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AIRSHIP SYNDICATE ENTERTAINMENT, INC. END USER LICENSE AGREEMENT
Last Updated: April 29, 2024
This is a legal agreement between you and Airship Syndicate Entertainment, Inc. (“Airship”). You’ll notice some capitalized terms in this End User License Agreement. They are called “defined terms,” and Airship uses them so Airship doesn’t have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout this End User License Agreement. For example, End User License Agreement is abbreviated and defined as the “EULA.” The term is defined where it first appears in bold font.
This EULA applies to the Services offered by Airship. “Services” mean collectively, the following: (a) games published, maintained or operated by Airship (for example, the “Wayfinder” game)(each a “Game” and collectively, the “Games”); (b) Content (as defined below); (c) Virtual Goods (as defined below); (d) Game Currency (as defined below); (e) Game Account (as defined below); any (f) any websites, downloadable content, expansion packs, patches, software updates, subscriptions, documents, or other products or other services that Airship sells or makes available to you. If you have any questions about this EULA, please send Airship a note at [email protected]. REMEMBER, THIS EULA IS A LEGAL CONTRACT BETWEEN YOU AND AIRSHIP. BY ACCESSING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA.
1. Please read this EULA carefully, and take particular care when reviewing these sections:
1.1. MANDATORY ARBITRATION (SECTION 17). WHEN YOU AGREE TO THIS EULA, YOU ARE AGREEING (SUBJECT TO APPLICABLE LAW) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AIRSHIP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
1.2. LIMITATION OF LIABILITY (SECTION 20). THIS EULA ALSO INCLUDES A LIMITATION ON LIABILITY THAT YOU CAN COLLECT FROM AIRSHIP THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE (SUBJECT TO APPLICABLE LAW) TO THE LIMITATION OF DAMAGES YOU CAN SEEK FROM AIRSHIP.
2. Eligibility and registration requirements in order to play Airship Games.
2.1. Minimum age. To create a Game Account (as defined below) and access some of Airship’s Services, you must be at least 13 years old or the minimum age for consenting to the collection and processing of your personal data under the laws of your jurisdiction, whichever is older (“Minimum Age”). If you are between the Minimum Age and the age of majority in your jurisdiction, your parent or guardian must review this EULA and accept it on your behalf. Parents and guardians are responsible for the acts of their children under 18 years of age when using the Services. Airship may allow a minor under the Minimum Age to register for certain Services with the verified consent of a parent or legal guardian as Airship deems acceptable. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the verification and approval process as consistent with applicable law. Airship recommends that parents and guardians familiarize themselves with parental controls on the devices they provide their child. If you are under the age of 18 and use the Services, then “you” as used in this EULA (unless context requires otherwise) includes both you and your parent or guardian.
2.2. Account creation. To access parts of the Services, you may need to create an in-game account (your “Game Account”). Your Game Account, if applicable, is separate from any account you may have with any App Store (your “App Store Account”). You may be able to create your Game Account using an existing account you have with Airship or your email address. To the extent you create your Game Account through the use of a third-party platform or store, for example, Facebook, the Epic Games Store, Steam game platform, the Google Play Store, Apple App Store, etc. (each, an “App Store”), Airship may access certain personal information that this third-party provides to Airship such as your email address and name to help create your Game Account. Further information about use of third-party accounts is provided in our Privacy Notice available at – [INSERT AIRSHIP PRIVACY NOTICE URL] – incorporated into this EULA by this reference. Please note that you may also be able to play certain Games without creating a Game Account, but you may not be able to access certain parts of the Game(s), and your Game data may be deleted if you uninstall or otherwise delete the Game Account.
2.3. Keep your information current with Airship. It’s important that you provide Airship with accurate, complete, and up-to-date information for your Game Account, and you agree to update such information to keep it that way. If you don’t, Airship may suspend or terminate your Game Account. You agree that you will not disclose your Game Account password to anyone, and will notify Airship immediately of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must immediately notify Airship.
2.4. No Game Account sharing. You may not sell, resell, rent, lease, share or provide access to your Game Account to anyone else. Airship reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
2.5. No False Accounts. You may not create a Game Account for anyone else or create a Game Account in a name other than your own.
2.6. Government restrictions that prohibit your access to the Services. Airship is a company based in the United States. As such, you cannot use the Services if: (a) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (b) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (c) you’re on any similar list promulgated by an official agency or department of the United States government. You warrant and represent that you are not located in, under the control of, or a national or resident of any country subject to a United States embargo.
3. Ownership rights of Airship.
3.1. All title, ownership, and intellectual property rights in and to the Services and Content are owned or licensed by Airship and/or Airship’s licensor(s). “Content” means all: (a) Airship Tools (as defined below), software, systems, tools, information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, lore, animation, concepts, audio-visual effects, virtual goods and in-game currency, interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, and all other elements comprising or supporting the Services and Content; (b) trademarks, logos, trade names, trade dress, service marks, and trade identities owned, licensed or controlled by Airship; and (c) all intellectual property rights in and to the Services and Content not described in subsections (a) and (b). The Services and Content are licensed, not sold, for your use. Your license confers no title or ownership in and to the Services or Content and should not be construed as a sale of any rights in and to the Services or Content.
3.2. YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU BY THIS EULA, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY OF THE CONTENT AND SERVICES (INCLUDING WITHOUT LIMITATION ANY GAME CURRENCY AND VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL RIGHTS IN AND TO SUCH CONTENT AND SERVICES (INCLUDING WITHOUT LIMITATION ANY GAME CURRENCY AND VIRTUAL GOODS) ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AIRSHIP AND ITS LICENSORS.
3.3. You agree that the Services contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and that you will not use such proprietary content, information or materials in any way whatsoever except as permitted under this EULA. No portion of the Services may be reproduced in any form or by any means other than as permitted under this EULA.
