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End-User Licence Agreement and Terms of Service
This agreement (“Agreement”) is between you and PinkPeachStudio. (“PinkPeach” or “us” or “we” or “our”) regarding the "~necromancy~Emily's Escape". computer game and all related software, files, documentation, updates, upgrades and derivative works (collectively the “Game”). PinkPeach developed and owns the Game, and is licensing the Game to you on the terms and conditions set out below. PinkPeach is not selling the Game to you.
By accessing or using the Game you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Game.
1. Limited Licence
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, limited right and licence to access and use the Game for your personal non-commercial gameplay.
You may download information, images, artwork, text, video, audio, pictures and other materials from the Game to the extent necessary to access and use the Game for the purposes of this Agreement. However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create any derivative work from any of those materials or any other portion of the Game without our prior written approval.
We, and our licensors, reserve all rights not specifically granted to you in this Agreement.
2. Other Prohibitions
Except as expressly set out in this Agreement, or as we may otherwise expressly agree in writing, you will not: (a) commercially exploit the Game or distribute, lease, license, sell, rent, grant a security interest in, lend or otherwise transfer or assign the Game or any copies of the Game; (b) remove, alter, or conceal any proprietary notice contained in the Game; or (c) encourage, assist or allow any third party to any of the foregoing.
3. Ownership
The Game is protected by copyright law and by national and international laws, treaties and conventions.
As between you and us, we own all right, title and interest in the Game, including all computer code, titles, text, images, animations, artwork, audio, video, designs, sounds, themes, objects, characters, character names, stories, dialogue, concepts and trade-marks, the graphical design of the user interface, the “look-and-feel” of the user interface, all modifications, customizations and additions thereto, and all intellectual property rights therein. Our names and logos are our trade-marks and you must not use any of them without our consent. Except as expressly set out in this Agreement, you acquire no license to, or other rights in, the Game.
4. Game Account
The Game is currently accessible through Steam, and you must have a Steam account to access, download, and play the Game. You acknowledge and agree that your Steam account is provided and managed by Steam, not by us, and that your creation and use of that Steam account are subject to Steam applicable terms and conditions and privacy policies.
We reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party of its belief, that you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Game or to any product or service available through the Game for any reason or no reason, with or without notice. In the event of termination, your Account will be disabled, and you will not have access to your Account. You should be aware that, if your Account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content.
5. Age
The Game is available only to individuals who are of legal age to form a binding contract. The Game may be used by an individual older than 18.
You hereby confirm that you are at least 18 years of age, are of the age of majority in the jurisdiction from which you access the Game, and are an individual who can form a legally binding contract.
6. Interruptions, Errors and Downtime
Your use of the Game might be interrupted and will not be free of errors.
The Game may be unavailable from time to time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands. Where reasonably possible we will give you prior notice of any scheduled service interruptions.
7. Privacy
We respect your privacy and only collect, use and disclose your personal information as described in our Privacy Policy and in this Agreement. You hereby consent to the collection, use and disclosure of your personal information as described in this Agreement and our Privacy Policy.
You consent to our collection, use and disclosure of your name, contact information and other personal information to the extent necessary or desirable for us to communicate with you, monitor your compliance with this Agreement, and manage the Game. We may use aggregate, non-identifiable information about Game players for promotional and advertising purposes. We do not sell your personal information to third parties. If we suspect you of fraudulent or other criminal activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as permitted or required by law.
8. Your Responsibilities
You are solely responsible for obtaining and maintaining all computer equipment and Internet connections required to access and use the Game, at your sole expense. We do not guarantee that the Game will not conflict with other programs on your computer, and we will not be responsible for the workings or failures of your computer equipment, network, software or Internet access. The performance and proper functioning of the Game may be reduced or prevented if you are simultaneously using other software, and we recommend that you turn off any such programs when using the Game.
