These Terms forms a part of and should be read in conjunction with our Privacy Policy, which can be found here: http://milestone.it/note-legali-e-privacy/.

TERMS OF USE for MILESTONE’S VIDEOGAMES ISSUED BY MILESTONE S.r.L.
Last updated 09 October 2018

INTRODUCTION
Milestone’s Videogame (the “Game“) is brought to you by Milestone S.r.L. (“Milestone” / “we” / “us”). Our office is at Via Olona 2, 20123 Milan, Italy. We are a company registered in Italy, with company number 11669680156.

If you have any questions or comments about these Terms please contact us via the support page for the Game available here http://milestone.it/supporto/?lang=en (“Support Services”)

THESE TERMS AND CONDITIONS (“TERMS”) APPLY AND SHALL HAVE EFFECT IN RESPECT OF ALL USE OF THE GAME. THESE TERMS ARE IN ADDITION TO ANY APPLICABLE TERMS AND CONDITIONS OF ANY PLATFORM ON WHICH WE MAKE THE GAME AVAILABLE (“PLATFORM TERMS”). THE PLATFORM TERMS ARE THEREFORE DEEMED INCORPORATED INTO THESE TERMS.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING THE GAME (WHICH INCLUDES THE RELATED ONLINE SERVICE). IF YOU DO NOT AGREE WITH THESE TERMS YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.

PLEASE NOTE THAT THE GAME REQUIRES INTERNET CONNECTIVITY AND THE AVAILABILITY OF OUR ONLINE SERVICE FOR MUCH OF ITS FUNCTIONALITY.

YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE AN INTERNET CONNECTION AND THAT THE DEVICE YOU USE HAS SUFFICIENT HARDWARE AND SOFTWARE REQUIREMENTS AND MEMORY IN ORDER TO PLAY AND STORE THE GAME, AND USE THE ONLINE SERVICE.

THE GAME HAS BEEN DEVELOPED TO WORK ON THE LATEST VERSION OF STEAM, PLAYSTATION®, XBOX AND NINTENDO SWITCH™ AT THE TIME OF ITS RELEASE. THE PLATFORM HOLDERS MAY FROM TIME TO TIME UPDATE THEIR SOFTWARE, AND WE WILL ENDEAVOUR, BUT NOT BE OBLIGATED, TO UPDATE THE GAME IF NECESSARY TO ENSURE THAT ITS FUNCTIONALITY AND PERFORMANCE CONTINUE WITH ANY UPDATE RELEASE. IT IS YOUR OBLIGATION TO ENSURE THAT YOU ARE USING THE LATEST COMPATIBLE PUBLIC RELEASE OF ANY OPERATING SYSTEM FOR YOUR CONSOLE OR PC.

THE GAME COMPRISES COPYRIGHT WORKS OF MILESTONE AND/OR ITS LICENSORS. THE GAME IS LICENSED, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP IN THE GAME. THE GAME IS SOLEY FOR USE BY END USERS ACCORDING TO THESE TERMS. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN ACCORDANCE WITH THESE TERMS IS EXPRESSLY PROHIBITED.

1. LIMITED USE LICENCE
1.1 Milestone hereby grants you a limited, non-exclusive right and license to download, install and use the Game for your personal, non-commercial use only on compatible consoles or devices that are owned by you, subject to these Terms.
1.2 These Terms, and your use of the Game, do not give you any rights of ownership in any property in the game whether tangible or intangible (including in any Track or Bike livery or customised rider/bike that you create).
1.3 This clause applies if we offer the Game through the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). If so, that means you need a Steam account to play the Game, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here http://store.steampowered.com/subscriber_agreement/. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds http://store.steampowered.com/steam_refunds/.
1.4 If you install or use the Game on any third party platform including without limitation the PlayStation®, Microsoft Xbox and Nintendo platforms then the terms of these platforms will all apply. 1.5 You and we acknowledge that these Terms is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc. You also acknowledge that we are solely responsible for the Game and the content thereof.
1.6 If you are playing on an Android device your use of the Game may require you to have a Google account. Your access to the Game will be linked to your Google account and you are required to comply with Google policies to use the Game.

