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Last Modified: February 25, 2020
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS CONTRACT, AND THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE BOUND BY THIS CONTRACT.
Super Mega Baseball 3 (the “Game”) is a computer video game developed by Metalhead Software Inc., a British Columbia company (“Metalhead”). “You” and “your” mean the user of the computer on which the Game will be or has been installed, and includes any online use.
WHEN YOU CLICK THE “ACCEPT” BUTTON BELOW, USE THE GAME, INSTALL THE GAME SOFTWARE (THE “SOFTWARE”) OR USE THE SUPERMEGABASEBALL.COM AND METALHEADSOFTWARE.COM WEBSITES AND RELATED WEBPAGES (COLLECTIVELY, THE “SITE”), YOU AGREE THAT THIS CONTRACT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS CONTRACT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE AND DO NOT INSTALL THE SOFTWARE. BY ENTERING INTO THIS CONTRACT, YOU REPRESENT THAT YOU ARE AN ADULT AND YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
Please note that in using the Site and/or the Game, you may be required to provide Metalhead with certain personally identifiable information. Please see the Metalhead Privacy Policy (the “Privacy Policy”) (metalheadsoftware.com/privacy-statement) for how we collect, use and disclose personal information.
I. LIMITED USE LICENSE
Subject to your compliance with this Contract, Metalhead grants you a limited, non-exclusive, non-transferable license to install and use (only with the Game): (i) the Software and related explanatory materials (“Documentation”); (ii) any Software upgrades, patches and updates made available by Metalhead (collectively, “Updates”); and (iii) the Site. The Software, the Game, and the Site made available to you by Metalhead (collectively, the “Properties”) are for your individual, non-commercial, entertainment purposes only. You cannot sell, copy, exchange, transfer, publish, assign or distribute the Software or the Game, or anything you copy or derive from the Software or the Game.
II. REQUIREMENTS
You must: (i) install a valid copy of the Software; and (ii) meet any Site hardware and connection requirements. Note that requirements may change. For all online play, you are fully responsible for the cost of all internet connection fees, along with all equipment, servicing or repair costs necessary to allow you play the Game online.
III. INFORMATION
A. General
The Site may be generally accessed by the public, but certain aspects of the Site or participation in the Game may require you to provide Metalhead with certain personal information. You must supply accurate and complete information and you must update that information promptly if it changes. Information you provide to Metalhead is governed by this Contract and may be used by Metalhead for a variety of internal purposes, including without limitation, to deal with security, support, purchases and similar issues with the Site or Game. If any information provided by you is untrue, inaccurate, not current or incomplete, Metalhead may terminate certain aspects of the use of the Game or not complete your purchases.
METALHEAD DOES NOT KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO METALHEAD.
B. Suspension/Termination.
By Metalhead. IN ADDITION TO ANY OTHER RIGHTS, METALHEAD RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ABILITY TO PLAY THE GAME (OR PART) ONLINE WITHOUT NOTICE OR LIABILITY TO YOU. Additionally, Metalhead may stop offering online play or supporting the Game at any time. For purposes of explanation and not limitation, most suspensions, terminations and/or deletions are the result of violation of this Contract, the Privacy Policy or the Community Code of Conduct (defined below).
By the Community. Metalhead has empowered its community of users (the “Community”) to provide information to Metalhead about the compliance of other users with the “Community Code of Conduct” (supermegabaseball.com/code-of-conduct), which outlines the principles of behavior related to the Game. Metalhead may, in its sole and absolute discretion, ban your use of the Game online and suspend or terminate your online use among other rights.