4. Your limited license rights. Subject to the terms of this EULA, and provided that you are not in breach of this EULA, Airship grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial enjoyment. To be clear, this license is personal to you only and does not give you any ownership rights in and to any of the Services (including ownership rights in and to the Content, Game Currency or Virtual Goods).
5. Availability of the Services may change or end.
5.1. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, AIRSHIP DOES NOT GUARANTEE THAT ANY PARTICULAR ASPECT OF THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME, OR THAT AIRSHIP WILL CONTINUE TO SUPPORT, MAINTAIN OR OFFER ANY OR ALL GAMES, OR THE SERVICES IN PART OR WHOLE, FOR ANY PARTICULAR LENGTH OF TIME. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIRSHIP, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, ADVISORS, AGENTS, OR LICENSORS (COLLECTIVELY, “AIRSHIP PARTIES”): (A) RESERVE THE RIGHT TO DISCONTINUE, MODIFY, LIMIT, CHANGE, SUSPEND, REMOVE, OR DISABLE ACCESS TO ALL OR PART OF THE SERVICES OR CONTENT AT ANY TIME WITHOUT NOTICE; AND (B) AIRSHIP PARTIES WILL NOT BE LIABLE TO YOU FOR DISCONTINUING, CHANGING, MODIFYING, LIMITING, SUSPENDING, REMOVING, OR DISABLING ACCESS TO ALL OR PART OF THE SERVICES.
5.2. Changes Airship may make to the Services may require that you download and install software and updates in order for you to have continued access to the Services. You also understand and agree that any such changes or updates to the Services might change the system specifications necessary to access the Services, and in such a case, you, and not Airship, are responsible for purchasing any necessary additional software or hardware in order to continue access and use of the Services. You also understand and agree that Airship may use background patching to automatically update the Services with or without notice to you. Also, Airship may restrict, modify, or limit your access to and use of part or all of the Services, depending on the territory in which you are located. Some or all of the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply in your country.
6. Prohibited conduct and restrictions. Airship strives to make our players and users feel safe and welcome when using the Services and playing the Games, and Airship wants everyone to play by the same rules. You agree not to do any of the following with respect to the Services, as determined by Airship in its sole and absolute discretion, as applicable:
6.1. use the Services commercially, for a promotional purpose, or for the benefit of any third-party or in any manner not permitted by this EULA;
6.2. use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between the Services and Airship;
6.3. use, or provide ancillary offerings to anyone, that are not offered within the Services by Airship (or the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third-party program add-ons, and any interference with online or network play;
6.4. access or use the Services on more than one device at the same time;
6.5. copy, reproduce, distribute, display, mirror, frame or use any part of the Services in a way that is not expressly authorized in this EULA;
6.6. sell, rent, lease, license, distribute, or otherwise transfer any part of the Services, including, without limitation, Virtual Goods or Game Currency, including participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content;
6.7. attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, data mine, decompile, or disassemble or make derivative works based upon any part of the Services;
6.8. remove, disable, circumvent, or modify any technological measure that Airship implements to protect them or any of their associated intellectual property;
6.9. create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other Game modes or otherwise engage in Cheating (as defined below);
6.10. attempt to probe, scan or test the vulnerability of the Services or breach any security or authentication measures;
6.11. access, tamper with, or use non-public areas of the Services;
6.12. upload, publish, submit or transmit any UGC (as defined below) or Custom Content (as defined below), create a user name or account name, or otherwise engage in any behavior that:
6.12.1. infringes, misappropriates or violates Airship’s or a third-party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy, or any other rights of third-parties;
6.12.2. violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
6.12.3. is fraudulent, false, misleading or deceptive;
6.12.4. is grossly harmful, racially or ethnically objectionable, disparaging, blasphemous, libelous, defamatory, obscene, pornographic, pedophilic, vulgar or offensive;
6.12.5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6.12.6. is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity;
6.12.7. harms minors in any way; or
6.12.8. promotes illegal or harmful activities or substances;
6.13. engage in any behavior that:
6.13.1. violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
6.13.2. is fraudulent, false, misleading or deceptive, including “trolling;”
6.13.3. is defamatory, obscene, pornographic, vulgar or offensive;
6.13.4. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6.13.5. is disruptive to the Services, its users or user community, is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or entity; or
6.13.6. promotes illegal or harmful activities or substances;
6.14. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;
6.15. collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
6.16. behave in a manner which is detrimental to the enjoyment of the Services by other users as determined by Airship in its sole judgment, including, without limitation, harassment, use of abusive or offensive language, Game abandonment, Game sabotage, spamming, behaving in a disruptive manner, social engineering, or scamming, or contrary to public morals or public policy;
6.17. impersonate or misrepresent your affiliation with any person or entity, or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6.18. use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
6.19. play on another person’s Game Account to “boost” that Game Account’s status, level or rank;
6.20. use the Services in any way that would affect Airship adversely or reflect negatively on Airship or the Services or discourage any person from using all or any portion of the features of the Services;
6.21. encourage, promote, take part in or enable anyone else to do any of the foregoing; or
6.22. violate any applicable law or regulation. If you encounter another user who is violating any of these rules, please report this activity to Airship using the “Report Abuse” function in the relevant Game or part of the Service, if that feature is available, or contact Airship at [email protected].
7. User generated and custom content.
7.1. User Generated Content. “UGC” means all digital content or communications that you create, upload, or distribute via the Services, including but not limited to: text, posts, audio, or audio-visual communications, artwork, code, scripts, textures, models, maps, files, or other assets or documents; photos, images, video, or any other audio or audio-visual works. UGC specifically excludes Custom Content (defined below). You are solely responsible and liable for the UGC that you create, upload, or distribute via the Services (“Your UGC”), and you hereby represent and warrant to Airship that Your UGC will not violate this EULA.
