TOU

TERMS OF USE

 

WELCOME TO PASSPARTOUT: THE STARVING ARTIST, A SINGLE-PLAYER CASUAL SIMULATION GAME. BEFORE ACCESSING AND PLAYING PASSPARTOUT: THE STARVING ARTIST, USING THE RELATED SERVICES OR ACCESSING ANY GAME RELATED WEBSITES, ETC. (THE GAME, RELATED SERVICES AND THE WEBSITES HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY THESE TERMS OF USE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN FLAMEBAIT AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME (“END USER”). IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 23 AND 24, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME. FLAMEBAIT RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THESE TERMS OF USE. FLAMEBAIT MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.

 

1. Acceptance

This document (“Terms of Use”) is a legal agreement between you (“You” or “the user”) and Flamebait AB, a Swedish corporation, with registered and business offices at Kaplansgatan 16 B; 541 34 Skövde, Sweden (“Flamebait”) and governs your use of the Game, whether or not you are a registered End User of the Game.

 

PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS OF USE. FLAMEBAIT OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMITS YOU TO PLAY THE GAME ONLY IN ACCORDANCE WITH THESE TERMS. YOUR PLAYING OF THE GAME CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME.

 

2. The Game

The Game is a single-player casual simulation game. The Game lets the player draw and sell their own art in a virtual world with the goal to become a renowned artist. The Game is played in single player mode.

 

3. Access to the Game

To access and play the Game you must register an account with a platform/service provider (i.e. Steam, Xbox, Playstation etc.), unless the Game is expressly provided in a form and venue where an account is not required (i.e. arcade game consoles etc.). You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Flamebait reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in game currency, characters etc. to another person or entity, unless specifically permitted in writing by Flamebait. Further, you must be 13 years or older to be entitled to access and play the Game. This Game is not intended for children under the age of 13. Children under the age of 13 may not access and play the Game. If you are at least 13 years old but under 18 years of age you need parental consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents. Any registration by, use of or access to the Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of these Terms of Use.

 

4. Third Party Accounts

If enabled by Flamebait in its sole discretion, you may establish an account with account data provided to Flamebait by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.

 

5. Registration

You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Flamebait, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.

 

For information regarding how Flamebait handle the information you transmit through the Game please visit the Privacy Policy. Please note that your access to and playing of the Game constitutes your acceptance of the Privacy Policy.

 

6. Products and services

Flamebait reserves the right to add, modify, or delete/cancel the Game, including your access to the Game at any time. Flamebait makes no representation or warranty as to the completeness or accuracy of the Game nor does it represent or warrant that the Game will be available at all times or at any time. The Game may be incomplete, may contain errors etc. Flamebait makes no commitment and expressly disclaims any duty to fix any errors or lack of functionality in the Game. The Game is provided on an “as is” basis without any express warranties.

 

7. Payment

You agree to fully pay for the Game and any and all products and services ordered in the Game. You are responsible for providing Flamebait and/or the platform/service providers with valid credit card information to secure payment. Flamebait and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. Flamebait or the platform/service providers confirm all subscriptions, purchases and may send initial login or activation information by email once Flamebait or the platform/service provider have had the opportunity to confirm your purchase.

 

8. Payment terms

In order to access and play the Game, access certain additional content, premium services etc. you may be required to pay certain fees (the Game and any applicable premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the platform/service provider’s Game access pages, the game webpage etc. Flamebait may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Flamebait and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Flamebait or the platform/service provider may charge you for any such taxes, in addition to any fees.

 

ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, UNLESS STATED OTHERWISE IN THIS AGREEMENT OR IN THE PLATFORM/SERVICE PROVIDER’S TERMS AND CONDITIONS.

 

However, a remaining portion of the payment may be credited in Flamebait’s and/or the platform/service provider sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Flamebait or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Flamebait or the platform/service provider are not required to collect) and for all hardware, software, Internet, and related equipment (where applicable; platform specific VR headsets/screen etc.) and other costs you incur to access and play the Game. Flamebait and/or the platform/service providers reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Flamebait or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.