IV. ADDITIONAL LICENSE LIMITATIONS
Your limited license to the Software is subject to the restrictions in this Section IV. Your use of the Software that violates this Contract is an infringement of Metalhead’s intellectual property rights. You will not, under any circumstances:
A. sell, lease, rent, loan or otherwise transfer the Software, or transfer reproductions of the Software or the Game, to a third party;
B. copy, reproduce, translate, reverse engineer, decompile, derive source code from or disassemble, in whole or in part, the Software or the Game, or create derivative works based on the Game, except to use third party image and video capture software to capture the output of the Software as audio, video and/or still image files solely for personal, not for profit use pursuant to this Contract and any applicable Metalhead policies pertaining to audio or video creation;
C. modify or cause to be modified any files that are part of the Software in any way not expressly authorized by Metalhead;
D. commercially exploit the Game or Software, including but not limited to participating in the Game in exchange for payment (e.g. “leveling” services); or
E. use any unauthorized programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any programs that intercept, emulate or redirect any communication, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
V. OWNERSHIP
A. Intellectual Property
All rights and title in and to the Properties, and all content and information included in the Properties (including, without limitation, user accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Virtual Items (defined below), audio-visual effects, character likenesses and methods of operation) are owned by Metalhead or its licensors. The Properties, and all content and information included in the Properties, are protected by Canadian, U.S. and other international intellectual property laws. Metalhead and its licensors reserve all rights in connection with the Properties. Additionally, except as otherwise set forth in this Section V.A, Metalhead does not authorize you to make any use whatsoever of any Metalhead trademarks, service marks, trade names, logos, domain names, taglines and/or trade dress (collectively, the "Metalhead Marks") under any circumstances without a written license agreement. Any reproduction, redistribution or modification of the Properties, or use of the Properties not in accordance with this Contract, is expressly prohibited by law and may result in severe civil and criminal penalties.
Notwithstanding the above, Metalhead may make a "press kit" available to you (which may be located on the Site) that includes a limited license to use certain Metalhead Marks and other proprietary material. Except for the license expressly granted with the "press kit," Metalhead reserves all rights, title and interest in Metalhead Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to use on websites, on blogs, in forums, in signatures, on products or in printed or electronic publications.
B. Game Assets and Virtual Items
Metalhead may, but does not have the obligation to, delete, alter, “level”, “nerf”, move, remove or transfer any and all game assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Metalhead does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data existing on servers operated by Metalhead, including without limitation any game assets you have.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF METALHEAD. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME ASSETS OR VIRTUAL ITEMS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR GAME ASSETS OR VIRTUAL ITEMS. FURTHERMORE, METALHEAD SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS OR VIRTUAL ITEMS, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS OR VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF CERTAIN ASPECTS OF THE GAME, INCLUDING ONLINE PLAY.
C. Unsolicited Idea Submissions
Metalhead does not accept or consider unsolicited ideas, original creative artwork or other works, including, but not limited to, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Do not send your Unsolicited Ideas to Metalhead or its employees and/or contractors. If you submit your Unsolicited Ideas to Metalhead, you agree to grant Metalhead and its designees a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform and display, digitally perform, make, have made, sell, offer for sale, commercially exploit and import your Unsolicited Ideas for any purpose without condition or compensation to you. You will do anything necessary or desirable, including signing documents, to ensure that Metalhead has all the rights noted above. You also give up any claim that any use by Metalhead and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas included therein.
VI. PROHIBITED CONDUCT
While using any of the Properties, you agree to comply with all applicable laws and Metalhead’s rules and regulations. You also agree to comply with the following rules (the “Prohibited Conduct”). The Prohibited Conduct is not a complete list. Metalhead may modify the Prohibited Conduct at any time, as well as take appropriate disciplinary measures to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited. In addition to the Prohibited Conduct, please see the Community Code of Conduct for additional guidance on exemplary game-play behavior. The following are a few examples of behavior that are Prohibited Conduct:
A. Impersonating any person, business or entity, including an employee of Metalhead, or communicating in any way that makes it appear that the communication originates from Metalhead;
B. Posting identifying information about yourself, or any other user, to the Site or within the Game;
C. Harassing, stalking or threatening any other users;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Metalhead contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which Metalhead solely determines is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit or racially, ethnically or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of Metalhead, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of Metalhead, defrauds any other user of the Game, including, but not limited to, by "scamming" or "social engineering;”
J. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
K. Selecting a username and/or character name that is falsely indicative of an association with Metalhead, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on username and character name choices. Metalhead may modify any name which, in the sole and exclusive judgment of Metalhead, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations; or
L. Logging out or exiting the Game during live gameplay. Metalhead’s automated system tracks this data over time and may issue a temporary ban when a user is determined to have left mid-game too many times. The length of the temporary ban will increase over time if you continue to leave live game play.
