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Omeda Studios: Terms of Service
Last updated: 19th August 2022
A quick summary:
(i) These Terms are legally binding on you when you access or download our services (such as our game, Predecessor).
(ii) Everything in the Terms is important and should be read by you, but we particularly draw your attention to the following:
· There are a number of rules set out in section 2 – if you breach these, we may stop you accessing our services. In particular, please be aware that if you are banned for cheating, then you will lose access to Predecessor and any in-game purchases.
· Section 6 (which sets out our liability to you) and section 7 (which sets out what happens in a dispute).
· Some products and services we may release on a ‘alpha’, ‘beta’ or ‘Early Access’ basis – this may contain bugs and require server / progress resets – see section 2.2.
· We may need to amend these Terms and our services in certain situations (e.g. to make technical improvements) – see section 3.
(iii) If you’ve got any queries or concerns about these
Terms, please email us at support@omedastudios.com.
1. About Omeda Studios and these Terms
1.1. What is this document? We are Omeda Studios Limited based at 7 Maplewood Court, 31 Eastbury Avenue, Northwood, England, HA6 3LL (trading from: [8 Devonshire Square, London, EC2M 4PL]) (also known as “Omeda” – we may also refer to ourselves as “We” in these Terms). These Terms are a legally binding contract between you and Omeda.
1.2. What do these Terms apply to? It covers all of our services – including our websites (https://omedastudios.com/ and https://www.predecessorgame.com/), our game (Predecessor), our customer support and social media (“Omeda Services”).
1.3. Are there any age restrictions? You must be at least 13 years old to use the Omeda Services. If you are between 13 and 18, please ask your parent or guardian to review and approve these Terms and to supervise your use of the Omeda Services.
1.4. Any questions? If you have any questions about these Terms, please feel free to email us at support@omedastudios.com.
2. Use of the Omeda Services
2.1. We ask you to follow a few rules if you access the Omeda Services. Please read them carefully, as failure to follow them will be considered a breach of these Terms, which could lead to suspension or cancellation of your access to the Omeda Services (including Predecessor).
(a) Personal Enjoyment. Only use the Omeda Services for your personal enjoyment, and not for any commercial, marketing or political purpose.
(b) Restricted Access. Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish or publicly display the Omeda Services or any of your rights under these Terms to anyone else not expressly permitted under these Terms.
(c) Misuse. Do not hack, harm, modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Omeda Services, (unless you are allowed to under your local laws), or any platform / network / server it runs on.
(d) Infringing Content. Do not do anything in connection with the Omeda Services that infringes copyright, trade mark, patent, trade secret, privacy, publicity or other intellectual property rights, including infringing the intellectual property of Omeda.
(e) Cheating. Do not create, use, publicise, make available and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interact with or affect the Omeda Services in any way.
(f) Conduct. Do not do or say anything that is or may be considered griefing, threatening, harassing, racist, ageist, sexist, transphobic, discriminatory, abusive, defamatory or otherwise offensive or illegal. You should also not ‘feed’ in-game. We reserve the right to monitor the content of the Omeda Services and any user-generated content.
2.2. Beta / early access. Please note we may release some Omeda Services before their full commercial release to test the features, capabilities and performance of the product or service. This could be a prototype, alpha, beta, Early Access or other pre-full release mode. Please remember that these versions may contain bugs, and that we might add or remove features or conduct server / progress resets (including for Virtual Goods). We might set other requirements too, which will be notified to you.
3. Changes to the Omeda Services and these Terms
We may make changes to the Omeda Services and / or these Terms for various reasons – such as to reflect changes in applicable laws or regulatory requirements and / or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices). If we make minor changes, these should not impact your use of the Omeda Services. If we make more significant changes to the Omeda Services and / or these Terms, then we will notify you reasonably in advance.
4. Licence and intellectual property
4.1. Who owns the Omeda Services? The Omeda Services including (but not limited to) its visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data and all other content, with all the intellectual property rights and exploitation rights in them, are either owned by Omeda or licensed from third parties. All rights in the Omeda Services are reserved except as explained in these Terms. No ownership right or interest or other rights in the Omeda Services or any part of it is transferred to you. We grant you a personal, limited, terminable, non-exclusive, non-transferable licence to access, display, view and use the Omeda Services on authorised devices and platforms (subject to you abiding by these Terms).