 

9. Access

In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, Flamebait or the platform/service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game subject to the other applicable provisions, limitations and restrictions in these Terms of Use. You may not upload or republish the Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game Content is strictly prohibited. Notwithstanding the forgoing, you may stream and record any and all your playing of the Game on channels like Twitch etc. If Flamebait or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at Flamebait’s or the platform/service provider’s discretion.

 

10. Delivery of products and services

Flamebait provides the Game on an “as is” basis. Flamebait or the platform/service provider shall endeavor to deliver the Game that you have ordered to you within a reasonable amount of time. However, technical problems may delay or prevent delivery and except as set forth in the next sentence, Flamebait or the platform/service provider shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to the Game, a purchased product or service that is not delivered within a reasonable amount of time after ordering is to either receive a replacement of the Game, product or service, or a refund of the purchase price paid for the Game, product or service, as determined by Flamebait or the platform/service provider in their sole discretion.

 

11. Links to other Games

The Game, platforms etc. may contain links to other Games, websites, services etc. Flamebait does not review or evaluate any Games, websites, services etc. linked to in the Game or the platform and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these Games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such Games, websites, services, the platforms etc. You should carefully review the respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Flamebait be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, products, goods, or services etc. available on such Games, websites, services, platforms etc.

 

12. Indemnification

Your access to and playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Flamebait, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.

 

13. Termination

These Terms of Use are effective until amended by Flamebait in its sole discretion. Flamebait may change, suspend, or discontinue all or any aspect of the Game at any time for any reason without prior notice or liability, including, without limitation, the availability of the Game or any feature, without prior notice or liability. Flamebait may cease to provide the Game or any or all of the products and services offered in connection with the Games, terminate the Terms of Use, and cancel all of the rights granted to you under the Terms of Use at any time for any reason without prior notice or liability. Flamebait may, but is not obligated to, communicate such termination to you in any of the following manners: (i) in a notice in the Game; (ii) via electronic mail; (iii) in these Terms of Use, or (iv) in another manner that Flamebait deems suitable to inform you of the termination. If Flamebait terminates the Game, you will not receive a refund of paid fees. In the event of any termination hereunder Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29, of these Terms of Use will survive termination.

 

14. Disclaimers and limitations of liability

THE GAME IS PROVIDED BY FLAMEBAIT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FLAMEBAIT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

WITHOUT LIMITING THE FOREGOING, FLAMEBAIT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF FLAMEBAIT, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH FLAMEBAIT PROVIDE RULES FOR USER CONDUCT AND POSTINGS, FLAMEBAIT DO NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. FLAMEBAIT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.

 

THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF FLAMEBAIT, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FLAMEBAIT, ITS PARENTS, AFFILIATES, LICENSEES, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “FLAMEBAIT” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM FLAMEBAIT OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FLAMEBAIT’S RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. FLAMEBAIT TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FLAMEBAIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLAMEBAIT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.

 

15. Special disclaimer and limitation of liability for products and services

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT FLAMEBAIT SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FLAMEBAIT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FLAMEBAIT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLAMEBAIT OR AN FLAMEBAIT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.

 

FLAMEBAIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND FLAMEBAIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLAMEBAIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLAMEBAIT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.

 

16. Seizure warning, motion sickness etc.

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality headset may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Flamebait takes no responsibility for such effects and end results and you are accessing and playing the Game on your own risk. Nor does Flamebait take any responsibility for motion sickness, any balance problem that may occur from the playing of the Game etc.

 

17. Trademarks and Game marks

The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Flamebait or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.

 

18. Intellectual Property Rights

 

Flamebait Intellectual Property

 

You acknowledge and agree that all content, design elements, and materials available in the Game, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (“Flamebait Content”) are owned by Flamebait and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Flamebait and/or its partners and licensors. Flamebait and its partners and licensors retain all right, title and interest in and to the Flamebait Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Flamebait Content in any form or for any means, unless expressly permitted in this Agreement. Flamebait’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Flamebait. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Flamebait Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Game or Flamebait Content. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against Flamebait any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.

 

End User License to play the Game

 

By registering an account and paying the applicable fees you obtain a personal, single, revocable license to play the Game in accordance with section 9. All references in this Agreement to the “purchase” of the Game shall mean the obtaining of a license to play the Game, and all references to “sale” or “selling” of the Game shall mean the granting of a license to play the Game.