7.2. Rights to UGC. By creating, uploading, or distributing Your UGC to or via the Services, you represent to Airship that you own all rights in and to Your UGC on a sole and unencumbered basis, and that any such rights you grant to Airship in this Section 7, and Airship’s exploitation of those rights, will not violate or infringe the rights of any third-parties. You retain whatever rights, if any, you may have under applicable law in Your UGC. You hereby grant Airship an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit Your UGC within or via the Services and for any other commercial and non-commercial purpose whatsoever, without compensation or notice to you, and for the full duration of the intellectual property rights pertaining to Your UGC (including all revivals, reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to Airship herein explicitly include the right for Airship to allow other users to use Your UGC as part of the operation of the Services. If you have rights in the UGC that cannot be licensed to Airship under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights.
7.3. Custom Content. Some of our Services may allow you to use Airship tools, editing software, in-game functionality, or other features made available by Airship (“Airship Tools”) to edit the Content to (for example) create custom levels, maps, in-game assets, designs, apparel, characters, livery, courses, games, or other content based on the Content (“Custom Content”). Custom Content includes, without limitation, all content created using Airship Tools including in-game assets, maps, screenshots, videos, recordings of in-game audio, gameplay clips, and livestreams. You may only use Custom Content within the Services. You are solely responsible for the Custom Content you create and agree that such Custom Content will not violate this EULA or infringe the intellectual property rights of any third-parties.
7.4. Rights to Custom Content. Airship reserves all right, title and interest in and to and Custom Content to the maximum extent permitted under applicable law. If, under applicable law, your creation of Custom Content results in you holding any intellectual property rights in and to such Custom Content then, in exchange for the rights licensed to you in this EULA, you hereby immediately and freely assign to Airship on a rolling basis, upon the creation of such Custom Content, all right, title, and interest in and to such Custom Content, including without limitation, all intellectual property rights throughout the world for the full duration of such intellectual property rights (including all revivals, reversions, and extensions of those rights). If, despite the foregoing assignment, you for any reason retain any intellectual property interest or other rights in and to the Custom Content, then you hereby grant to Airship an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive and sublicensable right, to use, reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit such Custom Content within or via the Services or for any other commercial and non-commercial purpose, without compensation or notice, for the full duration of the intellectual property rights pertaining to such Custom Content (including all revivals, reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to Airship herein explicitly include the right for Airship to allow other users to use such Custom Content as part of our operation of the Services. If you have rights in the Custom Content that cannot be licensed to Airship under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights.
7.5. UGC and Custom Content Moderation; Right to Remove. Airship has no obligation to host, maintain, support, or distribute any of Your UGC or the Custom Content that you create. We have not necessarily reviewed and are not obligated to actively monitor any UGC or Custom Content that may be available via the Services. Airship does not confirm the security, quality, or originality of any UGC or Custom Content. UGC and Custom Content do not represent the views of Airship Parties. You understand that Airship may modify, take-down, suppress, block, hide, remove, or delete any or all UGC or Custom Content, and report any illegal UGC or Custom Content and any related user information to the appropriate authorities. Consistent with Airship’s obligations under applicable law, if Airship takes adverse action against Your UGC or the Custom Content you create from the Services, suspends or bans your Game Account, or otherwise restricts your access to some or all of the Services, Virtual Goods or your Game Account as a result of Your UGC or the Custom Content you create, Airship will endeavor (but is not required) to notify you of the same.
8. Virtual Goods and Game Currency.
8.1. Purchasing or obtaining Virtual Goods and Game Currency. Subject to applicable foreign exchange control regulations in your jurisdiction, Airship may offer certain upgrades and options within the Services that you can buy with real world currency, including, but not limited to, in-game currency where permitted under applicable law (“Game Currency”), character skins, mounts and vehicles, digital cards, experience boosts, gear, and other customizations for your in-game characters, and other such digital add-on items that may improve your experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the functionality of the Services, Game Currency and Virtual Goods are not transferable from one Game to another Game offered by Airship. You may also be able to obtain certain Virtual Goods and Game Currency without making a purchase, such as an in-game award.
8.2. Your license to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items, and your use of them is governed by this EULA. VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH OR REMOVED FROM THE GAMES. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not sold. Provided you comply with the terms of this EULA, Airship grants you the following license: a revocable, personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use Virtual Goods or Game Currency that you purchased or otherwise lawfully obtained, solely in connection with your use of the Game in question and within the Services, and for no other purpose. Unless expressly permitted by Airship in a specific Game, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Goods or Game Currency if Airship suspects any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
8.3. Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, Airship may, in its sole discretion, modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you, such as if Airship needs to temporarily suspend a Game or Services to make updates, has an emergency that requires Airship to disable its Services, or if Airship needs to ultimately shut a Game down for any reason. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST AIRSHIP PARTIES RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THIS EULA, OR (IV) MODIFICATION OR TERMINATION OF THE SERVICES, OR ANY ELEMENT THEREOF.
8.4. Airship may, from time to time, modify, amend, or supplement the prices and other terms applicable to purchasing Game Currency and Virtual Goods. Except where prohibited by law in your jurisdiction, such modifications, amendments, supplements, or terms shall be effective immediately upon posting and shall be incorporated by reference into this EULA.
9. Purchases and Refunds. The following terms apply unless prohibited by applicable law:
9.1. Refund policies vary among Third-Party Service Providers . While using the Services, you may have the opportunity to make purchases of items such as Games, Game Currency, Virtual Goods, etc., and such purchases may be available (or only available) through an App Store or other third-party platform (each, a “Third-Party Service Provider”). Your purchases through a Third-Party Service Provider are subject to any applicable terms or conditions imposed by the Third-Party Service Provider. Please note that refund policies vary among Third-Party Service Providers. Therefore, before purchasing a Game, Virtual Goods and/or Game Currency by and through a Third-Party Service Provider of your choice, please first familiarize yourself with the return policy of your chosen Third-Party Service Provider. Airship is not liable to you for the acts, omissions, results, disputes, information, content, refund policies or interactions you may encounter while using a Third-Party Service Provider, including without limitation, any policy changes implemented by a Third-Party Service Provider after you have made purchases. Any concerns you have regarding the transactions, refund policies, results, information, content, or interactions you may encounter while using such Third-Party Service Provider should be directed to the applicable Third-Party Service Provider.