9. Restrictions on your Conduct
When using the Game or any product or service available through the Game you must comply with all applicable laws and with all of our policies and rules, as updated from time-to-time. In particular, but without limiting the foregoing, you must not:
hack, reverse engineer, disable, disrupt or interfere with the functioning of the Game, or modify the Game in any way;
use the Game in any manner that could damage or impair the Game or interfere with any other party's use and enjoyment of the Game;
harass or threaten any other user of the Game or any PinkPeach employee or representative;
impersonate another person, indicate that you are a PinkPeach employee or representative (if you are not) or attempt to mislead other players by indicating that you represent PinkPeach in any way;
attempt to gain unauthorized access to the Game, other accounts, computer systems or networks connected to the Game, through hacking, password mining or any other means;
upload to or transmit to us or any other player anything that may be defamatory, threatening, abusive, obscene, pornographic, harmful or invasive of anyone’s privacy, may violate any law including intellectual property, privacy or other laws, or may give rise to civil or other liability;
upload to or transmit to us or any other player any data, file or software that contains a virus, Trojan horse, worm, bot keystroke logger, time bomb, cancelbot or other computer programming routines that are intended to damage, interfere with intercept, mine, scrape or expropriate any system, data or personal information relating to the Game;
attempt to disable or circumvent any Game features that are designed to limit your access to certain information about Game users, and you otherwise will not access or attempt to access areas of the Game or its servers that have not been made available to the public;
use the Game for spamming, other advertising, or other bulk message transmission, or use the Game to promote or operate any service or commercial enterprise;
post or communicate any personally identifiable information about any other person, or use the Game to collect or harvest any information about any other person;
use abusive or offensive language during your use of the Game, including on any forums, chat rooms, or web sites; or
encourage, assist or attempt to trick other players into breaking this Agreement.
In addition to any other available remedies, we may suspend or terminate your access to the Game if you breach of any of these obligations.
10. Termination of Agreement
Without prejudice to any of our rights under this Agreement or at law or equity, we may terminate this Agreement and your access to the Game immediately if you breach this Agreement.
This agreement (“Agreement”) is between you and PinkPeachStudio. (“PinkPeach” or “us” or “we” or “our”) regarding the "~necromancy~Emily's Escape". computer game and all related software, files, documentation, updates, upgrades and derivative works (collectively the “Game”). PinkPeach developed and owns the Game, and is licensing the Game to you on the terms and conditions set out below. PinkPeach is not selling the Game to you.
By accessing or using the Game you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Game.
1. Limited Licence
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, limited right and licence to access and use the Game for your personal non-commercial gameplay.
You may download information, images, artwork, text, video, audio, pictures and other materials from the Game to the extent necessary to access and use the Game for the purposes of this Agreement. However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create any derivative work from any of those materials or any other portion of the Game without our prior written approval.
We, and our licensors, reserve all rights not specifically granted to you in this Agreement.
2. Other Prohibitions
Except as expressly set out in this Agreement, or as we may otherwise expressly agree in writing, you will not: (a) commercially exploit the Game or distribute, lease, license, sell, rent, grant a security interest in, lend or otherwise transfer or assign the Game or any copies of the Game; (b) remove, alter, or conceal any proprietary notice contained in the Game; or (c) encourage, assist or allow any third party to any of the foregoing.
3. Ownership
The Game is protected by copyright law and by national and international laws, treaties and conventions.
As between you and us, we own all right, title and interest in the Game, including all computer code, titles, text, images, animations, artwork, audio, video, designs, sounds, themes, objects, characters, character names, stories, dialogue, concepts and trade-marks, the graphical design of the user interface, the “look-and-feel” of the user interface, all modifications, customizations and additions thereto, and all intellectual property rights therein. Our names and logos are our trade-marks and you must not use any of them without our consent. Except as expressly set out in this Agreement, you acquire no license to, or other rights in, the Game.