 

End User Intellectual Property

 

In the Game you may create certain content such as animated paintings etc. (“Submissions”). Except for the Flamebait Content contained therein, any intellectual property right and title to such Submissions shall remain and where applicable shall become your intellectual property, created and submitted by you for use in the Game. That portion of a Submission that is not Flamebait Content is sometimes referred to herein as “End User Content”. By publishing any Submission containing End User Content in the Game you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your End User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.

 

Flamebait License to End User Intellectual Property

 

You agree that Flamebait shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty free, fully paid up, right and license to utilize, perform, reproduce, incorporate in to the Game modify, edit, publicly perform, publicly display, distribute and make derivative works from your End User Content as contained in the Submissions in the Game, on its Websites and in any and all media now known or hereafter devised for marketing and promotional purposes and to feature your End User Content and Submissions, and any derivative works created therefrom, in its products and services. For example, Flamebait may use your End User Content and Submissions in marketing and promotional materials for the Game, on channels like YouTube, Twitter, Facebook etc, in merchandizing materials etc.

 

19. Prohibited use

You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Flamebait’s rights to control the Game’s environment, and the conduct of the End Users within that environment, Flamebait prohibits the following practices that Flamebait has determined detract from the overall user experience and you are strictly prohibited from:

 

1. Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game;
2. Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Flamebait;
3. Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
4. When naming any object, character, team, guild or clan etc. you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
5. You may not post or communicate any player’s real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
6. You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
7. You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
8. You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;
9. You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Flamebait;
10. You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
11. You may not impersonate Flamebait, its’ employees etc;
12. You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
13. You may not violate, or encourage others to violate, any local, state, national, or international laws or regulations;
14. You may not market, promote, advertise, or solicit products or services in the Game;
15. You may not modify any part of the Game, or Clients, Servers etc;
16. You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
17. You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
18. You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;
19. You will follow the instructions of authorized personnel in or related to the Game;
20. You may not organize nor be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
21. You may not provide false information or intentionally hide any information when registering for your account in the Game;
22. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
23. You will not attempt to play the Game on any server or platform that is not controlled or authorized by Flamebait, its designees or platform/service providers;
24. You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of Flamebait;
25. You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
26. Using Flamebait’s copyrights or trademarks or any confusingly similar marks;
27. Uploading invalid data, viruses, worms, or other software agents to the Game;
28. Collecting information from other End Users without obtaining their consent; or
29. Otherwise use the Game in any manner that breaches the terms and conditions of the Terms of Use or the Privacy Policy.

 

Flamebait and the platform/service providers can delete End User Content and Submissions or close down your account and stop your access to the Game for any reason, at any time, in our sole discretion, without notice, including, but not limited to if we believe that You violate these Terms of Use, the Privacy Policy, our policies etc.

 

20. Communication and Feedback

Flamebait may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Flamebait may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Flamebait. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Flamebait, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Flamebait and acknowledge that Flamebait may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Flamebait by following the specific instructions in promotional messages or by our customer support at support@flamebaitgames.com. These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.

 

21. Electronic communications

When you play the Game, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Flamebait finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.

 

22. User Disputes

You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

23. Arbitration

If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

 

24. Class action waiver

YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

25. Claims

YOU AND FLAMEBAIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

26. Governing law

(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Skaraborg (Skaraborgs Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.

 

(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Use that is not subject to mandatory arbitration as set forth above in section 23 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

(c) Notwithstanding anything to the contrary, Flamebait may apply to any court of competent jurisdiction for injunctive or other equitable relief.

 

27. Severability

If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdictionk, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

28. Modification

Flamebait reserves the right, at its discretion, to update or revise the Terms of Use at any time. Flamebait will post such changes in the Game, its webpage and or forums etc. related to the Game and these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued playing of the Game constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Flamebait as permitted above.

 

29. Entire agreement

These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Flamebait may assign its rights under the Terms of Use without notice to you. You may not assign Your rights under the Terms of Use.

 

30. Disclosure

The Game and related products and services hereunder are offered by Flamebait AB, a Swedish corporation, with registered and business offices at Kaplansgatan 16 B; 541 34 Skövde, Sweden, email: contact@flamebaitgames.com.

 

 

Last Updated: August 1, 2017