9.2. Refund policy of Airship . If you make a purchase directly from Airship (and not through a Third-Party Service Provider), then the following refund policy applies:
9.2.1. Games are eligible for full returns, but only if played less than two (2) hours and purchased within 14 days of the refund request.
9.2.2. All sales of Game Currency and Virtual Goods are final. No refunds will be issued to you except in Airship’s sole and absolute discretion.
9.2.3. Refunds for real money will only be issued to the form of payment you used to make the purchase. For example, if you paid via credit card, the refund will be issued to the same credit card.
9.2.4. Airship will only issue you a refund if the form of payment you used has the ability to process refunds. For example, Airship can issue you a refund for payments made via credit/debit card or PayPal, but not for gift cards and prepaid cards.
9.2.5. In order to request a refund, contact [email protected]
9.2.6. Refunds are designed to remove the risk from making purchases from Airship—not as a way to get free stuff. If it appears to Airship that you are abusing this refund policy, Airship may terminate your Game Account and right to access the Services.
9.2.7. Please allow up to 10 business days from when Airship-approved the return for you to receive the refund.
9.3. Retail purchases. Airship may offer codes or product keys that can be activated while using the Services. Subject to foreign exchange control regulations applicable in your jurisdiction, such codes or keys must be purchased (or otherwise obtained legally) through Airship or an authorized retailer to be valid. If you purchase or use such a code or key by and through an authorized retailer, that authorized retailer is responsible for addressing any issues you have with these codes or keys. If you have a question whether a particular retailer is an authorized retailer for Airship, please contact Airship at [email protected] to further inquire.
9.4. Price changes. Subject to applicable law, Airship may change the price of the Services, the Game, Virtual Goods, Game Currency or Content, at any time, for any reason, with or without notice to you.
10. Seizure warning. Some individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games. Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity. If you have an epileptic or photosensitivity condition, please consult your physician before using the Services. If you experience any of the following symptoms while using the Services, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.
11. Your consent for Airship to monitor your activities while using the Services. Airship may monitor and/or record your communications (including without limitation chat text or voice communications) when you are using the Services. YOUR COMMUNICATIONS ON THE SERVICES ARE NOT PRIVATE. The Services (and particularly our Games) may have built-in mechanisms designed to prevent enabling one user to gain an unfair advantage over other users (these actions are “Cheating,” and the software is the “Cheat Detection Software”). Airship may add or update our Cheat Detection Software periodically as Airship may require in its sole discretion. The Cheat Detection Software and other third-party services that enable chat text and voice text communications may have simultaneous, real-time access to your communications on the Services. By using our communication features, you consent to these service providers accessing, processing, and recording your communications on the Services. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to Airship’s Privacy Notice and applicable law. In the event that Airship in its sole and absolute discretion concludes that you are Cheating, you agree that Airship may exercise any or all of Airship’s rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game, Airship may terminate your license to use all of the Services (including other Games offered by Airship). Although Airship is not obligated to monitor access to or use of the Services, Airship has the right to do so for the purpose of operating and publishing the Services, to ensure compliance with this EULA, to protect the health or safety of anyone that Airship believes may be threatened, to protect Airship’s legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law.
12. Beta testing. From time to time, Airship may offer a beta version of a Game or other features in the Services (a “Beta”). As the name implies, Betas are not commercial launch versions, are not guaranteed to work properly, and may include bugs and other gameplay disruptions and errors. For the license granted to you in Section 4 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:
12.1. Airship may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test;
12.2. Airship may modify or terminate any Beta at any time, which may then render the Beta (including any of your Custom Content, UGC, Game Currency and Virtual Goods available by and through the Beta) permanently or temporarily unplayable, inaccessible, unusable, and/or unable to function properly. When Airship terminates a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from Airship in connection with the Beta;
12.3. termination of a Beta by Airship is not grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any free Virtual Goods or free Game Currency; and
12.4. if and when Airship releases a non-Beta version of a particular Game, Airship may allow your use of the Game to continue to the non-Beta version. If so allowed by Airship, your continued use of a Game will no longer be subject to this Section 12, but will still be subject to the rest of this EULA.
13. Feedback.
13.1. While using the Services, you may be inclined to want to share your feedback, good, bad or otherwise, with Airship (“Feedback”). But if you choose to give Airship your Feedback, Airship needs to be free to use the Feedback how it sees fit and without paying you. You can submit Feedback by contacting Airship at [email protected] or via the functionality of the Services (if available).
13.2. If you provide Airship with any Feedback, you hereby grant Airship the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose. This license does not lapse or expire even if Airship does not exercise its rights under this license within a certain period of time. If you have rights in the Feedback that cannot be licensed to Airship under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that Airship does not have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to Airship sufficient to grant Airship and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.
13.3. In posting such Feedback, you warrant that your feedback is in compliance with this EULA, and you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or in breach of any agreement, infringing upon any third-party rights, or violation of applicable law.
14. DMCA/Copyright policy. Airship will respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe that any aspect of the UGC, Custom Content or Services constitutes copyright infringement or misappropriation of your trademark, please submit a notice of alleged infringement to Airship’s designated agent with the following written information: (a) your name, address, telephone number, and email address; (b) a detailed description of the copyrighted work that you claim has been infringed; (c) the URL, screenshot or a detailed description of where the material that you claim is infringing is located; (d) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; (e) your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and (f) a physical or electronic signature of owner of the copyright at issue or person authorized to act on their behalf. Our designated DMCA agent contact information is:
Airship Syndicate Entertainment, Inc.
Attn: DMCA Designated Agent
2700 W. Anderson Lane, Suite 801
Austin, Texas, U.S.A. 78723
Email :
Please note that under the DMCA, you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
15. Third-Party websites and resources. From time-to-time, Airship may make available outside links for your convenience, but please note that Airship doesn’t guarantee them in any way. Airship provides these links only as a convenience and are not responsible for the content, products, viruses, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, links or resources.
