War for the Overworld – End User Licence Agreement
1. About us
1.1 This is an end user licence agreement (a “EULA”), which is a contract between you and Brightrock Games Limited. Brightrock Games Limited is a limited liability company registered in England and Wales with registration number 09798155. Its registered office address is at 2nd Floor Wenlock House, 41 North Street, Brighton, East Sussex, United Kingdom, BN1 1RH. It is also referred to in this as “Brightrock” and as “we” or “us” or “our” (depending on what makes the most sense).
2. About this agreement
2.1 This EULA applies to our game War for the Overworld (“WFTO”). In this EULA, references to WFTO include all elements of the game, including but not limited to the software included in the game (including components of the game that we have licensed from third parties) and all updates and add-ons to the software.
2.2 If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf (because in some countries people under the age of 18 cannot legally enter into contracts like this EULA).
2.3 Please read this EULA carefully because it is an important document. If you have any queries, please contact email@example.com.
2.5 If you think that this EULA is not complete in any respect, please contact us as soon as possible at firstname.lastname@example.org. If you do not do so within a reasonable period after you have installed WFTO or started to play WFTO, then you shall be considered to have agreed to the terms of this EULA.
3. Using the software
3.2 You may not transfer this licence or give anyone else a licence to use WFTO in any way unless we agree in writing beforehand.
3.3 By installing WFTO or playing it online you agree that this game is supplied on an “as is” basis, may contain bugs or issues with performance and may not be in its finished form.
4. Game components used under licence
4.1.1 In order to use the multiplayer functions of WFTO you will need to have an account with Valve Software’s Steam service (“Steam”) or GOG Galaxy service (“GOG”). You should familiarise yourself with the terms and conditions of the Steam service and GOG service where applicable. Steam and/or GOG may require you to take further steps in order to use WFTO. We are not responsible for performance or the contents of any contract between you and Steam and/or GOG that may affect your ability to use WFTO.
4.2 Unity Technologies
5. Technical requirements
5.1 By using WFTO you agree that you have the necessary hardware, software and capability (including a suitable connection to the Internet) required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of WFTO as updated occasionally.
6. Patches, updates and changes
6.1 From time to time, we may at our discretion deploy or provide patches, updates, additional content or other modifications to WFTO (for example to enhance online gameplay, to add new features or to resolve software bugs). You grant us your consent to deploy and apply such patches, updates or other modifications to WFTO automatically.
6.2 From time to time, we may also at our discretion remove or suspend access to particular features, content or other parts of WFTO. (We need these rights in order to keep WFTO running efficiently, because practically we cannot ask you in advance for approval of any patches, updates or other modifications or the removal of any features or content from WFTO).
6.3 Please note that we may at our discretion choose to release patches, updates, changes and additional content to one platform only.
7. Intellectual property and user generated content
7.1 WFTO, including the graphics, gameplay, user interface, audio and other content, contains proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. We own or license all of this proprietary information and material and you may not use or exploit this proprietary information or material or provide this proprietary information or material to any person except as expressly permitted to do so by this EULA.
7.2 When playing WFTO you will have the opportunity to create user generated content (“Content”) including but not limited to text, graphics, audio, levels, maps, in-game characters, structures and equipment. You own the copyright in any Content you create.
7.3 You grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and licence to make unrestricted use of your Content (including but not limited to broadcasting, displaying, modifying, adapting, publicising, distributing or selling it) and agree that we have no obligation to notify you, pay you or ask permission to do so. You waive all moral rights over any Content that we use under this paragraph 7.3, which means that we do not have to credit you as the author of the Content.
7.4 There are certain types of Content, described in this paragraph 7.4, which you must not create, distribute or import into WFTO (“Prohibited Content”). To do so is a breach of this EULA. Content will be Prohibited Content if it is:
7.4.1 owned wholly or partly by anyone else (this includes any Content or other material or information which is copyrighted, confidential, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights);
7.4.7 involves a breach of privacy; or
7.4.7 contains defamatory statements.
