APPLICABLE FROM: 01 MARCH 2019 - KABOUNCE
END USER LICENSE AGREEMENT AND TERMS OF SERVICE
Last Revision: Tuesday, 19 February 2019
END USER LICENSE AGREEMENT
BY INSTALLING, COPYING AND/OR OTHERWISE USING THE GAME, AND EACH TIME YOU ACCESS THE GAME, YOU ARE SIGNIFYING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF, AND COMPLIANCE WITH, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE THE GAME.
If you have any questions about this Agreement, you can reach Stitch Heads by emailing email@example.com or at Stitch Heads B.V., Smederijstraat 2, Breda, 4814DB in the Netherlands.
If you are not eighteen (18) years of age, have your parents or legal guardian review and approve this Agreement on your behalf. Your consent to this Agreement and use of the Game signifies that you have received the specific permission of your parent or legal guardian.
1. ACCEPTANCE OF TERMS & CHANGES TO AGREEMENT
The Game is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Game may be subject to additional terms and conditions promulgated by Stitch Heads from time to time. Any material modifications to the Agreement will also be brought to your attention by posting at and/or presenting a revised Agreement for your review when you first access the Game after the Agreement changes. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game following notice of changes to this Agreement will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Game.
2. LIMITED USER LICENSE
Subject to your compliance with the terms and conditions of the Agreement, Stitch Heads hereby grants you a non-exclusive, non-transferable, limited and revocable right and license to install and use one (1) copy of the Game solely and exclusively for your personal non-commercial gameplay. This Agreement shall also apply to any patches or updates you may obtain for the Game.
You may download information, images, artwork, text, video, audio, pictures and other materials from the Game to the extent necessary to access and use the Game for the purposes of this Agreement. DUPLICATION, COPYING, REPRODUCING, REPUBLISHING, POSTING, TRANSMITTING, DISPLAYING, PERFORMING, DISTRIBUTING, MODIFYING, TRANSLATING, REVERSE-ENGINEERING, REVERSE-COMPILING OR DECOMPILING, DISASSEMBLING OR CREATING ANY DERIVATIVE WORK FROM ANY OF THOSE MATERIALS OR ANY OTHER PORTION OF THE GAME WITHOUT OUR PRIOR WRITTEN APPROVAL IS EXPRESSLY AND EXPLICITLY PROHIBITED.
This license does not give you any title or ownership in the Game, and should not be construed as a sale or transfer of any intellectual property rights to the Game. All rights not specifically granted under this Agreement are hereby reserved by Stitch Heads and, as applicable, by its licensors.
The Game is available only to individuals who are of legal age to form a binding contract. The Game may be used by an individual older than 13 but younger than 18 only with express authorization from that individual’s parent or legal guardian. Subject to the laws of your jurisdiction of residence, individuals older than 13 but younger than 18 may only access and use the Game through an account established by, and with the approval of, their parents or legal guardians. If you permit your minor child or legal ward to use your Account to access and use the Game, you agree to this Agreement on your behalf and on behalf of your minor child or legal ward, and you understand and agree that you will be responsible for all use of your Account by your minor child or legal ward regardless of whether you authorized that use (including the purchase of items for which we charge a fee).
You hereby confirm that you are at least 18 years of age, are of the age of majority in the jurisdiction from which you access the Game, and are an individual who can form a legally binding contract.
The Game is protected by copyright law and by national and international laws, treaties and conventions.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF STITCH HEADS. Except as expressly licensed to you herein, all right, title, and interest in and to the Game and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) are owned by Stitch Heads or Stitch Heads’ licensors.
Except as expressly set out in this Agreement, or with prior written consent from Stitch Heads, you will not: (a) copy, reproduce, or distribute the Game in any manner or medium, in whole or in part; (b) commercially exploit the Game or distribute, lease, license, sell, rent, grant a security interest in, lend or otherwise transfer or assign the Game or any copies of the Game; (c) remove, alter, or conceal any proprietary notice contained in the Game; (d) encourage, assist or allow any third party to any of the foregoing. Any persons copying, reproducing, or distributing all or any portion of the Game in any manner or medium, will be wilfully violating the copyright laws and may be subject to civil and criminal penalties in the Netherlands or their local country. Be advised that Dutch copyright violations are subject to statutory penalties of up to € 82.000, - per violation and/or four (4) years imprisonment.
The Game contains certain licensed materials and Stitch Heads’ licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted under this Agreement are reserved by Stitch Heads and, as applicable, its licensors.