VII. USER CONTENT
A. Ownership
“Content” means any communications, images, sounds and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any in-Game real-time interactive chat (“Chat”).
You agree that you are fully responsible for and are the owner of any and all Content you upload or transmit. However, you grant to Metalhead, at no cost, from the time of uploading or transmission of the Content, non-exclusively, all now known or hereafter existing and future copyrights and all other intellectual property rights of every kind and nature to all Content, forever (or for the maximum duration of protection afforded by applicable law), worldwide. In the event that any of the Content is not licensable, you grant to Metalhead and its licensors, and their successors and assigns, at no cost, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof. You will do anything necessary or desirable, including signing documents, to ensure that Metalhead has all the rights noted above. You also waive any moral rights you may have in the Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Metalhead and Metalhead will not be liable for any use or disclosure of any Content. You agree that you will not upload or otherwise transmit any Content that is subject to any third-party rights on or through the Site or the Game.
Metalhead may edit, refuse to post or remove any Content. Metalhead also may disclose any Content for any reason, including, without limitation: (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Contract or any other agreement; (iii) to protect the legal rights and remedies of Metalhead; (iv) where someone’s health or safety may be threatened; (v) to report a crime or other offensive behavior; or (vi) as part of Community Code of Conduct proceedings.
You agree that you have no expectation of privacy concerning the submission of any Content or use of the Properties. Metalhead is not responsible or liable for Content generated by users of the Site and/or Game.
VIII. COMPUTER MONITORING
When you are using the Software, the Software may monitor your computer's random-access memory (RAM) for unauthorized third-party programs attempting to access, use or control the Software. In the event that the Software detects an unauthorized third-party program, information may be communicated back to Metalhead including your internet protocol (IP) address, details about the unauthorized third-party program detected and the time and date that the unauthorized third-party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to Metalhead with the Software. If the Software detects the use of an unauthorized program, your access to the Game may be terminated with or without additional notice to you.
IX. UPDATES AND MODIFICATIONS
A. Properties
Metalhead may provide Updates to the Software that must be installed for you to continue to play the Game. Each time you launch the Software to play the Game, you give your consent to Metalhead to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you. Metalhead may change, modify, suspend, “nerf” or restrict your access to any feature or part of the Properties at any time without notice or liability to you.
B. Contract
Metalhead may, in its sole and absolute discretion, change this Contract at any time with or without prior notice. You are responsible for checking this Contract for changes. If the Software requires an Update at the time you launch the Software to access the Game, you will also have the opportunity to review and to accept or reject the current version of this Contract. If any changes to this Contract are unacceptable to you or you no longer agree or comply with this Contract, you may terminate this Contract and must immediately uninstall the Software. Your continued use of the Game following any revision to this Contact constitutes your complete and irrevocable acceptance of any and all such changes.
X. LINKS
The Site may contain links to websites operated by other parties. Metalhead provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. Metalhead is not responsible for the content available on the other sites, and does not endorse information or material on any other site.
XI. FEES
Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party platform or payment provider used by Metalhead.
XII. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that content posted on the Site by an Metalhead user infringes upon your copyright, please email us at info@metalheadsoftware.com for instructions on sending us a notice of copyright infringement. If the user who has infringed your copyright can be identified, Metalhead will forward your notice of copyright infringement to that user. If the Metalhead user cannot be identified, Metalhead will notify you that your notice of copyright infringement was not forwarded.
