Last Update: May 14th, 2021
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User” or “you”) and Noxfall Studios, S.L. (“Company”, “we” or “us”). This Agreement governs the relationship between you and us, and your use of our games or their related services (our “Services”). Throughout this Agreement, End User and Company may each be referred to as a “Party” or collectively, the “Parties”.
By selecting “I Agree “, you agree to the terms of this End User License Agreement. If you do not agree to the terms of this Agreement, do not purchase, download or use our Services. Any reference to “Services” in this Agreement includes a reference to any part of any of our Services.
You must be at least 13 years old (or such other minimum age as is applicable in the jurisdiction you live in), to use or access any of our Services. If you are at least the relevant minimum age but are not legally considered an adult in your jurisdiction:
- You and your parent or guardian must review this Agreement together before you use our Services;
- Your parent or guardian enters into this Agreement on your behalf and their own behalf when you use our Services; and
- Your parent or guardian will be responsible for all of your activities when you use our Services.
Subject to the terms of this Agreement we grant you a personal, limited, non-exclusive, revocable, and non-transferable license to:
- use our Services for your own personal use; and (b) make and publicly display audiovisual footage of you using our Services (“Your Streaming Footage”) on online video streaming and social networking services. We reserve any rights in our Services not explicitly granted to you under this Agreement.
2. Content and UGC
Our Services include Content. We use the term “Content” to mean all materials, information, technology, software and other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof. Content also includes user-generated Content (“UGC”), which means Content contributed by third-party users of our Services. All Content is and will remain the exclusive property of Noxfall Studios, S.L. or its licensors, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
When you contribute UGC, you:
- Represent, warrant and agree that you have all necessary rights and authorizations to publish through our Services or share with us such Content and grant the rights that you grant herein;
- Grant to us and our licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works of, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party;
- Grant all other users who can access and use your UGC on our Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through our Services without further notice, attribution or compensation to you;
- Waive any moral rights and rights of publicity and privacy you may have in such UGC, to the fullest extent permitted by applicable laws; and
- Agree that you are solely responsible for the UGC that you contribute.
You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, this Agreement, or a third party’s right of privacy or right of publicity. We may remove, edit or disable UGC at our sole discretion. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. We may, but are not obliged to, pre-screen UGC before displaying it on our Services. We do not endorse any UGC available on our Services.
3. Virtual Features
Our Services include “Virtual Features”. The term “Virtual Features” is used to mean rights that we license to you to access or use certain features that we may make available on our Services. Game currency, character skins, experience boosts and other customizations for your in-Game characters are examples of Virtual Features. When you pay for Virtual Features, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and cannot be redeemed for cash. Any payment you make for access to a Virtual Feature is non-refundable unless otherwise stated.
4. Updates, Online Server Support and Interruptions
Our Services my from time to time provide enhancements or improvements to their features / functionalities, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of our Services. You agree that Noxfall Studios, S.L. has no obligation to (i) provice any Updates, or (ii) continue to provice or enable any particular features and/or functionalities of our Services to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of our Services, and (ii) subject t the terms and conditions of this Agreement.
We reserve the right to interrupt our Services from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our Services. You acknowledge that we may interrupt, suspend or terminate our Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our Services whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our Services, or the discontinuation of any Services.
5. Internet Connection
You will require an internet connection, which you must procure at your own expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of our Services.
6. Rules of Conduct
While using our Services, you agree not to do any of the following:
- Use or allow the use of our Services for any purpose or activity that is illegal, unlawful or not expressly authorized under this Agreement.
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit any part of your Services or make our Services available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any portion of our Services.
- Use our Services to build a service or game that would compete with our Services or assist another person in building a service or game that would compete with our Services.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of our Services or their affiliates, partners, suppliers or the licensors of the Services.
- Do anything that might interfere with or adversely affect any Noxfall Studios game/Service.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of our Services.
- Damage, disrupt, impair, or interfere with our Services, any server, network or system used to support or provide our Services, any person’s property, or another user’s use or enjoyment of our Services, such as by engaging in denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files, time bombs or other harmful components.
- Make or publicly display Your Streaming Footage where such footage: (a) misrepresents our identity, the names, features or functionality of our Services, or the legal rights or obligations that anyone has in regards to the Services; or (b) adversely affects our rights in an unfair or illegal manner.
