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TERMS OF SERVICE AND END USER LICENSE AGREEMENT
To protect Strange Labyrinth (our "Game") and the members of our community, we need these terms ("Agreement") to establish some rules for using Strange Labyrinth. This license is a legal contract between you and us (Foxgear GameDev) and describes the terms and conditions of using our Game and everything we have created. For clarity, "the Game" or "what we have created" includes, among other things, the client and software for our Game, on all platforms. It also includes updates, fixes, downloadable content, add-ons, or modified versions of a Game, part of the items, or everything else we have created.
We don't like reading license documents as much as you do, so we try to keep it as short as possible. If you violate these rules, we may prevent you from using our Game. If we deem it necessary, we may even seek the help of our lawyers.
By purchasing, downloading, using, or playing our Game, you agree to follow the rules of these terms and conditions ("Agreement"). If you do not want or cannot agree to these rules, you should not purchase, download, use, or play our Game.
IF YOU RESIDE (OR YOUR HEADQUARTERS ARE) IN THE UNITED STATES, PLEASE READ THE LEGAL ARBITRATION CLAUSE AND WAIVER OF CLASS ACTIONS IN SECTION 5 BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
1. MAIN RULE
The main rule is that you should not distribute anything we have created unless we specifically agree to it. "Not distributing anything we have created" means:
• not providing copies of our Game to anyone;
• not commercially exploiting anything we have created;
• not attempting to make money from anything we have created, nor
• letting others gain unfair or unreasonable access to anything we have created;
unless we specifically agree to it.
Otherwise, we're flexible about what you do – in fact, we encourage you to create cool things – just don't do what we don't allow.
2. USE OF OUR GAME
You have been granted a license for the Game so that you can play it and use it on your devices.
Furthermore, we also grant you limited rights to do other things, but we have to set limits so that people don't go overboard. If you want to do something related to something we have created, we're honored, but make sure it can't be construed as official and that it complies with this Agreement and, above all, do not commercially exploit anything we have created.
The license and permission we grant you to use and play our Game may be revoked if you violate the terms of this Agreement.
By purchasing our Game, you receive a license that grants you permission to install the Game on your own personal device, as well as use and play it on that device, as set forth in this Agreement. This permission is personal, and you are not permitted to distribute the Game (or any part of it) to anyone else. This also means that you cannot sell or rent the Game, make it available for access by others, nor transmit or resell license keys. However, you may provide gift codes purchased through our original gift code system. This is important to help us deter fraud and piracy, and protect our Game. This is also relevant to prevent members of our community from buying pirated versions of our Game or fraudulent license keys – which we may cancel, as in the case of fraud.
Within reason, you are free to do whatever you want with screenshots and videos of the Game. "Within reason" means that you may not commercially exploit them or do anything unfair or negatively affect our rights, unless we specifically authorize it in this Agreement, or authorized in a specific contract entered into with you. However, if you upload game videos to streaming and video sharing sites, you will be allowed to place ads on them. Also, do not extract art assets and distribute them, that's no fun.
Essentially, the simple rule is not to commercially exploit anything we have created unless we have specifically allowed it. And if the law expressly permits it, for example, under a "fair use" or "fair dealing" doctrine, that's okay too – but only to the extent permitted by applicable law.
To ensure the integrity of the Game, we need all downloads and updates of the Game to come from an authorized source.
3. OWNERSHIP OF OUR GAME AND OTHER ITEMS
Despite the license to install the Game on your device and play it, it still belongs to us. We also own our trademarks and all content present in the Game. Therefore, by paying for our Game, you acquire a license to play/use our Game in accordance with this Agreement – you are not purchasing the Game itself. The only permissions you have regarding the Game and its installation are the permissions set forth in this Agreement.
By providing any content in the Game or through it, you agree to grant us permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to our permission for others to use, copy, modify, adapt, distribute, and publicly display your content. You are not relinquishing your ownership rights to your content, but only granting permission to us and other users to use it. For example, we may need to copy, reformat, and distribute the content you post on our site so that others can read it. If you do not want to grant us these permissions, do not provide content in our Game or through it. Think carefully before providing content because it may become public and even be used by others in a way that you do not like.
If you intend to provide something in the Game or through it, that content must not be offensive to people or illegal, must be honest, and be of your own creation. Some examples of the types of content you should not provide using our Game include: posts that include racist or homophobic language; posts that constitute bullying or trolling; offensive posts or posts that harm our reputation or that of another person; posts that include pornography or the creation or image of another person; or posts that impersonate a moderator or attempt to deceive or exploit people.
All content you provide in our Game must also be of your own creation or you must have permission or the legal right to do so. You must not provide, using the Game, any content that violates the rights of others and agree not to do so.
We reserve the right to remove any content at our discretion.
4. UPDATES
We may provide upgrades, updates, or fixes (we call them all "updates") periodically, but we are not obligated to do so. We are also not obligated to provide ongoing support or maintenance for any Game. Obviously, we hope to continue releasing new updates for our Game, we just cannot guarantee that we will. With updates come changes that may not work well with other software. This is regrettable, but it is something for which we do not assume responsibility.