XIII. TERMINATION OF CONTRACT
You may terminate this Contract at any time by notifying Metalhead. Metalhead may terminate this Contract at any time immediately for any breach of this Contract by you. Upon termination, whether by you or Metalhead, any license granted to you in this Contract immediately terminates, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.
XIV. TERMINATION OR CHANGE OF GAME SERVICE
Aspects of the Game are provided online and must be played over the internet through a service provided by or on behalf of Metalhead. Metalhead, in its sole and absolute discretion, may stop providing support for or access to the Game at any time for any reason.
Metalhead may change, modify, suspend, “nerf,” discontinue or restrict your access to any features, content or parts of the Properties at any time without notice or liability to you.
XV. WARRANTY DISCLAIMER
THE PROPERTIES ARE PROVIDED TO YOU AT YOUR SOLE RISK ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. METALHEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. METALHEAD DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may, in whole or in part, not apply to you.
XVI. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS METALHEAD FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY PROVISION OF THIS CONTRACT. Metalhead reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Metalhead in asserting any available defenses.
XVII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL METALHEAD BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (OR FOR DAMAGES FOR LOSS OF BUSINESS, DATA, GOOD WILL OR PROFITS), OR ANY DAMAGES FOR NEGLIGENCE OF ANY KIND, ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF METALHEAD KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, METALHEAD SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. METALHEAD SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL METALHEAD BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO METALHEAD FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
METALHEAD IS NOT RESPONSIBLE FOR ANY STATEMENTS, ERRORS OR OMISSIONS IN POSTINGS, FOR HYPERLINKS EMBEDDED IN MESSAGES OR FOR ANY RESULTS OBTAINED FROM THE USE OF THE INFORMATION CONTAINED IN THE PROPERTIES.
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 Metalhead shall be limited to the fullest extent permitted by applicable law.
XVIII. EQUITABLE REMEDIES
You hereby agree that Metalhead would suffer irreparable harm if this Contract were violated by you. Therefore, in addition to such monetary and other relief as may be recoverable at law, you agree that Metalhead shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Contract.
XIX. GOVERNING LAW
A. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the applicable federal laws of Canada, without regard to conflict of law principles. You hereby irrevocably submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of this Contract, however arising. Metalhead may seek and obtain injunctive relief in any jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This Contract will be interpreted to give maximum effect to the terms and conditions in this Contract, regardless of your local laws. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
XX. MISCELLANEOUS
A. Assignment
Metalhead may assign this Contract, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Contract or any right or obligation that you have under this Contract without Metalhead’s prior written consent, and any unauthorized assignment by you is null and void.
B. Customer Contact
If you have any questions concerning these terms and conditions, or if you would like to contact Metalhead for any other reason, please contact Metalhead support at info@metalheadsoftware.com.
C. Entire Agreement
This Contract represents the complete agreement between you and Metalhead concerning the Properties and the subject matter of the Contract, and supersedes any prior or contemporaneous agreements between you and Metalhead; provided however that this Contract shall coexist with, and shall not supersede, the Privacy Policy.
D. Force Majeure
Metalhead is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Metalhead, including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond Metalhead’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
E. Location
The Site and the Game are operated by Metalhead in Canada. Those who choose to access the Site and/or the Game from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws.
F. No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and Metalhead as a result of this Contract or your use of the Properties.
G. No Waiver
Metalhead’s failure to enforce any provision of this Contract will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Metalhead of any provision, condition or requirement of this Contract will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
H. Notices
Except as otherwise expressly provided herein, all notices given by you or required under this Contract must be in writing and addressed to: Metalhead Software Inc., at info@metalheadsoftware.com, and are deemed received the day after Metalhead receives them.
I. Section Headings
The section headings used herein are for convenience only and will not affect the interpretation of this Contract or have any other legal effect.
K. Survival
The provisions of Sections V, VII.A, XI and XV-XXI will survive any termination of this Contract, and such other provisions which by their nature, ought reasonably to survive.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS CONTRACT, AND THAT BY CLICKING “ACCEPT” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE BOUND BY THIS CONTRACT.