7.5 We are unable to directly monitor Content, so if you become aware of Prohibited Content, please notify us at email@example.com.
7.6 While liability for Prohibited Content remains with the individual or group who has created it, we reserve the right to take steps against any individual or group who creates or distributes Prohibited Content with the aim of preventing them from continuing to do so, and removing the Prohibited Content. These may include issuing warnings and, in extreme circumstances, taking steps to prevent an individual or group from using the game.
8. Video policy
8.1 We allow you to make gameplay videos of WFTO (“Videos”) and publish these on your website, YouTube or similar video sharing websites such as Twitch on the following conditions:
8.1.1 You may not take assets (such as graphics, voice, music or other items) from the WFTO game content and publish or distribute these separately.
8.1.2 Except as provided for in (c) below, any use of WFTO in Videos must be non-commercial and you may not sell or license Videos to others for payment.
8.1.3 You may monetise Videos you have created through the YouTube partner programme or other similar programmes and video sharing websites.
8.1.4 Videos must not contain Prohibited Content.
8.1.5 We retain the exclusive right to give you notice in writing (including email) requiring you to remove any Video you have created from any website if we believe that it does not comply with the guidelines set out in section 7.4. You must do this within 7 days from receipt of the notice. If you do not comply you will be in breach of this EULA.
9. What you must not do
9.1 You must not do or attempt to do (either yourself or via someone else) any of the following without our prior written permission:
9.1.1 To use WFTO for any purpose except your personal enjoyment (for example, you may not use WFTO or any element of WFTO for commercial gain except as specifically permitted in this EULA).
9.1.2 Except as authorised by us in this EULA (or as permitted by law) to copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble the software included in WFTO or create adaptations of WFTO or derivative works based on WFTO.
9.1.3 To hack, distribute, modify, transmit, harm, or misuse WFTO.
9.1.4 To do or say anything which is or may be considered racist, sexist, defamatory or otherwise offensive or illegal within the game environment.
9.2 Please make sure you fully understand and comply with these requirements, since failure to do so can lead to serious legal consequences.
10.1 We warrant that
10.1.1 We have the right to enter this EULA and to grant you the licence to use WFTO set out in section 3.
10.1.2 We will use reasonable skill and care to give you access to WFTO.
10.1.3 We will use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.
11. Limitation of liability
11.1 However, please also note that:
11.1.1 We provide WFTO for personal entertainment, on an “as is” basis. This means that we make no promise about the features, content or other parts of WFTO from time to time.
11.1.2 We make no warranties in any way regarding whether WFTO or any part of it is of satisfactory quality or fit for purpose or for a particular use.
11.1.3 We do not make any warranties regarding the operation of WFTO or that it will be uninterrupted or error free.
11.2 The terms set out in this paragraph 11 do not limit any consumer rights which we cannot exclude under applicable law, nor do they exclude or limit our liability for death or personal injury resulting from our negligence or for any fraudulent representation.
12. Force majeure
12.1 We will not be liable for any failure to perform any obligation under this EULA if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.
13.1 If either of us does not comply with a term of this EULA and the other party does not take any action, this neither means that the other party is giving up any rights it may have nor prevents it from taking action in the future.
13.2 If any part of this EULA is not enforceable, this will not affect any other terms.
13.3 This EULA governs our relationship with you. It does not create any rights for any other person.
14. Governing law
14.1 You and we agree that your use of WFTO, and this EULA, shall be governed by and interpreted according to the laws of England and Wales and that any dispute regarding this EULA shall be heard exclusively by the courts of England and Wales.
15. Changes to this EULA
15.1 We may vary this EULA as and when we consider it appropriate or necessary for legal reasons or to reflect changes in WFTO. If so, then we will make the revised EULA available at http://wftogame.com.