16. Hardware, data charges and related costs. This is a reminder that you will provide at your own cost and expense the equipment, Internet or other connection charges, required to access and use the Services. Airship makes no warranty that the Services can be accessed on all personal computers, games consoles, smartphones, tablets or other devices by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur to use or stream the Services.
17. BINDING ARBITRATION AND CLASS ACTION WAIVER. READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
17.1. Applicability. These binding arbitration and class action waiver provisions apply to you if you are domiciled in and/or acquired and use the Services in the United States, or anywhere else in the world, but excluding Australia, Japan, United Kingdom or a European Union country. This Agreement is governed by the Federal Arbitration Act (“FAA”) and federal arbitration law. To the fullest extent allowed by applicable law, you and Airship agree to submit all Disputes between you and Airship to individual, binding arbitration pursuant to the provisions in this Section 17. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below in Section 17.2) between you and Airship that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, all marketing related to the Services, the Content, Virtual Goods, UGC, Custom Content, Game Currency, any licensed content, and all matters relating to or arising from this EULA (including Airship’s Privacy Notice and all other terms incorporated into this Agreement) or any other agreement between you and Airship, including any disputes over the validity or enforceability of this agreement to arbitrate. A Dispute shall be subject to these binding arbitration and class action waiver provisions regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims or requests for relief that accrued before you entered into this EULA. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
17.2. Disputes excluded from arbitration. Notwithstanding the parties' decision to resolve all Disputes through arbitration, Airship shall have the right, but not the obligation, to bring an action in state or federal court that for any Disputes against you for: fraud, patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation. Such claims are subject to the jurisdiction and applicable law provisions in Section 18.
17.3. Initial Dispute Resolution. In an effort to accelerate resolution and reduce the cost of any Dispute (but excluding the Disputes set forth in Section 17.2) between you and Airship, you and Airship agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates arbitration (the “Initial Dispute Resolution Period”); provided however, the Initial Dispute Resolution Period may be shortened by Airship if exigencies exist as determined by Airship in its good faith business judgment. The 60-day period begins upon receipt of written notice from the party raising the Dispute. If Airship has a Dispute with you, it will send notice of that Dispute to your billing address and email address you have provided to Airship. If you have a Dispute with Airship, you must notify Airship in writing at the following email address: [email protected] , using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include your name, the screen name and/or email address associated with your player account, and your residential address. Your notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and explain what you want Airship to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to you initiating arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you to initiate arbitration, unless it contains all of the information required by this Section 17.3. If you commence an arbitration without having previously provided a valid and compliant notice of Dispute, you and Airship agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until you initiated the Dispute complies with this Section 17.3. You and Airship authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with this Section 17.3.
17.4. Binding Arbitration.
17.4.1. If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, subject to Airship’s rights under Section 17.2. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.
17.4.2. Arbitration hearings may be conducted by videoconference only. You and Airship agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
17.4.3. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Airship, and any award of the arbitrator may be entered in any court of competent jurisdiction.
17.4.4. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.
17.4.5. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not arbitrable, you and Airship agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
17.5. Class action waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND AIRSHIP AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
17.6. Severability. If any provision in this Section 17 is found to be unenforceable, that provision shall be severed with the remainder of this EULA remaining in full force and effect.
17.7. Exception – Mass Arbitration before FedArb. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Airship agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and Airship agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this Agreement. The FedArb Rules are available at https://www.fedarb.com/. You and Airship agree that the Mass Arbitration shall be resolved using FedArb’s ADR-MDL Framework for Mass Arbitration Proceedings. Before any Mass Arbitration is filed with FedArb, you and Airship agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb. You and Airship agree that if either party fails or refuses to commence the Mass Arbitration before FedArb rather than JAMS, you or Airship may seek an order from JAMS compelling compliance and directing administration of the Mass Arbitration before FedArb. Pending resolution of any such requests, you and Airship agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed.
17.8. 30 day right to opt out of arbitration. You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this EULA by sending written notice of your decision to opt-out to the following email address: [email protected] , using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of your first purchase by and through the Services or a Third-Party Service Provider (or if no purchase was made, then within 30 days of the date on which you first access or use the Services); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this EULA. If you opt-out of these arbitration provisions, Airship also will not be bound by them.
18. Jurisdiction and applicable law.
18.1. For residents in the United States, Mexico, Canada and the rest of the world, but other than Australia, Japan, United Kingdom or a European Union country. Any claims or requests for relief arising out of this EULA (including interpretation, claims for breach, and all other claims or requests for relief (including consumer protection, unfair competition, and tort claims)) for residents of the United States, Mexico, Canada and the rest of the world, but other than Australia, Japan, United Kingdom or a European Union country, will be subject to the laws of the State of Texas, United States of America, without reference to conflict of laws principles. In addition, you and Airship irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Travis County, Texas to resolve any claims or requests for relief that are subject to arbitration agreement described in Section 17 above, or otherwise determined not to be arbitrable. Nothing in this section shall preclude you or Airship from removing to federal court a case originally filed in state court, if federal court jurisdiction exists. To the fullest extent permitted by law, any claim or request for relief in a demand for arbitration filed pursuant to this EULA shall be barred if filed more than two (2) years after the date that the claim or request for relief accrued.
18.2. For residents in the European Union and the United Kingdom. For residents in the European Union and the United Kingdom, then the laws of England and Wales govern the interpretation of this EULA and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the European Union country (e.g., the French Republic, or the Federal Republic of Germany) or the United Kingdom in which you acquired and use the Services. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Services, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.
18.3. For residents in Australia or Japan. For residents in Australia or Japan, then the laws of Australia govern the interpretation of this EULA and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you acquired and use the Services (being either Australia or Japan). To the extent permitted by applicable law, you agree to the jurisdiction of the courts of New South Wales, Australia.