Super Mega Baseball 3 (the “Game”) is a computer video game developed by Metalhead Software Inc., a British Columbia company (“Metalhead”). “You” and “your” mean the user of the computer on which the Game will be or has been installed, and includes any online use.
WHEN YOU CLICK THE “ACCEPT” BUTTON BELOW, USE THE GAME, INSTALL THE GAME SOFTWARE (THE “SOFTWARE”) OR USE THE SUPERMEGABASEBALL.COM AND METALHEADSOFTWARE.COM WEBSITES AND RELATED WEBPAGES (COLLECTIVELY, THE “SITE”), YOU AGREE THAT THIS CONTRACT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS CONTRACT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE AND DO NOT INSTALL THE SOFTWARE. BY ENTERING INTO THIS CONTRACT, YOU REPRESENT THAT YOU ARE AN ADULT AND YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
Please note that in using the Site and/or the Game, you may be required to provide Metalhead with certain personally identifiable information. Please see the Metalhead Privacy Policy (the “Privacy Policy”) (metalheadsoftware.com/privacy-statement) for how we collect, use and disclose personal information.
I. LIMITED USE LICENSE
Subject to your compliance with this Contract, Metalhead grants you a limited, non-exclusive, non-transferable license to install and use (only with the Game): (i) the Software and related explanatory materials (“Documentation”); (ii) any Software upgrades, patches and updates made available by Metalhead (collectively, “Updates”); and (iii) the Site. The Software, the Game, and the Site made available to you by Metalhead (collectively, the “Properties”) are for your individual, non-commercial, entertainment purposes only. You cannot sell, copy, exchange, transfer, publish, assign or distribute the Software or the Game, or anything you copy or derive from the Software or the Game.
II. REQUIREMENTS
You must: (i) install a valid copy of the Software; and (ii) meet any Site hardware and connection requirements. Note that requirements may change. For all online play, you are fully responsible for the cost of all internet connection fees, along with all equipment, servicing or repair costs necessary to allow you play the Game online.
III. INFORMATION
A. General
The Site may be generally accessed by the public, but certain aspects of the Site or participation in the Game may require you to provide Metalhead with certain personal information. You must supply accurate and complete information and you must update that information promptly if it changes. Information you provide to Metalhead is governed by this Contract and may be used by Metalhead for a variety of internal purposes, including without limitation, to deal with security, support, purchases and similar issues with the Site or Game. If any information provided by you is untrue, inaccurate, not current or incomplete, Metalhead may terminate certain aspects of the use of the Game or not complete your purchases.
METALHEAD DOES NOT KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO METALHEAD.
B. Suspension/Termination.
By Metalhead. IN ADDITION TO ANY OTHER RIGHTS, METALHEAD RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ABILITY TO PLAY THE GAME (OR PART) ONLINE WITHOUT NOTICE OR LIABILITY TO YOU. Additionally, Metalhead may stop offering online play or supporting the Game at any time. For purposes of explanation and not limitation, most suspensions, terminations and/or deletions are the result of violation of this Contract, the Privacy Policy or the Community Code of Conduct (defined below).
By the Community. Metalhead has empowered its community of users (the “Community”) to provide information to Metalhead about the compliance of other users with the “Community Code of Conduct” (supermegabaseball.com/code-of-conduct), which outlines the principles of behavior related to the Game. Metalhead may, in its sole and absolute discretion, ban your use of the Game online and suspend or terminate your online use among other rights.