5. RESTRICTIONS ON YOUR CONDUCT
(1) You agree to only use the Game, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) hack, disable, disrupt, or interfere with the function of the Game, reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of Stitch Heads and/or its licensors on creation, in any event);
(b) attempt to gain unauthorized access to the Game, other accounts, computer systems or networks connected to the Game, through hacking, password mining or any other means;
(c) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game;
(d) exploit the Game or any of its parts, including, but not limited to, for-profit exploitation at a cyber (Internet) café, computer gaming center, or any other location-based site, but excluding purely not-forprofit use in which no compensation in the form of payment or benefit is received;
(e) use the Game, or permit use of the Game, or make the Game available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(f) sell, rent, lease, license, distribute or otherwise transfer this Game or any copies;
(g) export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Game;
(2) When using the Game or any product or service available through the Game you must comply with all applicable laws and with all of our policies and rules, as updated from time-to-time. In particular, but without limiting the foregoing, you MUST NOT:
(a) use the Game in any manner that could damage or impair the Game or interfere with any other party's use and enjoyment of the Game;
(b) harass or threaten any other user of the Game or any Stitch Heads employee or representative;
(c) impersonate another person, indicate that you are a Stitch Heads employee or representative (if you are not) or attempt to mislead other players by indicating that you represent Stitch Heads in any way;
(d) upload to or transmit to us or any other player anything that may be defamatory, threatening, abusive, obscene, pornographic, harmful or invasive of anyone’s privacy, may violate any law including intellectual property, privacy or other laws, or may give rise to civil or other liability;
(e) upload to or transmit to us or any other player any data, file or software that contains a virus, Trojan horse, worm, bot keystroke logger, time bomb, cancelbot or other computer programming routines that are intended to damage, interfere with intercept, mine, scrape or expropriate any system, data or personal information relating to the Game;
(f) attempt to disable or circumvent any Game features that are designed to limit your access to certain information about Game users, and you otherwise will not access or attempt to access areas of the Game or its servers that have not been made available to the public;
(g) use the Game for spamming, other advertising, or other bulk message transmission, or use the Game to promote or operate any service or commercial enterprise;
(h) post or communicate any personally identifiable information about any other person, or use the Game to collect or harvest any information about any other person;
(i) use abusive or offensive language during your use of the Game, including on any forums, chat rooms, or web sites; or
(j) encourage, assist or attempt to trick other players into breaking this Agreement.
(3) The Game may include measures to control access to the Game, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Game and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Game, or any portions or components thereof, including any violations of this Agreement. Stitch Heads reserves the right to monitor use of the Game at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Game may not function properly. Additional terms and registration may be required to access online services and to download Game updates and patches. Only Games subject to a valid license can be used to access online services, including downloading updates and patches.
In addition to any other available remedies, we may limit, suspend or terminate the license granted and access to the Game at any time without notice or any reason whatsoever if you breach of any of these obligations.
6. CHANGES TO GAME
From time to time, without prior notice, we may in our sole discretion add new features to the Game, remove existing features from the Game, or otherwise modify or update the Game. We may provide updates that must be installed on your computer for you to access and use the Game. You hereby consent to us remotely installing updates to the Game software that resides on your computer, without further notice.
The media on which the Game software is distributed may contain additional software and content for which you do not have a licence (“Unsubscribed Software”). You understand and agree that we may install the Unsubscribed Software onto your computer during the Game software installation process. You will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble or decompile any Unsubscribed Software, until you receive from us a licence to use the Unsubscribed Software.
7. VIRTUAL PROPERTY
You have no property interest in any virtual currency, items or other property (collectively “Virtual Property”) that you obtain or purchase through or in connection with the Game. Any purchase or acquisition of Virtual Property is the purchase of a limited, non-transferable, revocable licence to use that Virtual Property within the Game. You may not transfer or resell Virtual Property for commercial gain. Virtual Property has no monetary value, and cannot be refunded or exchanged for cash or any other tangible value. If your Account is terminated or suspended for any reason, or if we discontinue the Game, all Virtual Property is unconditionally forfeited.
We have no liability for hacking or loss of your Virtual Property, and we have no obligation to (and will not) reimburse you for any Virtual Property lost due to your breach of this Agreement.
Without prejudice to any of our rights under this Agreement or at law or equity, we may terminate this Agreement. This Agreement automatically terminates when Stitch Heads determines or believes your use of the Game involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this Agreement, including, but not limited to, the Restrictions On Your Conduct in Section 5 above. If this Agreement terminates due to your violation of this Agreement, Stitch Heads may prohibit you from re-registering or re-accessing the Game. Upon any termination of this Agreement, you must permanently destroy all copies of the Game, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this Agreement, your rights to use the Game, will terminate immediately, and you must cease all use of the Game. The termination of this Agreement will not affect our rights or your obligations arising under this Agreement.
