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VIRTUAL BATTLEGROUNDS END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”) applies to the game software (“Game”) provided by CYBERDREAM LLC (“Owner”).
Acceptance of Terms and Conditions
By continuing to use the Game, you agree as follows:
• You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; • You will use the Game in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement, which may be amended by Owner from time to time; and • You understand, accept, and have received this Agreement and its terms and conditions, and you acknowledge and demonstrate that you can access this Agreement. If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Game.
Limited License to Game
Owner grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Game. This license is conditional upon on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Game, and if you sell, or otherwise transfer, a device on which the Game is installed, you must remove access to the Game from such device. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Game).
Electronic Signatures
You agree to be bound by any affirmance, assent, or agreement you transmit to Owner using the Game, including, but not limited to, any consent you give to receive communications from Owner solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent,” or other similarly worded “button or entry field” in the Game, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Usage Restrictions
The following requirements apply to your use of the Game:
• You will not use any electronic communication feature of the Game for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful. • You will not advertise or exploit the Game commercially without written consent from CYBERDREAM LLC • You will not make copies of the Game except (1) copy of Game for backup purposes. • You may not sell, rent, distribute, or transfer any part of the Game. • You agree to not reverse engineer, modify, or disassemble source code of Game. • You will not impersonate any person, business of entity, including CYBERDREAM LLC. • You will not transmit or facilitate the transmission of any electronic virus, corrupted data, trojan horse, keystroke logger, malware, or any other computer programing routine intended to interfere or damage Game or another users experience with Game.
Trademarks and Copyrights
The Game is owned by Owner and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Owner or its affiliates or agents. Nothing contained in the Game should be construed as granting, by implication, estoppel, or otherwise, any license or right to use of any trademark displayed in the Game without the written permission of Owner or such third party that may own the trademarks displayed in the Game. Your use of the trademarks displayed in the Game, or any other content in the Game, except as provided herein, is strictly prohibited. Images displayed through the Game are either the property of, or used with permission by, Owner or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Disclaimer of Warranties
YOUR USE OF THE GAME IS ENTIRELY AT YOUR SOLE RISK. THE GAME IS PROVIDED BY OWNER ON AN “AS IS” BASIS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. OWNER MAKES NO WARRANTY THAT (i) THE GAME WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER, OR THROUGH THE
GAME, SHALL CREATE ANY WARRANTY REGARDING THE GAME NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE GAME OR ANY OTHER MATTER RELATING TO THE GAME.
Indemnification
You agree to indemnify and hold Owner and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, State or Federal Securities Laws or regulations, or any other person’s rights, including, but not limited to, infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, Page 4 of 4 LexisNexis(R) Forms FORM 240-3B.70F John Laster including but not limited to a negligent act, will Owner or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Game.
Governing Law
The Agreement, and all future agreements you shall enter into with Owner, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Florida, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Owner or any of its affiliates or agents in the State of Florida or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Miscellaneous
This Agreement constitutes the entire agreement between you and Owner regarding the Game and governs your use of the Game, superseding any prior agreements between you and Owner regarding the Game. If any provision of this Agreement shall be held
invalid under law, such invalidity shall not affect any other provision or provisions hereof which are otherwise valid. The failure of Owner to enforce any provision in this Agreement shall not constitute a waiver of such provision or any other provision.
Terms of Service Agreement
Thank you for downloading Virtual Battlegrounds.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
This agreement (the “Agreement”) sets the terms by which CYBERDREAM LLC (“We, Us, Our”) offers you access to use Virtual Battlegrounds (“Game”). By selecting “accept” below, creating an account, or by otherwise accessing GAME directly, you agree to the terms of this Agreement as an enforceable written contract signed by you. If you are under 18, a parent or legal guardian must set up an account for you.
1. MODIFICATION OF AGREEMENT
As necessary, CYBERDREAM LLC reserves the right to change the terms, conditions and notices under which Game is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Game acknowledges your acceptance of this Agreement.
2. OWNERSHIP OF INTELECTUAL PROPERTY
You agree that all ownership rights, title, intellectual property of Game are owned directly by CYBERDREAM LLC. This includes any derivative works or data and content included within Game, including, but not limited to, computer code, titles, weapon names, character names, game recordings, game broadcasts, catch phrases, artwork, graphics, landscape designs, structure designs, animations, sounds, musical compositions, text, displays, and themes.
CYBERDREAM LLC retains the ownership rights to all player content submitted to us. Should the previous statement be deemed unenforceable, you agree to assign all player content to us. Should player content be deemed non-assignable by relevant law, you agree to an irrevocable, perpetual, royalty free license to reproduce, modify, sell, broadcast, perform, create, adapt, license, publish or otherwise use said content.
CYBERDREAM LLC retains all ownership rights for in game data, currency, and items. You are not permitted to sell, donate or trade any virtual content within game without written approval from us.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of CYBERDREAM LLC or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without our prior written permission or the permission of the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of CYBERDREAM LLC;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies inaccurately that CYBERDREAM LLC sponsors or endorses or is otherwise connected with your own activities, products and service or those of third parties.