- our websites, including https://subterraneangames.com, http://www.brightrockgames.com and https://wftogame.com (our “Sites”);
- any of our games, products or services, including mobile applications on iOS, Android and any other applicable mobile platform; and
- any of our games, products or services (including support services) which may be accessible via a web application, third party platform or social networking service (including Kickstarter and Facebook).
Who we are
Brightrock Games Limited (“we”, “our”, “us”) is a company registered in England and Wales (registration number 09798155). Our registered office address is at 2nd Floor Wenlock House, 41 North Street, Brighton, East Sussex, United Kingdom, BN1 1RH.
We are the data controller under the Data Protection Act 1998. We respect your right to privacy and will only process personal information you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws.
A quick word about children
We recognise we have a special obligation to protect personal information obtained from children. We do not and will not knowingly collect information from any unsupervised child under the age of 13. For children under the age of 13 wishing to use the Services, written permission or other verifiable consent is required from a parent or guardian (details of which can be obtained from firstname.lastname@example.org. In some countries, prior written permission or other verifiable consent may be also required from a parent or guardian for children under 18 years of age.
Information which we collect
The kinds of information which we may process include:
- Your name;
- Your email address;
- Your Steam user name or any other name used to identify yourself in any Services;
- Any other information with which you supply us via the Services;
- Technical or other details about any device which you use to access the Services, including: Internet and/or network connection (including your IP address); your Media Access Control (MAC); any device Unique Device Identifier (UDID) or equivalent; your operating system, browser type or other software; your hardware or mobile device details (including your mobile device type and number and mobile carrier details), if applicable; or other technical details. This is technical data about our users and their actions and patterns, which we do not believe identifies any individual;
- Details of your use of our Services including, but not limited to: metrics information about when and how you use the Services; traffic data; and your geographical location data;
- Details of your Steam account (but not any financial details);
- Details about your use of social networking and our Services. This may include certain information from Facebook or other social media networks (including access to your friends list as well as aggregated non-personal analytics data about our users) in accordance with Facebook’s and other networks’ terms and conditions; and
- Other personal or business information required in order to help you with any queries or support matters you may need assistance with via our forums or customer support service.
How we collect information:
We may collect and process information about you through the following means:
- Information that you give us via any of our Services, including any of our games;
- Information given when you contact us or report a problem with any of the Services; and
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- We may collect this information via our Services or third party services connected with them.
Where we store your personal information
If you have a password which enables you to access certain parts of our Sites, you are responsible for keeping this password confidential. Please don’t share it with anyone.
All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our servers via any of our Services; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of your information
By providing us with the information about you discussed above, you consent for us to use that information in the following ways:
- To ensure that content from our Services is presented in the most effective manner for you and for your computer or other device from which you access the Services;
- To provide you with information, products or services that you request from us or which we feel may interest you;
- To carry out our obligations arising from any contracts between you and us;
- To allow you to participate in interactive features of our Services, when you choose to do so;
- To notify you about changes to our Services;
- To improve or modify the Services, for example based on how you play our games; and
- To calculate conversion rates and other elements of Services’ performance.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate and/or anonymised information about our users to help advertisers reach the kind of audience they want to target. We may make use of the information we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Please remember that any communications you have via our Services, including for example our games, may reveal your screen name, other details about you and the content of any communications by you to other users. We are not responsible for the activities of other users or other third parties whom you choose to provide your information to or otherwise interact with (whether via our Services or otherwise)
Third party sites
Our Services may, from time to time, contain links to and from the websites or services of partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites or services may have their own privacy policies and that we do not accept any responsibility or liability for these policies, nor do we endorse such websites or services. Please check carefully before you submit any personal information to these websites or services
You have the right to ask us not to process your personal information for marketing purposes by contacting us at email@example.com. The Data Protection Act gives you the right to access information held about you. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. You may also email us at firstname.lastname@example.org to request that we delete your personal information from our database. We will use commercially reasonable efforts to honour your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.