4.2. What about third party content? We are not responsible for any third-party content on the Omeda Services (e.g. links to third party sites on our social media) or third-party services which you access the Omeda Services from (e.g. Steam, Epic Games Store).
What about user-generated content? On some Omeda Services you may be able to create and post user-generated content. You may also create your own content about the Omeda Services (for example, streams or videos of you playing Predecessor). By posting any user-generated content on or about the Omeda Services, you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your user-generated content in connection with the Omeda Services). If you do not agree to this, please do not post any user-generated content.
5. Virtual goods
5.1. Does Omeda offer virtual goods? Certain Omeda Services may let you purchase and/or otherwise obtain virtual, in-game digital items and content including cosmetic and in-game enhancements and other downloadable content (“Virtual Goods”).
5.2. Are there any additional payment requirements I should know about? If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for applicable fees and taxes.
5.3. What else should I know about Virtual Goods? Virtual Goods are digital items only with no cash-value or real world existence and cannot be 'bought', 'sold', gifted, transferred, traded or redeemed in any way. There may be some platforms where the Virtual Goods do have some limited transfer rights, which will be explicitly authorised and permitted by Omeda and the relevant platform. In legal terms, you receive a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use Virtual Goods solely for your personal entertainment and non-commercial use in the relevant Omeda Service (except where explicitly authorised and permitted by Omeda and the relevant platform), but Omeda remains the legal owner of the Virtual Goods at all times.
5.4. Can I obtain a refund for Virtual Goods? Your refund rights will depend on the terms of any applicable device / platform via which you access the Omeda Services from, in relation to Omeda itself:
If you are resident in the United Kingdom or the European Union: By law you have the right to withdraw from a purchase of the Omeda Services and/or Virtual Goods within 14 days of your purchase, without giving a reason. HOWEVER, when you make a purchase of Omeda Services and/or Virtual Goods, the relevant platform will obtain your consent to the immediate supply of Omeda Services and/or Virtual Goods and your acknowledgement that you will lose your withdrawal right as soon as that supply begins. This means that you lose your right of withdrawal as soon as your account is provided with access to the relevant Omeda Services and/or Virtual Goods (which is typically straight away). You may also have statutory refund (and other) rights if we supply you Omeda Services which are in breach of our statutory obligations (e.g. it’s not fit for purpose or not as described).
If you are resident elsewhere in the world outside the United Kingdom or European Union (including the USA): All purchases are final and no refunds will be made or returns accepted (except where you have a legal entitlement to this, if applicable).
6. Our responsibility and liability to you
6.1. There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
(a) Where it would be unlawful.
We do not exclude or limit our liability to you where it would be unlawful to do so, this includes:
- Death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors).
- Fraud or fraudulent misrepresentation.
- Breach of your legal rights.
- For defective products.
(b) Personal losses. We only supply the Omeda Services for domestic and private use. If you use the Omeda Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
6.2. Subject to 6.1. above: (i) the total liability of Omeda (and its group companies) arising out of or in connection with these Terms will not exceed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability; (ii) the Omeda Services are provided on an “as is” basis and we make no specific warranty or representation in relation to the quality, completeness or accuracy of the Omeda Services.
7. Governing law and dispute resolution
7.1. What laws govern these Terms? You and we agree that your use of the Omeda Services and these Terms (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of England, and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the laws of your country of residence.
7.2. What happens if we have a dispute? We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against Omeda, you should send it to legal@omedastudios.com.
8. Termination
8.1. How can I terminate these Terms? You can terminate these Terms at any time by permanently stopping use of the Omeda Services. Termination will not affect already existing rights or obligations of either us or you.
8.2. When can we suspend or terminate the Omeda Services?
(i)
In the unlikely event we suspend or permanently discontinue any of the Omeda Services, we will notify you in advance and, where appropriate, you may be entitled to a partial or full refund.
(ii) We may also suspend or terminate (temporarily or permanently) your access to the Omeda Services if you breach these Terms, including the rules set out in section 2. If we do this, we will not have any obligations or liabilities to you at all but we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result. If you’ve been banned by Easy Anti-Cheat, you can appeal the decision here: https://www.easy.ac/en-us/support/game/contact/appeal/.
9. Other legal matters
9.1. We can assign, subcontract or transfer these Terms to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not affect your legal rights (or with your consent).
9.2. These Terms govern our relationship with you (and vice versa). It does not create rights for anyone else, nor do they create any exclusive relationship between us nor any partnership, joint venture, employment or agency.