3. DISCLAIMERS AND INDEMNIFCATION
You hereby agree to indemnify, defend and hold harmless CYBERDREAM LLC from and against any and all liability and costs incurred by CYBERDREAM LLC in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. CYBERDREAM LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CYBERDREAM LLC
4. CODE OF CONTENT
You agree to follow the Steam Online Conduct Policy. CYBERDREAM LLC reserves the right to create an additional code of conduct policy for Game.
5. WE MAKE NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE GAME (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CYBERDREAM LLC MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE GAME UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY CYBERDREAM LLC. CYBERDREAM LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE GAME OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE GAME, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE GAME IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, CYBERDREAM LLC WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE GAME FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVE X MALICIOUS CODE.
6. LIABILITY LIMITATION
USE OF THE GAME IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION,
COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE GAME. UNDER NO CIRCUMSTANCES SHALL CYBERDREAM LLC, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR CYBERDREAM LLC, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE GAME OR FEE-BASED SERVICES, EVEN IF CYBERDREAM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CYBERDREAM LLC IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE GAME. YOU HEREBY RELEASE CYBERDREAM LLC AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
7. GENERAL LEGAL TERMS
This Agreement constitutes the entire agreement between you and CYBERDREAM LLC with respect to the Game and supersedes all prior agreements between you and CYBERDREAM LLC with respect to the Game. Failure by CYBERDREAM LLC to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
7.1 GOVERNING LAW
Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Florida (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of Florida for any action arising out of or relating to your use of the Game. The federal and state courts of Florida shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
7.2 TRANSFERABILTIY
CYBERDREAM LLC reserves the right to transfer the terms of this Agreement to a third party at any time. You shall not transfer these rights without written permission from CYBERDREAM LLC.
7.3 PERIOD AND TERMINATION
This Agreement is effective until terminated by you or CYBERDREAM LLC. We may terminate these terms of use at any time without prior notice. We reserve the right to ban or suspend your account at our sole discretion. To terminate this Agreement you must stop using the Game and delete the Game. No refund will be given.
7.4 COPYRIGHT NOTIFCATIONS
If you believe that CYBERDREAM LLC has infringed on your copyright-protected work, you may provide an infringement notice to our designated agent. We will require the following information to process your notice.
a) Specific details as to the work claimed to be infringed; b) Contact information, including full name, address and email address; c) A statement that under the penalty of perjury the information included is accurate and you are authorized to act on behalf of the owner of the IP right being claimed to be infringed. d) Signature
CYBERDREAM LLC
421 East Robinson Street Orlando, FL 32801
Legal@cyberdreamvr.com
This End User License Agreement (“Agreement”) applies to the game software (“Game”) provided by CYBERDREAM LLC (“Owner”).
Acceptance of Terms and Conditions
By continuing to use the Game, you agree as follows:
• You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; • You will use the Game in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement, which may be amended by Owner from time to time; and • You understand, accept, and have received this Agreement and its terms and conditions, and you acknowledge and demonstrate that you can access this Agreement. If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Game.
Limited License to Game
Owner grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Game. This license is conditional upon on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Game, and if you sell, or otherwise transfer, a device on which the Game is installed, you must remove access to the Game from such device. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Game).
Electronic Signatures
You agree to be bound by any affirmance, assent, or agreement you transmit to Owner using the Game, including, but not limited to, any consent you give to receive communications from Owner solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent,” or other similarly worded “button or entry field” in the Game, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Usage Restrictions
The following requirements apply to your use of the Game:
• You will not use any electronic communication feature of the Game for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful. • You will not advertise or exploit the Game commercially without written consent from CYBERDREAM LLC • You will not make copies of the Game except (1) copy of Game for backup purposes. • You may not sell, rent, distribute, or transfer any part of the Game. • You agree to not reverse engineer, modify, or disassemble source code of Game. • You will not impersonate any person, business of entity, including CYBERDREAM LLC. • You will not transmit or facilitate the transmission of any electronic virus, corrupted data, trojan horse, keystroke logger, malware, or any other computer programing routine intended to interfere or damage Game or another users experience with Game.
Trademarks and Copyrights
The Game is owned by Owner and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Owner or its affiliates or agents. Nothing contained in the Game should be construed as granting, by implication, estoppel, or otherwise, any license or right to use of any trademark displayed in the Game without the written permission of Owner or such third party that may own the trademarks displayed in the Game. Your use of the trademarks displayed in the Game, or any other content in the Game, except as provided herein, is strictly prohibited. Images displayed through the Game are either the property of, or used with permission by, Owner or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Disclaimer of Warranties
YOUR USE OF THE GAME IS ENTIRELY AT YOUR SOLE RISK. THE GAME IS PROVIDED BY OWNER ON AN “AS IS” BASIS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. OWNER MAKES NO WARRANTY THAT (i) THE GAME WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER, OR THROUGH THE
GAME, SHALL CREATE ANY WARRANTY REGARDING THE GAME NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE GAME OR ANY OTHER MATTER RELATING TO THE GAME.