18.4. Waiver to trial by jury. To the extent permitted by applicable law, you and Airship agree to waive rights to a trial by jury.’
19. WARRANTY DISCLAIMER.
19.1. SUBJECT TO SECTIONS 19.2, 19.3 AND 19.4 BELOW, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” NONE OF THE AIRSHIP PARTIES MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE GAME, THE SERVICES, CONTENT OR THIRD-PARTY SERVICE PROVIDERS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. AIRSHIP PARTIES DO NOT REPRESENT OR WARRANT THAT THE GAME, SERVICES, CONTENT OR THIRD-PARTY SERVICE PROVIDERS WILL BE: (A) AVAILABLE ON AN ONGOING, UNINTERRUPTED, SECURE, ERROR-FREE OR BUG-FREE BASIS; (B) FREE OF VIRUSES; OR (C) RELIABLE OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, AIRSHIP PARTIES DISCLAIM ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SATISFACTORY QUALITY.
19.2. For residents in the European Economic Area: Certain statutory conformity warranties may be applicable to pursuant to European Economic Area provisions, and nothing in this EULA is intended to affect those rights. Your local laws may provide you with a legal guarantee that the Services will be in legal conformity at the time of supply and during the life of this EULA with you. Under this legal guarantee, Airship may be liable for lack of conformity of the Services and you may have a right to, under your local laws: (a) have the Services brought back into conformity; or (b) receive a proportionate refund and/or (c) terminate the EULA.
19.3. For residents of France: French law grants you as consumers the following statutory rights and guarantees in relation to the Product. Airship will therefore offer you the protection granted by law under the legal warranty of conformity provided by articles L. 224-25-12 to L. 224-25-26 of the French Consumer Code. Airship is liable for supplying Services that comply with this EULA and with the objective and subjective criteria set out by the law. Regarding one-off supply, Airship is accountable for any non-conformity that exists at the time of supply and which becomes apparent within two years of supply. Regarding digital content or services supplied on a continuous basis, Airship is accountable for any non-conformity which becomes apparent during the period in which it is supplied under this EULA. Airship is also accountable, within the same time limits, for any non-conformity resulting from the incorrect integration of the digital content or service into the consumer's digital environment where this has been done by Airship or under Airship’s responsibility, or where the incorrect integration by the consumer is the result of deficiencies in the instructions provided by Airship. For the 12 month period following the supply of the Services, the consumer will not be required to prove the existence of the defect. In the event of lack of conformity, the consumer shall be entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or to cancel the contract under the conditions set out in the French Consumer Code.
19.4. For residents of Australia. You have certain statutory guarantees under Australian consumer law and nothing in this EULA is intended to affect those rights. Services that you have purchased may come with guarantees that cannot be excluded under Australian consumer law. You may be entitled to a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
20. LIMITATION OF LIABILITY.
20.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT PREJUDICE TO STATUTORY CONFORMITY WARRANTIES THAT MAY APPLY TO YOU UNDER YOUR LOCAL LAWS, NONE OF THE AIRSHIP PARTIES SHALL BE LIABLE IN ANY WAY FOR DAMAGES OR LOSSES OF ANY KIND RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GAME BUGS, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO UGC, CUSTOM CONTENT, ACCOUNTS, STATISTICS, INVENTORIES, GAME CURRENCY, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD-PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL AIRSHIP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
20.2. IN NO CASE SHALL THE LIABILITY OF AIRSHIP PARTIES EXCEED THE AMOUNT THAT YOU PAID TO AIRSHIP DURING THE 12 MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
20.3. IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF THE JURISDICTION IN WHICH YOU VALIDLY ACQUIRED AND USE THE SERVICES ,AND IN WHICH CASE THE LIABILITY OF AIRSHIP PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21. Indemnification. If someone sues Airship based on your breach of this EULA or your access or use of the Services, then you agree to indemnify and hold harmless the Airship Parties in connection with: (a) any breach by you of this EULA; and/or (b) your creating, posting or uploading of any UGC or Custom Content.
22. Changes to this EULA. Airship reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this EULA at any time, effective with or without prior notice, and by any means, including without limitation, by posting notification on any Airship-controlled website, by email, through a patch process, pop-up screen or in-game notice. Your continued use of the Services following any revision to this EULA constitutes your acceptance of any such changes. Additionally, you may be asked to affirmatively accept updates to this EULA from time to time. Note that if you do not affirmatively indicate your acceptance when requested, you may not be able to continue to use the Services.
23. Termination. To the fullest extent consistent with applicable law, Airship may suspend, modify or terminate your access to, and use of, the Services, including all Games, Virtual Goods, Game Currency, Content and your Game Account, and with no liability or notice to you, for reasons including, but not limited to: (a) Airship decides to no longer offer, update, support, maintain, develop, sell or publish the Game(s) and/or related Services; (b) you breach any terms of this EULA or the Privacy Notice; (c) the owner of the applicable App Store terminates your App Store Account; or (d) any other reason that Airship decides in its sole and absolute discretion. You may also terminate this EULA by deleting and uninstalling the Services on all of your devices. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by Airship in Airship’s sole and absolute discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, and you may no longer exercise any of those rights or this EULA.
24. Miscellaneous terms.
24.1. Entire agreement. This EULA and any other document or information referred to in this EULA constitutes the entire and exclusive understanding between you and Airship regarding the Services and supersedes any and all prior oral or written understandings or agreements between you and Airship regarding the Services.
24.2. Severability. THIS EULA DESCRIBES CERTAIN LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS UNDER THE LAWS OF YOUR JURISDICTION. THIS EULA DOES NOT CHANGE YOUR RIGHTS UNDER THE LAWS OF YOUR JURISDICTION IF THE LAWS OF YOUR JURISDICTION DO NOT PERMIT IT TO DO SO. AS NOTED ABOVE, LIMITATIONS AND EXCLUSIONS OF WARRANTIES AND REMEDIES IN THIS EULA MAY NOT APPLY TO YOU BECAUSE YOUR JURISDICTION MAY NOT ALLOW THEM IN YOUR PARTICULAR CIRCUMSTANCE. IF ANY PROVISION OF THIS EULA SHALL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS EULA AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
24.3. Assignment and transfer. Airship may assign this EULA, in whole or in part, at any time without notice to you. You may not assign this EULA or transfer any rights in and to this EULA to a third-party. Any attempt by you to assign or transfer this EULA will be null and void.