2. END USER OBLIGATIONS
2.1 You may use the Game for your own personal, non-commercial use as described in these Terms but you are not entitled to and must not do any of the following except to the extent expressly permitted by these Terms:
2.1.1 sell, transfer, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way except where the Game expressly permits you to do so through sharing content from the Game on social media;
2.1.2 remove, modify or tamper with any copyright, trademark or other notice;
2.1.3 engage in any act that we deem to be in conflict with the spirit or intent of the Game and/or the Online Service, including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
2.1.4 attempt to gain unauthorised access to the Online Service, or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by us; or
2.1.5 use the Game for any illegal or immoral purposes.

3. TERMINATION
3.1 These Terms and the licences granted to you by us are effective until terminated.
3.2 You may terminate these Terms at any time and for any reason by deleting and removing the Game from your console or PC.
3.3 We may terminate these Terms if you fail to abide by them at any time and for any reason or where we reasonably suspect that you have failed to abide by any of these Terms. We may take action that we deem reasonable in our sole discretion against users who do not comply with these Terms, which may include banning users from using or accessing the Game and/or the Online Service.
3.4 Milestone reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, these Terms and/or the Game and/or the Online Service. However, if what you have done can be put right we shall give you a reasonable opportunity to do so.
3.5 Following termination, you will no longer be permitted to use any of the Game and you will be required to delete the Game from your console or device.

4. ONLINE SERVICE.
4.1 Milestone may, but shall not be obliged to, provide and maintain certain online functionality, online network play connectivity and interactivity and other online features relating to the Game including without limitation the online ‘Single Event’ and ‘Custom Championship’ game modes (“Online Service“) subject to these Terms.
4.2 We cannot guarantee that the Online Service or a particular part of the Online Service, including any User Content, if existing, will always be available.
4.3 The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with these Terms.

Age Restrictions
4.4 To use the Online Service, where existing, you must be 13 years old or older, or else have your parent’s or guardian’s explicit consent to do so on these Terms. By using the Online Service you therefore confirm that you are 13 years old or older, or else have your parent’s or guardian’s consent (in which case your parent or guardian has read and agreed to these Terms).

User Rules
4.5 You further agree that you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute us or the Game.
4.6 Where the Game allows you to share pre-determined messages with other users, we shall be entitled to remove, restrict, suspend or alter that ability for any reason in its sole and absolute discretion.
4.7 You will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity.
4.8 If you feel that the behaviour of another user breaches these Terms then please let us know by contacting us via the Support Services with details of the potential breach and/or the user responsible. We will take reasonable steps to deal with any breach.

Please note:
Where exists, You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Milestone has no way of telling if statements made by other users of the Game and/or the Online Service are true. This is a decision that can only be made by you and the exercise of some degree of caution is recommended. By playing the Game and using the Online Service and its parts you accept that this is the case and accept the risk associated with it. Users must take particular care in relation to the disclosure of their own personal information.