4. Game Account
The Game is currently accessible through Steam, and you must have a Steam account to access, download, and play the Game. You acknowledge and agree that your Steam account is provided and managed by Steam, not by us, and that your creation and use of that Steam account are subject to Steam applicable terms and conditions and privacy policies.
We reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party of its belief, that you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Game or to any product or service available through the Game for any reason or no reason, with or without notice. In the event of termination, your Account will be disabled, and you will not have access to your Account. You should be aware that, if your Account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content.
5. Age
The Game is available only to individuals who are of legal age to form a binding contract. The Game may be used by an individual older than 18.
You hereby confirm that you are at least 18 years of age, are of the age of majority in the jurisdiction from which you access the Game, and are an individual who can form a legally binding contract.
6. Interruptions, Errors and Downtime
Your use of the Game might be interrupted and will not be free of errors.
The Game may be unavailable from time to time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands. Where reasonably possible we will give you prior notice of any scheduled service interruptions.
7. Privacy
We respect your privacy and only collect, use and disclose your personal information as described in our Privacy Policy and in this Agreement. You hereby consent to the collection, use and disclosure of your personal information as described in this Agreement and our Privacy Policy.
You consent to our collection, use and disclosure of your name, contact information and other personal information to the extent necessary or desirable for us to communicate with you, monitor your compliance with this Agreement, and manage the Game. We may use aggregate, non-identifiable information about Game players for promotional and advertising purposes. We do not sell your personal information to third parties. If we suspect you of fraudulent or other criminal activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as permitted or required by law.
8. Your Responsibilities
You are solely responsible for obtaining and maintaining all computer equipment and Internet connections required to access and use the Game, at your sole expense. We do not guarantee that the Game will not conflict with other programs on your computer, and we will not be responsible for the workings or failures of your computer equipment, network, software or Internet access. The performance and proper functioning of the Game may be reduced or prevented if you are simultaneously using other software, and we recommend that you turn off any such programs when using the Game.
9. Restrictions on your Conduct
When using the Game or any product or service available through the Game you must comply with all applicable laws and with all of our policies and rules, as updated from time-to-time. In particular, but without limiting the foregoing, you must not:
hack, reverse engineer, disable, disrupt or interfere with the functioning of the Game, or modify the Game in any way;
use the Game in any manner that could damage or impair the Game or interfere with any other party's use and enjoyment of the Game;
harass or threaten any other user of the Game or any PinkPeach employee or representative;
impersonate another person, indicate that you are a PinkPeach employee or representative (if you are not) or attempt to mislead other players by indicating that you represent PinkPeach in any way;
attempt to gain unauthorized access to the Game, other accounts, computer systems or networks connected to the Game, through hacking, password mining or any other means;
upload to or transmit to us or any other player anything that may be defamatory, threatening, abusive, obscene, pornographic, harmful or invasive of anyone’s privacy, may violate any law including intellectual property, privacy or other laws, or may give rise to civil or other liability;
upload to or transmit to us or any other player any data, file or software that contains a virus, Trojan horse, worm, bot keystroke logger, time bomb, cancelbot or other computer programming routines that are intended to damage, interfere with intercept, mine, scrape or expropriate any system, data or personal information relating to the Game;
attempt to disable or circumvent any Game features that are designed to limit your access to certain information about Game users, and you otherwise will not access or attempt to access areas of the Game or its servers that have not been made available to the public;
use the Game for spamming, other advertising, or other bulk message transmission, or use the Game to promote or operate any service or commercial enterprise;
post or communicate any personally identifiable information about any other person, or use the Game to collect or harvest any information about any other person;
use abusive or offensive language during your use of the Game, including on any forums, chat rooms, or web sites; or
encourage, assist or attempt to trick other players into breaking this Agreement.
In addition to any other available remedies, we may suspend or terminate your access to the Game if you breach of any of these obligations.
10. Termination of Agreement
Without prejudice to any of our rights under this Agreement or at law or equity, we may terminate this Agreement and your access to the Game immediately if you breach this Agreement.