24.4. Notices. You consent to Airship providing you notifications about the Services or information the law requires Airship to provide via email to any address that you specified in your Game Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the Services. For Services that do not require you to register or provide an email address, notices and other information may be made available in updates to this EULA.
24.5. Force majeure. Airship shall not be liable for any delay or failure to perform resulting from causes outside of Airship’s control, including without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Airship’s control such as acts of God, war, terrorism, riots, pandemics, endemics, embargoes, cloud storage failures, Internet outages, virus and malware attacks, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
24.6. Equitable Remedies. Notwithstanding anything to the contrary set forth in EULA, including without limitation Section 17, in the event that you breach this EULA, you hereby agree that Airship would be irreparably damaged if this EULA were not specifically enforced, and therefore you agree that Airship shall be entitled to seek from a court (and not via arbitration), without bond, other security, or proof of damages, appropriate equitable and injunctive remedies with respect to breaches of this EULA, in addition to such other equitable and injunctive remedies as Airship may otherwise have available to it under applicable laws.
24.7. No waiver. Airship and your actions or inactions will not create any other rights under this EULA except as what is explicitly written within this EULA. Airship’s failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a company officer for Airship. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
24.8. Language. The original language of this EULA is in English; any translations are provided for reference purposes only. To the maximum extent permitted by applicable law, you waive any right you may have under the law of your country to have this EULA written or construed in any other language.
24.9. Survival. Sections 3, 7.2, 7.4, 13.2, 17, 18, 19, 20, 21 and 24 shall survive the termination of this EULA for any reason.
If you have any questions about this EULA, please email Airship at [email protected].
Last Updated: April 29, 2024
This is a legal agreement between you and Airship Syndicate Entertainment, Inc. (“Airship”). You’ll notice some capitalized terms in this End User License Agreement. They are called “defined terms,” and Airship uses them so Airship doesn’t have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout this End User License Agreement. For example, End User License Agreement is abbreviated and defined as the “EULA.” The term is defined where it first appears in bold font.
This EULA applies to the Services offered by Airship. “Services” mean collectively, the following: (a) games published, maintained or operated by Airship (for example, the “Wayfinder” game)(each a “Game” and collectively, the “Games”); (b) Content (as defined below); (c) Virtual Goods (as defined below); (d) Game Currency (as defined below); (e) Game Account (as defined below); any (f) any websites, downloadable content, expansion packs, patches, software updates, subscriptions, documents, or other products or other services that Airship sells or makes available to you. If you have any questions about this EULA, please send Airship a note at [email protected]. REMEMBER, THIS EULA IS A LEGAL CONTRACT BETWEEN YOU AND AIRSHIP. BY ACCESSING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA.
1. Please read this EULA carefully, and take particular care when reviewing these sections:
1.1. MANDATORY ARBITRATION (SECTION 17). WHEN YOU AGREE TO THIS EULA, YOU ARE AGREEING (SUBJECT TO APPLICABLE LAW) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AIRSHIP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
1.2. LIMITATION OF LIABILITY (SECTION 20). THIS EULA ALSO INCLUDES A LIMITATION ON LIABILITY THAT YOU CAN COLLECT FROM AIRSHIP THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE (SUBJECT TO APPLICABLE LAW) TO THE LIMITATION OF DAMAGES YOU CAN SEEK FROM AIRSHIP.
2. Eligibility and registration requirements in order to play Airship Games.
2.1. Minimum age. To create a Game Account (as defined below) and access some of Airship’s Services, you must be at least 13 years old or the minimum age for consenting to the collection and processing of your personal data under the laws of your jurisdiction, whichever is older (“Minimum Age”). If you are between the Minimum Age and the age of majority in your jurisdiction, your parent or guardian must review this EULA and accept it on your behalf. Parents and guardians are responsible for the acts of their children under 18 years of age when using the Services. Airship may allow a minor under the Minimum Age to register for certain Services with the verified consent of a parent or legal guardian as Airship deems acceptable. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the verification and approval process as consistent with applicable law. Airship recommends that parents and guardians familiarize themselves with parental controls on the devices they provide their child. If you are under the age of 18 and use the Services, then “you” as used in this EULA (unless context requires otherwise) includes both you and your parent or guardian.
2.2. Account creation. To access parts of the Services, you may need to create an in-game account (your “Game Account”). Your Game Account, if applicable, is separate from any account you may have with any App Store (your “App Store Account”). You may be able to create your Game Account using an existing account you have with Airship or your email address. To the extent you create your Game Account through the use of a third-party platform or store, for example, Facebook, the Epic Games Store, Steam game platform, the Google Play Store, Apple App Store, etc. (each, an “App Store”), Airship may access certain personal information that this third-party provides to Airship such as your email address and name to help create your Game Account. Further information about use of third-party accounts is provided in our Privacy Notice available at – [INSERT AIRSHIP PRIVACY NOTICE URL] – incorporated into this EULA by this reference. Please note that you may also be able to play certain Games without creating a Game Account, but you may not be able to access certain parts of the Game(s), and your Game data may be deleted if you uninstall or otherwise delete the Game Account.
2.3. Keep your information current with Airship. It’s important that you provide Airship with accurate, complete, and up-to-date information for your Game Account, and you agree to update such information to keep it that way. If you don’t, Airship may suspend or terminate your Game Account. You agree that you will not disclose your Game Account password to anyone, and will notify Airship immediately of any unauthorized use of your Game Account. You are responsible for all activities that occur under your Game Account, whether or not you know about them. If you believe that your Game Account is no longer secure, then you must immediately notify Airship.
