected information from your child who is under the age of thirteen (13), please notify the Company immediately by sending an email to support@steelwoolgames.com. Moreover, you should be aware of the fact that some console and computer system download platforms have parental control protections that may assist you in limiting access to material that it considers to be harmful to minors. However, as otherwise set forth herein, the Company does not accept any liability for the products and services provided by any third parties.
COMMUNICATIONS
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE COMPANY MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY WITH REGARD TO ANY COMMUNICATION MADE BY OR THROUGH THE GAME TO THE COMPANY. The Company specifically reserves the right, and you hereby authorize the Company, to monitor transmissions over the Game and its related networks for maintenance, service, quality control assurance or any other purpose permitted by the Electronic Communications Privacy Act, 18 U.S.C. §2701, et. seq. The Company takes no responsibility for information sent to it that is intercepted by third parties.
Any communications, including, without limitation, emails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise to the Company or any of its officers, employees or agents shall become the Company’s property upon the transmission of the same. You grant the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge
NOTICES
Any and all notices or other communications that are to be given to the Company under this Agreement must be in writing, which shall be given by delivery to support@steelwoolgames.com. Notices to the Company shall be deemed effective twenty-four (24) hours after the message was sent, so long as no “System Error” message or other notice of non-delivery is generated. Notices to you, including but not limited to service of process initiating any proceeding related to this Agreement, if any, shall be provided by the Company via email or any other address which the Company reasonably believes to be associated with you, or by posting said notice on the Game. Notice shall be deemed effective upon delivery of the same. By accessing and/or using the Game, you acknowledge and agree that you are communicating with the Company electronically, and consent to receive communications from the Company electronically. You acknowledge and agree that all agreements, notices, disclosures, and/or other communications that the Company may provide to you electronically are effective; satisfy any legal requirement that such communications be in writing; and shall be deemed delivered to you. Without limitation, you specifically waive any objection or challenge respecting service of process so long as such documents and notices are delivered pursuant to the terms of this section.
INTERNATIONAL USE
In light of the international scope of the Internet, you agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, User acknowledges and agrees that it shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which the User may reside. Furthermore, the Company may determine, in its sole discretion, whether or not to implement geo-blocking on Users or other similar restrictions.
MISCELLANEOUS
You acknowledge and agree that this Agreement constitutes the entire agreement between the Company and you, hereto relating to the subject matter hereof, and any prior agreements, understandings, representations and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect. Company reserves the right to amend these Terms. If Company chooses to do so, Company will make reasonable efforts to alert You as to the amended Terms. If You do not agree with the amended Terms, You must stop your Use of the Game. If You continue to Use the Game after the amended Terms have been adopted, it shall be construed that you agree to the amended Terms in their entirety. If any provision of the Agreement is prohibited or otherwise unenforceable in a jurisdiction where it is being enforced: (a) it shall be nevertheless enforced to the fullest extent allowed by that prevailing law; and (b) all other provisions of this Agreement shall remain in full force and effect and shall not be invalidated or rendered unenforceable. You agree that neither this Agreement nor your Use of the Game creates a joint venture, agency, partnership, or employment relationship between you and the Company and/or affiliates. The Agreement is not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. For the avoidance of doubt, any party that is subject to being indemnified under this Agreement shall be an intended third party beneficiary to this Agreement. You promise to perform all further acts and execute all supplementary instruments or documents that may be requested by the Company to carry out the provisions and effectuate the intent of this Agreement. The Company’s failure to enforce any term, provision or condition of these Terms and/or the Agreement, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver. You specifically acknowledge that you have not accepted these Terms on reliance of any representations or other promises of the Company, which are not specifically included herein. You specifically stipulate that these Terms do not constitute a contract of adhesion. The gender terms in these Terms shall apply equally to either gender. The headings in these Terms shall have no force and effect. By using the Game, you agree that you have had the opportunity to review the terms of the Agreement with counsel of your choosing, if you wished to do so. You further acknowledge that you have thoroughly read these terms and conditions; that you are giving up certain legal rights that may otherwise exist; have asked any questions you desire to clarify its meaning; and believe it is in your interest to nevertheless proceed. Any rights not expressly granted herein are reserved.
If you have any questions or concerns about this Agreement, please do not download or Use the Game and kindly contact the Company at support@steelwoolgames.com.