5. USER CONTENT, TRACK OR BIKE LIVERY CREATION AND CUSTOMISATION
5.1 The Game may includes a ‘Track or Bike Livery Editor’ function that allows you and other users of the Game to create your own Tracks or bike livery to upload and share with other users of the Game on the Online Service, send communications to us or third parties or contribute content and information of your own for use in the Game or otherwise by us or third parties, including without limitation any Track or bike livery (defined below) that you create, upload, make available or submit to the Online Service for yourself and/or other users to use in the Game (“User Content“).
5.2 For the purposes of these Terms:
5.2.1 The definition of User Content includes any “Track or Bike Livery", which means a customised Track/livery in the Game that you create, upload, make available or submit to the Online Service for yourself and/or other users to use in the Game, and/or any customised rider or bike that you create, upload, make available or submit to the Online Service for yourself and/or other users to use in the Game; and
5.2.2 “Distribute” means use, sell, market, promote, sub-licence to end users, distribute and otherwise make available to third parties.
5.3 In connection with the use of the Game and the Online Service ONLY (where this service exists) and subject to these Terms, you may (and are granted a limited, non-exclusive license and right to) use the software that forms part of the Game and the Online Service to communicate with other users of the Game using the Online Service and post, transmit, communicate and to make available User Content. By doing so you hereby grant to us an unrestricted, transferable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive right and licence to use and make available any such User Content in connection with the Game in any manner or media.
5.4 We are engaged in the business of marketing and publishing the Game and providing the related entertainment services in the form of the Online Service. Ancillary to that it is engaged in the transmission, storage, retrieval, hosting, formatting or translation of User Content without selection or alteration of the content of the communication for which it is a mere conduit.
5.5 By installing and using the Game you agree and accept that we have no responsibility to review any User Content all of which is made available on the basis that we shall not be required to exercise any control or judgement of the content or the material posted or contained therein. For the avoidance of doubt the views expressed in any User Content (including any user created Track or Bike Livery) are the views of the individual authors and not those of Milestone unless specified otherwise by us. In particular, but without limitation to the foregoing, we are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
5.6 We shall be entitled to remove, restrict, suspend or alter any User Content (and the ability to share or create User Content, including any Track or Bike livery) for any reason in its sole and absolute discretion.
5.7 You agree that we may use, publish, edit modify and adapt User Content you make available, or post to or transmit to the Game and/or the Online Service for any reason in its discretion.
5.8 To the extent that your User Content is derived from the Game or material provided by us you hereby assign to us all Intellectual Property Rights subsisting in User Content which is owned by you, this includes all intellectual Property Rights in any Track or Bike Livery that you create.
5.9 We give no warranty and make no representation as to the accuracy, currency or validity of the information and material contained within the User Content or the Online Service and shall not be responsible for any loss or damage caused as a result of any use of such information or material.
5.10 if you discover User Content (including any Trackand Bike livery) which you believe contravenes these Terms please notify us by contacting us via the Support Services with details of the User Content and/or Track/Bike livery.

User Content Rules (applicable where the Online service exist)
5.11 You agree and undertake that you are entitled to make available, or post to or transmit to the Game your User Content and to grant us those rights set out in clause 5.8, and will not make available, or post to or transmit to the Game any statement, material or other User Content, nor use the Online Service or the Game in any way that:
5.11.1 is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, hateful, discriminatory, obscene, offensive, inflammatory, sexist or racist;
5.11.2 harasses, bullies or intimidates any person or obscures or impedes other users’ ability to communicate or read conversations (this includes the use of any macros/SPAM to either the general playerbase or a single individual to disrupt chat);
5.11.3 will infringe any Intellectual Property Rights or other rights of any person (save to the extent that your User Content is derived from the Game or material provided by us);
5.11.4 involves exploitative behaviour, through but not limited to, third party programs, bots, scripts, viruses or other means which are reasonably prohibited by us from time to time, or which take advantage of bugs, unintended errors, or features that have not been documented, to access restricted parts of the Game or which otherwise constitutes activity which we reasonably deem against the “spirit” of the Game;
5.11.5 encourages any violation of these Terms or of a third party service provider’s terms of service;
5.11.6 is unlawful, malicious, misleading (including impersonation), discriminatory or which gives rise to civil or criminal liability or which might call Milestone, the Online Service or the Game into disrepute;
5.11.7 infringes upon the intellectual property or other rights of any third party or facilitates or encourages such infringement or entails the distribution of any player’s personal information (other than your own, as a private message);
5.11.8 is technically harmful such as the introduction of computer viruses, worms, logic bombs or other malicious software or harmful data, or otherwise attempts to or actually does modify or interfere with the Game or overburden or disrupt any computer or server used by the Game;
5.11.9 may be deemed a marketing or commercial communication;
5.11.10 promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
5.11.11 is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
5.11.12 contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
5.11.13 constitutes, in our reasonable opinion, misuse of the Game or an attempt to gain unauthorised access to the Game or parts thereof, or to the accounts of other users or networks or their console or device; or
5.11.14 solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.