- Harass, threaten, bully, embarrass, spam or do anything else to another user of our Services that is unwanted, such as repeatedly sending unwanted messages or making insults, personal attacks or statements about people based on their race, sexual orientation, religion, nationality, or any other aspect.
- Contribute UGC or organize or participate in any activity or group via our Services that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise objectionable.
- Publish, post, upload or distribute UGC that is illegal or that you do not have permission to freely distribute, or which we determine is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
- Impersonate another person or falsely imply that you are one of our employees or representatives.
- Probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services.
- Improperly use in-game support or complaint buttons or make false reports to us.
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the Content, navigational structure or presentation of our Services;
- Harvest, phish for, or collect any kind of private information of other users of our Services, such as passwords.
- Use or distribute unauthorized software programs or tools when using our Services, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Use exploits, cheats, undocumented features, design errors or problems in our Services.
- Use or distribute counterfeit software or Content associated with our Services, including Virtual Features.
- Attempt to use our Services on or through any service that we do not control or authorize.
- Post or transmit a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or any Content associated with your Account, including Virtual Features, either within our Services or on a third-party website, or in connection with any out-of-game transaction.
- Use our Services in a jurisdiction in which we are prohibited from offering such services under applicable export control laws.
- Use information about users publicly available in any of our Services for any purpose unrelated to our Services, including to attempt to identify such users in the real world.
- Advertising any product or service, which is unrelated to Noxfall Studios Services.
- Posting or uploading any content that you do not own, do not have the rights to, or are otherwise not authorized to use.
- Promote, encourage or take part in any prohibited activity described above.
Because this list may not address all manner of inappropriate or offensive behavior, we reserve the right at our full discretion to address behavior deemed inappropriate or offensive up to and including removal from our Services. Subject to applicable law, Noxfall Studios is not obligated to provide an Ace with a reason for any suspension or removal decision.
If you encounter another user who is violating any of these rules, please report this activity at firstname.lastname@example.org . We will review the report and may, at our sole discretion, take action against anyone who violates our Rules of Conduct, such as by revoking access to certain or all of our Services and terminating their Account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
We may, but are not obliged to, monitor or record online activity or Content on our Services at our sole discretion.
This Agreement shall remain in effect until terminated by you or Noxfall Studios, S.L.
We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting our Application(s) and all copies thereof from your device.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your devices.
Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
9. Third-Party Content
Our Services may include hyperlinks to third-party websites and services. We do not control those websites and services and we disclaim any responsibility or liability related to your access or use of any third party content.
We provice our services “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Noxfall Studios, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to our Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Noxfall Studios provides no warranty or undertaking and makes no representation of any kind that our Services will met your requirements, achieve any intended results, be compatible or work with other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Nofxall Studios nor any Noxfall Studios’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that our Services will be uninterrupted or error-free (iii) as to the accuracy reliability, or currency of any information or content provided through our Services; or (iv) that our Services, its servers, the content, or e-mails sent from or on behalf of Noxfall Studios are free viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
11. Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Noxfall Studios and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for our Services.
To the maximum extent permitted by applicable law, in no event shall Noxfall Studios or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with our Services, or otherwise in connection with any provision of this Agreement), even if Noxfall Studios or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold harmless Noxfall Studios Parties from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of our Services; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that Noxfall Studios assumes no responsibility for the information or content you submit or make available through our Services or the content that is made available to you by third parties.
13. Governing Law
The laws of Spain, excluding its conflicts of law rules, shall govern this Agreement and you use of our Services. Your use of our Services may also be subject to other local, state, national or international laws.
14. Amendments to this Agreement
Noxfall Studios reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitudes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.
We reserve the right to assign this Agreement to another party without notice to you, to the extent permitted by applicable law. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
16. General Terms
Any use of the words “include”, “includes” or “including” in this Agreement shall be interpreted to include “but not limited to” after them. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. This Agreement, together with any other of our terms that govern your use of our Services, constitutes the entire agreement between you and us. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this Agreement.
If you have further questions or suggestions about this Agreement, do not hesitate to contact us. Support email: email@example.com