The provisions of Sections 1, 2, 3, 4, 7, 8, 9, 12, 13 and 14 survive any termination of this Agreement. You acknowledge and agree that the Game is an online computer game that must be played over the internet, and that we may, at any time and in our sole discretion, stop providing access to or support for the Game without notice or liability to you. You further acknowledge and agree that we may change, suspend, discontinue or restrict your access to any feature of the Game at any time without notice or liability to you.
9. LIMITATION OF LIABILITY AND DISCLAIMERS
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME AND EPIC MATERIALS OR INABILITY TO IS 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, ALL MATERIALS, THE GAME AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO THE EPIC MATERIALS FROM EPIC THAT THE GAME INCLUDES AND STITCH HEADS, EPIC, AND EPIC’S AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE GAME AND THE EPIC MATERIALS EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WITHOUT LIMITING THE FOREGOING, STITCH HEADS, EPIC AND EPIC’S AFFILIATES MAKE NO WARRANTY THAT (A) THE GAME AND EPIC MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE GAME AND OPERATION OF THE EPIC MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (E) THAT ANY DEFECTS IN THE GAME AND EPIC MATERIALS CAN OR WILL BE CORRECTED, (F) ANY OF THE EPIC MATERIALS WILL OPERATE PROPERLY, INCLUDING AS INTEGRATED IN THE GAME, (G) THAT THE EPIC MATERIALS ARE OR WILL BE IN COMPLIANCE WITH A PLATFORM MANUFACTURER’S RULES OR REQUIREMENTS, OR (H) THAT A PLATFORM MANUFACTURER HAS APPROVED OR WILL APPROVE THIS GAME, OR WILL NOT REVOKE APPROVAL OF THIS GAME FOR ANY OR NO REASON. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STITCH HEADS OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE THE GAME MAY GO OUT OF DATE, AND STITCH HEADS MAKES NO COMMITMENT TO UPDATE SUCH SOFTWARE.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY LOSS, DAMAGES OR INJURY OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME AND EPIC MATERIALS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME, EPIC MATERIALS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE GAME AND/OR EPIC MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
STITCH HEADS, EPIC AND EPIC’S AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE GAME FOR ANY PURPOSE. THE GAME, EPIC MATERIALS, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE GAME MAY INCLUDE TECHNICAL.
INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that your use of the Game and Epic Materials might be interrupted and will not be free of errors. You further understand and agree that Stitch Heads has no control over third party networks you may access in the course of the use of the Game, and therefore, delays and disruption of other network transmissions are completely beyond Stitch Heads’ control. The Game may be unavailable from time to time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands. Where reasonably possible we will give you prior notice of any scheduled service interruptions.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH STITCH HEADS, EPIC AND EPIC’S AFFILIATES IS TO STOP USING THE GAME. IN NO CASE SHALL ANY LIABILITY OF STITCH HEADS TO YOU EXCEED THE AMOUNT THAT YOU PAID TO STITCH HEADS OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME GIVING RISE TO ANY SUCH LIABILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPIC, EPIC’S LICENSORS, OR ANY OF ITS OR THEIR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EPIC MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL STITCH HEADS, ITS AFFILIATES, EPIC, EPIC’S AFFILIATES, EPIC’S LICENSORS NOR ANY OF ITS OR THEIR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT STITCH HEADS, EPIC OR EPIC’S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY OF USE OF THE GAME OR EPIC MATERIALS, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF STITCH HEADS, EPIC OR EPIC’S AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF STITCH HEADS, EPIC, EPIC’S LICENSORS, ITS AND THEIR AFFILIATES, AND ANY OF STITCH HEADS’ OR EPIC’S SERVICE PROVIDERS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10. INTERNATIONAL USE AND JURISDICTION
Although the Game may be accessible worldwide, Stitch Heads makes no representation that the Game or related materials are appropriate or available for use in locations outside the Netherlands, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game is void where prohibited.
The Game is subject to all applicable export laws and restrictions. The Game may not be re-exported, downloaded or otherwise exported to (or downloaded or installed by a national or resident of) any country to which the Netherlands maintains an embargo, or any person or entity specifically designated on a control list maintained by the Netherlands. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement will be governed by and construed in accordance with the laws in effect in the Netherlands, without reference to its choice of laws rules. You hereby attorn irrevocably to the exclusive jurisdiction of the Dutch courts in Breda; however, we may apply to a court of competent jurisdiction for interim protection or equitable relief such as an interlocutory or interim injunction.