5. LEGAL ARBITRATION AND WAIVER OF CLASS ACTIONS IF YOU RESIDE IN THE UNITED STATES
IF YOU USE THE GAME IN THE US, PLEASE READ THIS CLAUSE CAREFULLY, AS IT REQUIRES YOU TO SUBMIT TO ARBITRATION CERTAIN DISPUTES AND CLAIMS WITH FOXGEAR GAMEDEV AND LIMITS HOW YOU CAN SEEK RELIEF FROM FOXGEAR GAMEDEV. IF YOU USE THE GAME IN ANY OTHER COUNTRY THAN THE US, THIS SECTION 5 DOES NOT APPLY TO YOU.
This clause 5 will be applied to the fullest extent permitted by law. If you and Foxgear GameDev cannot resolve a dispute by informal means within thirty (60) days after written notice of a dispute to the other party, any further effort to resolve the dispute will be conducted exclusively by final and binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules and governed by the Federal Arbitration Act. The parties waive the right to seek punitive damages and the arbitrator shall not award such damages. Any court with jurisdiction over the parties may enforce the arbitrator's award.
YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE RIGHT TO LITIGATE ANY DISPUTE IN COURT BEFORE A JUDGE OR JURY.
No Class Arbitration, Class Action or Representative Actions. You and Foxgear GameDev agree that any dispute arising out of or related to this EULA is personal between you and Foxgear GameDev and that such dispute will be resolved only by individual arbitration and will not be treated as a class arbitration, class action, or any other type of representative proceeding. You and Foxgear GameDev agree that there will be no class arbitration or arbitration where an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Furthermore, you and Foxgear GameDev agree that a dispute cannot be treated collectively or by any other type of representative action, whether within or outside arbitration, or on behalf of any other individual or group of individuals.
Any arbitration conducted pursuant to this EULA will be done individually between Foxgear GameDev and you. If the EULA in this clause rejecting treatment or participation in a class arbitration is deemed unenforceable, you and Foxgear GameDev agree that this shall not be severed, and that the entirety of this clause 5 shall be deemed unenforceable and any dispute shall be resolved in court and not by class arbitration.
6. OUR OBLIGATION, APPLICABLE LAW, AND PLACE FOR RESOLVING DISPUTES
The terms of this Agreement do not affect any legal (statutory) rights you may have under the law applicable to you for the Game. You may have certain rights that the law applicable to you says cannot be excluded. Nothing we say in these terms will affect these legal rights, even if we say something that seems to contradict your legal rights. This is what we mean when we say "subject to applicable law."
Subject to applicable law, when you obtain a copy of our Game, we will provide it to you "as is." Updates are also provided "as is." This means we make no promises to you about the standard or quality of our Game or that our Game will be free from errors or interruptions. We are not responsible for any losses or damages it may cause. Its quality and performance are entirely at your own risk. You must accept that we may release games well before they are completed and, as such, they may have, and almost always will have, bugs – but we prefer to release these features sooner rather than make you wait for perfection. If you want to notify us of a possible bug, we have an email for that here.
If you and we have a conflict in a court (and we hope as much as you do that this does not happen), the exclusive forum (that is, the place where it will be resolved) will be a federal or state court in São Paulo, SP (if you reside in Brazil). The laws of your state or city govern this Agreement and all conflicts, including those related to it, our Game, regardless of conflict of laws principles, except for the Federal Arbitration Act, which governs anything related to arbitration.
7. TERMINATION
If we want to, we can terminate this Agreement if you violate any of the terms or any of our policies. You can also terminate it at any time; simply uninstall the Game from your device and the Agreement will be terminated. If the Agreement is terminated, you will no longer have any of the rights to the Game granted under this license. Obviously, you will still have the right to the items you have created with the game. The Arbitration Agreement (if you reside in the United States) and the paragraphs on "Ownership of our Game," "Our obligation," and "General provisions" will continue to apply even after termination of the Agreement.
8. GENERAL PROVISIONS
Your local law may grant you rights that this Agreement cannot change; in that case, this Agreement will apply to the extent permitted by law. Nothing in this license limits our liability for death or personal injury resulting from our negligence or misrepresentation.
We may change this Agreement periodically, if we have reasons to do so, for example, changes to our games, practices, or legal obligation. However, these changes will only take effect to the extent that they can be legally applied. For example, if you use the Game only in single-player mode and do not use the updates we provide, the old Agreement will apply, but if you use the updates or parts of the game that depend on our provision of continuous online services, the new Agreement will apply. In this case, we will inform you of the change before it takes effect, by posting a notification on our Site or by some other reasonable means. We will not be unfair about this – but sometimes the law changes or someone does something that affects other users of the Game and us, so we need to put a stop to it.
If you approach us with a suggestion for any of our Games, that suggestion will be made for free and we will have no obligation to accept it or consider it. This means that we may or may not use your suggestion as we see fit and we will not have to pay you for it. If you think you have a suggestion for which we would be willing to pay, do not send it unless you have first notified us that you expect to receive payment for it and we have responded in writing asking you to send the suggestion.