Indemnification
You agree to indemnify and hold Owner and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, State or Federal Securities Laws or regulations, or any other person’s rights, including, but not limited to, infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, Page 4 of 4 LexisNexis(R) Forms FORM 240-3B.70F John Laster including but not limited to a negligent act, will Owner or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Game.
Governing Law
The Agreement, and all future agreements you shall enter into with Owner, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Florida, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Owner or any of its affiliates or agents in the State of Florida or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Miscellaneous
This Agreement constitutes the entire agreement between you and Owner regarding the Game and governs your use of the Game, superseding any prior agreements between you and Owner regarding the Game. If any provision of this Agreement shall be held
invalid under law, such invalidity shall not affect any other provision or provisions hereof which are otherwise valid. The failure of Owner to enforce any provision in this Agreement shall not constitute a waiver of such provision or any other provision.
Terms of Service Agreement
Thank you for downloading Virtual Battlegrounds.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
This agreement (the “Agreement”) sets the terms by which CYBERDREAM LLC (“We, Us, Our”) offers you access to use Virtual Battlegrounds (“Game”). By selecting “accept” below, creating an account, or by otherwise accessing GAME directly, you agree to the terms of this Agreement as an enforceable written contract signed by you. If you are under 18, a parent or legal guardian must set up an account for you.
1. MODIFICATION OF AGREEMENT
As necessary, CYBERDREAM LLC reserves the right to change the terms, conditions and notices under which Game is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Game acknowledges your acceptance of this Agreement.
2. OWNERSHIP OF INTELECTUAL PROPERTY
You agree that all ownership rights, title, intellectual property of Game are owned directly by CYBERDREAM LLC. This includes any derivative works or data and content included within Game, including, but not limited to, computer code, titles, weapon names, character names, game recordings, game broadcasts, catch phrases, artwork, graphics, landscape designs, structure designs, animations, sounds, musical compositions, text, displays, and themes.
CYBERDREAM LLC retains the ownership rights to all player content submitted to us. Should the previous statement be deemed unenforceable, you agree to assign all player content to us. Should player content be deemed non-assignable by relevant law, you agree to an irrevocable, perpetual, royalty free license to reproduce, modify, sell, broadcast, perform, create, adapt, license, publish or otherwise use said content.
CYBERDREAM LLC retains all ownership rights for in game data, currency, and items. You are not permitted to sell, donate or trade any virtual content within game without written approval from us.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of CYBERDREAM LLC or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without our prior written permission or the permission of the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of CYBERDREAM LLC;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies inaccurately that CYBERDREAM LLC sponsors or endorses or is otherwise connected with your own activities, products and service or those of third parties.
3. DISCLAIMERS AND INDEMNIFCATION
You hereby agree to indemnify, defend and hold harmless CYBERDREAM LLC from and against any and all liability and costs incurred by CYBERDREAM LLC in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. CYBERDREAM LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CYBERDREAM LLC
4. CODE OF CONTENT
You agree to follow the Steam Online Conduct Policy. CYBERDREAM LLC reserves the right to create an additional code of conduct policy for Game.
5. WE MAKE NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE GAME (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CYBERDREAM LLC MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE GAME UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY CYBERDREAM LLC. CYBERDREAM LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE GAME OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE GAME, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE GAME IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, CYBERDREAM LLC WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE GAME FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVE X MALICIOUS CODE.
6. LIABILITY LIMITATION
USE OF THE GAME IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION,
COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE GAME. UNDER NO CIRCUMSTANCES SHALL CYBERDREAM LLC, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR CYBERDREAM LLC, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE GAME OR FEE-BASED SERVICES, EVEN IF CYBERDREAM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF CYBERDREAM LLC IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE GAME. YOU HEREBY RELEASE CYBERDREAM LLC AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
7. GENERAL LEGAL TERMS
This Agreement constitutes the entire agreement between you and CYBERDREAM LLC with respect to the Game and supersedes all prior agreements between you and CYBERDREAM LLC with respect to the Game. Failure by CYBERDREAM LLC to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
7.1 GOVERNING LAW
Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Florida (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of Florida for any action arising out of or relating to your use of the Game. The federal and state courts of Florida shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
7.2 TRANSFERABILTIY
CYBERDREAM LLC reserves the right to transfer the terms of this Agreement to a third party at any time. You shall not transfer these rights without written permission from CYBERDREAM LLC.
7.3 PERIOD AND TERMINATION
This Agreement is effective until terminated by you or CYBERDREAM LLC. We may terminate these terms of use at any time without prior notice. We reserve the right to ban or suspend your account at our sole discretion. To terminate this Agreement you must stop using the Game and delete the Game. No refund will be given.
7.4 COPYRIGHT NOTIFCATIONS
If you believe that CYBERDREAM LLC has infringed on your copyright-protected work, you may provide an infringement notice to our designated agent. We will require the following information to process your notice.
a) Specific details as to the work claimed to be infringed; b) Contact information, including full name, address and email address; c) A statement that under the penalty of perjury the information included is accurate and you are authorized to act on behalf of the owner of the IP right being claimed to be infringed. d) Signature
CYBERDREAM LLC
421 East Robinson Street Orlando, FL 32801
Legal@cyberdreamvr.com