IV. ADDITIONAL LICENSE LIMITATIONS
Your limited license to the Software is subject to the restrictions in this Section IV. Your use of the Software that violates this Contract is an infringement of Metalhead’s intellectual property rights. You will not, under any circumstances:
A. sell, lease, rent, loan or otherwise transfer the Software, or transfer reproductions of the Software or the Game, to a third party;
B. copy, reproduce, translate, reverse engineer, decompile, derive source code from or disassemble, in whole or in part, the Software or the Game, or create derivative works based on the Game, except to use third party image and video capture software to capture the output of the Software as audio, video and/or still image files solely for personal, not for profit use pursuant to this Contract and any applicable Metalhead policies pertaining to audio or video creation;
C. modify or cause to be modified any files that are part of the Software in any way not expressly authorized by Metalhead;
D. commercially exploit the Game or Software, including but not limited to participating in the Game in exchange for payment (e.g. “leveling” services); or
E. use any unauthorized programs that interact with the Software in any way, including but not limited to, “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” or automation programs, or any programs that intercept, emulate or redirect any communication, or that collect information about the Game by reading areas of memory used by the Software to store information about the Game.
V. OWNERSHIP
A. Intellectual Property
All rights and title in and to the Properties, and all content and information included in the Properties (including, without limitation, user accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Virtual Items (defined below), audio-visual effects, character likenesses and methods of operation) are owned by Metalhead or its licensors. The Properties, and all content and information included in the Properties, are protected by Canadian, U.S. and other international intellectual property laws. Metalhead and its licensors reserve all rights in connection with the Properties. Additionally, except as otherwise set forth in this Section V.A, Metalhead does not authorize you to make any use whatsoever of any Metalhead trademarks, service marks, trade names, logos, domain names, taglines and/or trade dress (collectively, the "Metalhead Marks") under any circumstances without a written license agreement. Any reproduction, redistribution or modification of the Properties, or use of the Properties not in accordance with this Contract, is expressly prohibited by law and may result in severe civil and criminal penalties.
Notwithstanding the above, Metalhead may make a "press kit" available to you (which may be located on the Site) that includes a limited license to use certain Metalhead Marks and other proprietary material. Except for the license expressly granted with the "press kit," Metalhead reserves all rights, title and interest in Metalhead Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to use on websites, on blogs, in forums, in signatures, on products or in printed or electronic publications.
B. Game Assets and Virtual Items
Metalhead may, but does not have the obligation to, delete, alter, “level”, “nerf”, move, remove or transfer any and all game assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Metalhead does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data existing on servers operated by Metalhead, including without limitation any game assets you have.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF METALHEAD. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME ASSETS OR VIRTUAL ITEMS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR GAME ASSETS OR VIRTUAL ITEMS. FURTHERMORE, METALHEAD SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS OR VIRTUAL ITEMS, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS OR VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF CERTAIN ASPECTS OF THE GAME, INCLUDING ONLINE PLAY.
C. Unsolicited Idea Submissions
Metalhead does not accept or consider unsolicited ideas, original creative artwork or other works, including, but not limited to, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Do not send your Unsolicited Ideas to Metalhead or its employees and/or contractors. If you submit your Unsolicited Ideas to Metalhead, you agree to grant Metalhead and its designees a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform and display, digitally perform, make, have made, sell, offer for sale, commercially exploit and import your Unsolicited Ideas for any purpose without condition or compensation to you. You will do anything necessary or desirable, including signing documents, to ensure that Metalhead has all the rights noted above. You also give up any claim that any use by Metalhead and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas included therein.
VI. PROHIBITED CONDUCT
While using any of the Properties, you agree to comply with all applicable laws and Metalhead’s rules and regulations. You also agree to comply with the following rules (the “Prohibited Conduct”). The Prohibited Conduct is not a complete list. Metalhead may modify the Prohibited Conduct at any time, as well as take appropriate disciplinary measures to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited. In addition to the Prohibited Conduct, please see the Community Code of Conduct for additional guidance on exemplary game-play behavior. The following are a few examples of behavior that are Prohibited Conduct:
A. Impersonating any person, business or entity, including an employee of Metalhead, or communicating in any way that makes it appear that the communication originates from Metalhead;
B. Posting identifying information about yourself, or any other user, to the Site or within the Game;
C. Harassing, stalking or threatening any other users;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Metalhead contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which Metalhead solely determines is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit or racially, ethnically or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of Metalhead, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of Metalhead, defrauds any other user of the Game, including, but not limited to, by "scamming" or "social engineering;”
J. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
K. Selecting a username and/or character name that is falsely indicative of an association with Metalhead, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on username and character name choices. Metalhead may modify any name which, in the sole and exclusive judgment of Metalhead, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations; or
L. Logging out or exiting the Game during live gameplay. Metalhead’s automated system tracks this data over time and may issue a temporary ban when a user is determined to have left mid-game too many times. The length of the temporary ban will increase over time if you continue to leave live game play.