9.3. If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it.
Last updated: 19th August 2022
A quick summary:
(i) These Terms are legally binding on you when you access or download our services (such as our game, Predecessor).
(ii) Everything in the Terms is important and should be read by you, but we particularly draw your attention to the following:
· There are a number of rules set out in section 2 – if you breach these, we may stop you accessing our services. In particular, please be aware that if you are banned for cheating, then you will lose access to Predecessor and any in-game purchases.
· Section 6 (which sets out our liability to you) and section 7 (which sets out what happens in a dispute).
· Some products and services we may release on a ‘alpha’, ‘beta’ or ‘Early Access’ basis – this may contain bugs and require server / progress resets – see section 2.2.
· We may need to amend these Terms and our services in certain situations (e.g. to make technical improvements) – see section 3.
(iii) If you’ve got any queries or concerns about these
Terms, please email us at support@omedastudios.com.
1. About Omeda Studios and these Terms
1.1. What is this document? We are Omeda Studios Limited based at 7 Maplewood Court, 31 Eastbury Avenue, Northwood, England, HA6 3LL (trading from: [8 Devonshire Square, London, EC2M 4PL]) (also known as “Omeda” – we may also refer to ourselves as “We” in these Terms). These Terms are a legally binding contract between you and Omeda.
1.2. What do these Terms apply to? It covers all of our services – including our websites (https://omedastudios.com/ and https://www.predecessorgame.com/), our game (Predecessor), our customer support and social media (“Omeda Services”).
1.3. Are there any age restrictions? You must be at least 13 years old to use the Omeda Services. If you are between 13 and 18, please ask your parent or guardian to review and approve these Terms and to supervise your use of the Omeda Services.
1.4. Any questions? If you have any questions about these Terms, please feel free to email us at support@omedastudios.com.
2. Use of the Omeda Services
2.1. We ask you to follow a few rules if you access the Omeda Services. Please read them carefully, as failure to follow them will be considered a breach of these Terms, which could lead to suspension or cancellation of your access to the Omeda Services (including Predecessor).
(a) Personal Enjoyment. Only use the Omeda Services for your personal enjoyment, and not for any commercial, marketing or political purpose.
(b) Restricted Access. Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish or publicly display the Omeda Services or any of your rights under these Terms to anyone else not expressly permitted under these Terms.
(c) Misuse. Do not hack, harm, modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Omeda Services, (unless you are allowed to under your local laws), or any platform / network / server it runs on.
(d) Infringing Content. Do not do anything in connection with the Omeda Services that infringes copyright, trade mark, patent, trade secret, privacy, publicity or other intellectual property rights, including infringing the intellectual property of Omeda.
(e) Cheating. Do not create, use, publicise, make available and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interact with or affect the Omeda Services in any way.
(f) Conduct. Do not do or say anything that is or may be considered griefing, threatening, harassing, racist, ageist, sexist, transphobic, discriminatory, abusive, defamatory or otherwise offensive or illegal. You should also not ‘feed’ in-game. We reserve the right to monitor the content of the Omeda Services and any user-generated content.
2.2. Beta / early access. Please note we may release some Omeda Services before their full commercial release to test the features, capabilities and performance of the product or service. This could be a prototype, alpha, beta, Early Access or other pre-full release mode. Please remember that these versions may contain bugs, and that we might add or remove features or conduct server / progress resets (including for Virtual Goods). We might set other requirements too, which will be notified to you.
3. Changes to the Omeda Services and these Terms
We may make changes to the Omeda Services and / or these Terms for various reasons – such as to reflect changes in applicable laws or regulatory requirements and / or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices). If we make minor changes, these should not impact your use of the Omeda Services. If we make more significant changes to the Omeda Services and / or these Terms, then we will notify you reasonably in advance.
4. Licence and intellectual property
4.1. Who owns the Omeda Services? The Omeda Services including (but not limited to) its visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data and all other content, with all the intellectual property rights and exploitation rights in them, are either owned by Omeda or licensed from third parties. All rights in the Omeda Services are reserved except as explained in these Terms. No ownership right or interest or other rights in the Omeda Services or any part of it is transferred to you. We grant you a personal, limited, terminable, non-exclusive, non-transferable licence to access, display, view and use the Omeda Services on authorised devices and platforms (subject to you abiding by these Terms).