Tracks or Bike Livery(applicable where the Online service exist)
5.12 Subject to Clause 5.8 above, in respect of any Track or Bike Livery that you create and upload to the Online Service, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide right and licence to:
5.12.1 Distribute your Track or Bike Livery through the Online Service;
5.12.2 use and make available screen shots and video sequences of your Track or Bike Livery and create and make available (including via third party services) such other promotional and marketing materials as we shall wish for the purposes of promoting the Track or Bike Livery that you have created, the Game and/or the Online Service in any and all media;
5.12.3 Distribute demonstration or free versions of your Track or Bike Livery for the purposes of reviewing, promoting and marketing your customised Track only; and
5.12.4 use any trade marks or trade names by which you or your Track or Bike Livery is known in connection with the Distribution of the Track or Bike Livery hereunder.
5.13 You warrant, represent and to us that (save to the extent that your User Content is derived from the Game or material provided by Milestone):
5.13.1 you are the owner or licensee of the Track or Bike Livery and all Intellectual Property Rights therein;
5.13.2 you have the full power to enter into these Terms and are entitled to grant the rights, licences and assignments contained in it and have all requisite licences and assignments necessary to do so;
5.14 You will indemnify (agree to compensate) and hold harmless Milestone against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by us on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses or arising out of any breach of the above warranties or these Terms.

6. WARRANTY AND LIMITATION OF LIABILITY.
6.1 We warrant that we have used and will use reasonable efforts to ensure that:
6.1.1 we are entitled to grant the rights and licences granted hereunder;
6.1.2 the Game will be of satisfactory quality;
6.1.3 we have used and will use reasonable efforts to ensure that the Game and/or the Online Service will be available for six (6) months from the date on which you purchase the Game; and
6.1.4 the Online Service, when made available by us, shall be of satisfactory quality, as described and fit for purpose.
6.2 To the maximum extent permitted by law, and save as expressly provided in these Terms, we give no warranty in connection with the Online Service and exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
6.2.1 the availability of the Online Service;
6.2.2 any incorrect or inaccurate information on the Online Service and all errors, interruptions to or delays in updating the Online Service;
6.2.3 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service;
6.2.4 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Online Service;
6.2.5 all representations, warranties, conditions and other terms which but for this notice would have effect.
6.3 Except as specifically provided in these terms and to the maximum extent permitted by law:
6.3.1 the Game is provided on an “as is” and “as available” basis without warranty or guarantee of any kind (express or implied) other than those set out in these terms;
6.3.2 we only accept liability for direct loss as a result of our breach of the warranties in Clause 6.1 above;
6.3.3 Our and our licensors’ maximum liability will be limited to €100;
6.3.4 We and our licensors will not in any event be liable in any way for any consequential or indirect loss or damage (save to the extent that damage to your console, PC or other digital content which you own is caused by the Game as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device);
6.3.5 We do not warrant or guarantee that the operation of the Game and/or the Online Service will be uninterrupted or error free or that errors can or will be corrected, or that the Game or the Online Service are free of viruses or other harmful components;
6.3.6 You install and use the Game at your own risk.

7. INDEMNITY AND REMEDIES.
7.1 You hereby indemnify (agree to compensate), defend and hold harmless Milestone and our affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of the Game (which includes Virtual Items and the Online Service, where existing), any User Content; and/or any use otherwise than in accordance with the terms of these Terms. You shall fully cooperate with us in the defence of any such claim and we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
7.2 You further agree that the subject matter of these Terms is of a unique character with special value and that we would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to it under applicable laws.
7.3 Our licensors shall be third-party beneficiaries under these Terms and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

8. OWNERSHIP.
8.1 All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in us or our licensors.
8.2 The Game may contain certain licensed materials and our licensors may act to protect their rights in the event of any breach of these Terms. All trade marks are the property of their respective owners.

9. SEVERABILITY.
In the event that any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect.

10. APPLICABLE LAW.
10.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use the Game (including Virtual Items and the Online Service) and these Terms are subject to English Law.
10.2 In the event that English Law cannot apply in the country you obtained or use the Game, local law will apply.
10.3 The Game (and each part of it, including Virtual Items and the Online Service) is intended for use and may only be used in countries where all such use is lawful.

The following situations apply solely to licences purchased through PlayStation™Store.

Sony Interactive Entertainment Network Europe specified EULA Text
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

Sony Interactive Entertainment America specified EULA Text
Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.

CONTACT INFORMATION
All questions, comments or enquiries should be directed to Milestone using the Support Services. We will endeavour to respond to any query or questions within two business days.