VII. USER CONTENT
A. Ownership
“Content” means any communications, images, sounds and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any in-Game real-time interactive chat (“Chat”).
You agree that you are fully responsible for and are the owner of any and all Content you upload or transmit. However, you grant to Metalhead, at no cost, from the time of uploading or transmission of the Content, non-exclusively, all now known or hereafter existing and future copyrights and all other intellectual property rights of every kind and nature to all Content, forever (or for the maximum duration of protection afforded by applicable law), worldwide. In the event that any of the Content is not licensable, you grant to Metalhead and its licensors, and their successors and assigns, at no cost, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof. You will do anything necessary or desirable, including signing documents, to ensure that Metalhead has all the rights noted above. You also waive any moral rights you may have in the Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Metalhead and Metalhead will not be liable for any use or disclosure of any Content. You agree that you will not upload or otherwise transmit any Content that is subject to any third-party rights on or through the Site or the Game.
Metalhead may edit, refuse to post or remove any Content. Metalhead also may disclose any Content for any reason, including, without limitation: (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Contract or any other agreement; (iii) to protect the legal rights and remedies of Metalhead; (iv) where someone’s health or safety may be threatened; (v) to report a crime or other offensive behavior; or (vi) as part of Community Code of Conduct proceedings.
You agree that you have no expectation of privacy concerning the submission of any Content or use of the Properties. Metalhead is not responsible or liable for Content generated by users of the Site and/or Game.
VIII. COMPUTER MONITORING
When you are using the Software, the Software may monitor your computer's random-access memory (RAM) for unauthorized third-party programs attempting to access, use or control the Software. In the event that the Software detects an unauthorized third-party program, information may be communicated back to Metalhead including your internet protocol (IP) address, details about the unauthorized third-party program detected and the time and date that the unauthorized third-party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. No other information about you or your computer will be communicated to Metalhead with the Software. If the Software detects the use of an unauthorized program, your access to the Game may be terminated with or without additional notice to you.
IX. UPDATES AND MODIFICATIONS
A. Properties
Metalhead may provide Updates to the Software that must be installed for you to continue to play the Game. Each time you launch the Software to play the Game, you give your consent to Metalhead to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you. Metalhead may change, modify, suspend, “nerf” or restrict your access to any feature or part of the Properties at any time without notice or liability to you.
B. Contract
Metalhead may, in its sole and absolute discretion, change this Contract at any time with or without prior notice. You are responsible for checking this Contract for changes. If the Software requires an Update at the time you launch the Software to access the Game, you will also have the opportunity to review and to accept or reject the current version of this Contract. If any changes to this Contract are unacceptable to you or you no longer agree or comply with this Contract, you may terminate this Contract and must immediately uninstall the Software. Your continued use of the Game following any revision to this Contact constitutes your complete and irrevocable acceptance of any and all such changes.
X. LINKS
The Site may contain links to websites operated by other parties. Metalhead provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. Metalhead is not responsible for the content available on the other sites, and does not endorse information or material on any other site.
XI. FEES
Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party platform or payment provider used by Metalhead.
XII. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that content posted on the Site by an Metalhead user infringes upon your copyright, please email us at info@metalheadsoftware.com for instructions on sending us a notice of copyright infringement. If the user who has infringed your copyright can be identified, Metalhead will forward your notice of copyright infringement to that user. If the Metalhead user cannot be identified, Metalhead will notify you that your notice of copyright infringement was not forwarded.