4.2. What about third party content? We are not responsible for any third-party content on the Omeda Services (e.g. links to third party sites on our social media) or third-party services which you access the Omeda Services from (e.g. Steam, Epic Games Store).
What about user-generated content? On some Omeda Services you may be able to create and post user-generated content. You may also create your own content about the Omeda Services (for example, streams or videos of you playing Predecessor). By posting any user-generated content on or about the Omeda Services, you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your user-generated content in connection with the Omeda Services). If you do not agree to this, please do not post any user-generated content.
5. Virtual goods
5.1. Does Omeda offer virtual goods? Certain Omeda Services may let you purchase and/or otherwise obtain virtual, in-game digital items and content including cosmetic and in-game enhancements and other downloadable content (“Virtual Goods”).
5.2. Are there any additional payment requirements I should know about? If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for applicable fees and taxes.
5.3. What else should I know about Virtual Goods? Virtual Goods are digital items only with no cash-value or real world existence and cannot be 'bought', 'sold', gifted, transferred, traded or redeemed in any way. There may be some platforms where the Virtual Goods do have some limited transfer rights, which will be explicitly authorised and permitted by Omeda and the relevant platform. In legal terms, you receive a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use Virtual Goods solely for your personal entertainment and non-commercial use in the relevant Omeda Service (except where explicitly authorised and permitted by Omeda and the relevant platform), but Omeda remains the legal owner of the Virtual Goods at all times.
5.4. Can I obtain a refund for Virtual Goods? Your refund rights will depend on the terms of any applicable device / platform via which you access the Omeda Services from, in relation to Omeda itself:
If you are resident in the United Kingdom or the European Union: By law you have the right to withdraw from a purchase of the Omeda Services and/or Virtual Goods within 14 days of your purchase, without giving a reason. HOWEVER, when you make a purchase of Omeda Services and/or Virtual Goods, the relevant platform will obtain your consent to the immediate supply of Omeda Services and/or Virtual Goods and your acknowledgement that you will lose your withdrawal right as soon as that supply begins. This means that you lose your right of withdrawal as soon as your account is provided with access to the relevant Omeda Services and/or Virtual Goods (which is typically straight away). You may also have statutory refund (and other) rights if we supply you Omeda Services which are in breach of our statutory obligations (e.g. it’s not fit for purpose or not as described).
If you are resident elsewhere in the world outside the United Kingdom or European Union (including the USA): All purchases are final and no refunds will be made or returns accepted (except where you have a legal entitlement to this, if applicable).
6. Our responsibility and liability to you
6.1. There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
(a) Where it would be unlawful.
We do not exclude or limit our liability to you where it would be unlawful to do so, this includes:
- Death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors).
- Fraud or fraudulent misrepresentation.
- Breach of your legal rights.
- For defective products.
(b) Personal losses. We only supply the Omeda Services for domestic and private use. If you use the Omeda Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
6.2. Subject to 6.1. above: (i) the total liability of Omeda (and its group companies) arising out of or in connection with these Terms will not exceed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability; (ii) the Omeda Services are provided on an “as is” basis and we make no specific warranty or representation in relation to the quality, completeness or accuracy of the Omeda Services.
7. Governing law and dispute resolution
7.1. What laws govern these Terms? You and we agree that your use of the Omeda Services and these Terms (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of England, and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the laws of your country of residence.
7.2. What happens if we have a dispute? We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against Omeda, you should send it to legal@omedastudios.com.
8. Termination
8.1. How can I terminate these Terms? You can terminate these Terms at any time by permanently stopping use of the Omeda Services. Termination will not affect already existing rights or obligations of either us or you.
8.2. When can we suspend or terminate the Omeda Services?
(i)
In the unlikely event we suspend or permanently discontinue any of the Omeda Services, we will notify you in advance and, where appropriate, you may be entitled to a partial or full refund.
(ii) We may also suspend or terminate (temporarily or permanently) your access to the Omeda Services if you breach these Terms, including the rules set out in section 2. If we do this, we will not have any obligations or liabilities to you at all but we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result. If you’ve been banned by Easy Anti-Cheat, you can appeal the decision here: https://www.easy.ac/en-us/support/game/contact/appeal/.
9. Other legal matters
9.1. We can assign, subcontract or transfer these Terms to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not affect your legal rights (or with your consent).
9.2. These Terms govern our relationship with you (and vice versa). It does not create rights for anyone else, nor do they create any exclusive relationship between us nor any partnership, joint venture, employment or agency.
9.3. If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it.