XIII. TERMINATION OF CONTRACT
You may terminate this Contract at any time by notifying Metalhead. Metalhead may terminate this Contract at any time immediately for any breach of this Contract by you. Upon termination, whether by you or Metalhead, any license granted to you in this Contract immediately terminates, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.
XIV. TERMINATION OR CHANGE OF GAME SERVICE
Aspects of the Game are provided online and must be played over the internet through a service provided by or on behalf of Metalhead. Metalhead, in its sole and absolute discretion, may stop providing support for or access to the Game at any time for any reason.
Metalhead may change, modify, suspend, “nerf,” discontinue or restrict your access to any features, content or parts of the Properties at any time without notice or liability to you.
XV. WARRANTY DISCLAIMER
THE PROPERTIES ARE PROVIDED TO YOU AT YOUR SOLE RISK ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. METALHEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. METALHEAD DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may, in whole or in part, not apply to you.
XVI. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS METALHEAD FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY PROVISION OF THIS CONTRACT. Metalhead reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Metalhead in asserting any available defenses.
XVII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL METALHEAD BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (OR FOR DAMAGES FOR LOSS OF BUSINESS, DATA, GOOD WILL OR PROFITS), OR ANY DAMAGES FOR NEGLIGENCE OF ANY KIND, ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF METALHEAD KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, METALHEAD SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME. METALHEAD SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL METALHEAD BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO METALHEAD FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
METALHEAD IS NOT RESPONSIBLE FOR ANY STATEMENTS, ERRORS OR OMISSIONS IN POSTINGS, FOR HYPERLINKS EMBEDDED IN MESSAGES OR FOR ANY RESULTS OBTAINED FROM THE USE OF THE INFORMATION CONTAINED IN THE PROPERTIES.
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 Metalhead shall be limited to the fullest extent permitted by applicable law.
XVIII. EQUITABLE REMEDIES
You hereby agree that Metalhead would suffer irreparable harm if this Contract were violated by you. Therefore, in addition to such monetary and other relief as may be recoverable at law, you agree that Metalhead shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Contract.
XIX. GOVERNING LAW
A. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the applicable federal laws of Canada, without regard to conflict of law principles. You hereby irrevocably submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of this Contract, however arising. Metalhead may seek and obtain injunctive relief in any jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This Contract will be interpreted to give maximum effect to the terms and conditions in this Contract, regardless of your local laws. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
XX. MISCELLANEOUS
A. Assignment
Metalhead may assign this Contract, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Contract or any right or obligation that you have under this Contract without Metalhead’s prior written consent, and any unauthorized assignment by you is null and void.
B. Customer Contact
If you have any questions concerning these terms and conditions, or if you would like to contact Metalhead for any other reason, please contact Metalhead support at info@metalheadsoftware.com.
C. Entire Agreement
This Contract represents the complete agreement between you and Metalhead concerning the Properties and the subject matter of the Contract, and supersedes any prior or contemporaneous agreements between you and Metalhead; provided however that this Contract shall coexist with, and shall not supersede, the Privacy Policy.
D. Force Majeure
Metalhead is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Metalhead, including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond Metalhead’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
E. Location
The Site and the Game are operated by Metalhead in Canada. Those who choose to access the Site and/or the Game from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws.
F. No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and Metalhead as a result of this Contract or your use of the Properties.
G. No Waiver
Metalhead’s failure to enforce any provision of this Contract will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Metalhead of any provision, condition or requirement of this Contract will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
H. Notices
Except as otherwise expressly provided herein, all notices given by you or required under this Contract must be in writing and addressed to: Metalhead Software Inc., at info@metalheadsoftware.com, and are deemed received the day after Metalhead receives them.
I. Section Headings
The section headings used herein are for convenience only and will not affect the interpretation of this Contract or have any other legal effect.
K. Survival
The provisions of Sections V, VII.A, XI and XV-XXI will survive any termination of this Contract, and such other provisions which by their nature, ought reasonably to survive.