2.4. No Game Account sharing. You may not sell, resell, rent, lease, share or provide access to your Game Account to anyone else. Airship reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
2.5. No False Accounts. You may not create a Game Account for anyone else or create a Game Account in a name other than your own.
2.6. Government restrictions that prohibit your access to the Services. Airship is a company based in the United States. As such, you cannot use the Services if: (a) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (b) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (c) you’re on any similar list promulgated by an official agency or department of the United States government. You warrant and represent that you are not located in, under the control of, or a national or resident of any country subject to a United States embargo.
3. Ownership rights of Airship.
3.1. All title, ownership, and intellectual property rights in and to the Services and Content are owned or licensed by Airship and/or Airship’s licensor(s). “Content” means all: (a) Airship Tools (as defined below), software, systems, tools, information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, lore, animation, concepts, audio-visual effects, virtual goods and in-game currency, interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, and all other elements comprising or supporting the Services and Content; (b) trademarks, logos, trade names, trade dress, service marks, and trade identities owned, licensed or controlled by Airship; and (c) all intellectual property rights in and to the Services and Content not described in subsections (a) and (b). The Services and Content are licensed, not sold, for your use. Your license confers no title or ownership in and to the Services or Content and should not be construed as a sale of any rights in and to the Services or Content.
3.2. YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU BY THIS EULA, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY OF THE CONTENT AND SERVICES (INCLUDING WITHOUT LIMITATION ANY GAME CURRENCY AND VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL RIGHTS IN AND TO SUCH CONTENT AND SERVICES (INCLUDING WITHOUT LIMITATION ANY GAME CURRENCY AND VIRTUAL GOODS) ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AIRSHIP AND ITS LICENSORS.
3.3. You agree that the Services contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and that you will not use such proprietary content, information or materials in any way whatsoever except as permitted under this EULA. No portion of the Services may be reproduced in any form or by any means other than as permitted under this EULA.
4. Your limited license rights. Subject to the terms of this EULA, and provided that you are not in breach of this EULA, Airship grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial enjoyment. To be clear, this license is personal to you only and does not give you any ownership rights in and to any of the Services (including ownership rights in and to the Content, Game Currency or Virtual Goods).
5. Availability of the Services may change or end.
5.1. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, AIRSHIP DOES NOT GUARANTEE THAT ANY PARTICULAR ASPECT OF THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME, OR THAT AIRSHIP WILL CONTINUE TO SUPPORT, MAINTAIN OR OFFER ANY OR ALL GAMES, OR THE SERVICES IN PART OR WHOLE, FOR ANY PARTICULAR LENGTH OF TIME. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIRSHIP, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, ADVISORS, AGENTS, OR LICENSORS (COLLECTIVELY, “AIRSHIP PARTIES”): (A) RESERVE THE RIGHT TO DISCONTINUE, MODIFY, LIMIT, CHANGE, SUSPEND, REMOVE, OR DISABLE ACCESS TO ALL OR PART OF THE SERVICES OR CONTENT AT ANY TIME WITHOUT NOTICE; AND (B) AIRSHIP PARTIES WILL NOT BE LIABLE TO YOU FOR DISCONTINUING, CHANGING, MODIFYING, LIMITING, SUSPENDING, REMOVING, OR DISABLING ACCESS TO ALL OR PART OF THE SERVICES.
5.2. Changes Airship may make to the Services may require that you download and install software and updates in order for you to have continued access to the Services. You also understand and agree that any such changes or updates to the Services might change the system specifications necessary to access the Services, and in such a case, you, and not Airship, are responsible for purchasing any necessary additional software or hardware in order to continue access and use of the Services. You also understand and agree that Airship may use background patching to automatically update the Services with or without notice to you. Also, Airship may restrict, modify, or limit your access to and use of part or all of the Services, depending on the territory in which you are located. Some or all of the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply in your country.
6. Prohibited conduct and restrictions. Airship strives to make our players and users feel safe and welcome when using the Services and playing the Games, and Airship wants everyone to play by the same rules. You agree not to do any of the following with respect to the Services, as determined by Airship in its sole and absolute discretion, as applicable:
6.1. use the Services commercially, for a promotional purpose, or for the benefit of any third-party or in any manner not permitted by this EULA;
6.2. use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between the Services and Airship;
6.3. use, or provide ancillary offerings to anyone, that are not offered within the Services by Airship (or the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third-party program add-ons, and any interference with online or network play;
6.4. access or use the Services on more than one device at the same time;
6.5. copy, reproduce, distribute, display, mirror, frame or use any part of the Services in a way that is not expressly authorized in this EULA;
6.6. sell, rent, lease, license, distribute, or otherwise transfer any part of the Services, including, without limitation, Virtual Goods or Game Currency, including participating in or operating so called “secondary markets” for Virtual Goods, Game Currency or Content;
6.7. attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, data mine, decompile, or disassemble or make derivative works based upon any part of the Services;
6.8. remove, disable, circumvent, or modify any technological measure that Airship implements to protect them or any of their associated intellectual property;
6.9. create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other Game modes or otherwise engage in Cheating (as defined below);
6.10. attempt to probe, scan or test the vulnerability of the Services or breach any security or authentication measures;
6.11. access, tamper with, or use non-public areas of the Services;
6.12. upload, publish, submit or transmit any UGC (as defined below) or Custom Content (as defined below), create a user name or account name, or otherwise engage in any behavior that:
6.12.1. infringes, misappropriates or violates Airship’s or a third-party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy, or any other rights of third-parties;
6.12.2. violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
6.12.3. is fraudulent, false, misleading or deceptive;
6.12.4. is grossly harmful, racially or ethnically objectionable, disparaging, blasphemous, libelous, defamatory, obscene, pornographic, pedophilic, vulgar or offensive;
6.12.5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6.12.6. is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity;
6.12.7. harms minors in any way; or
6.12.8. promotes illegal or harmful activities or substances;
6.13. engage in any behavior that:
6.13.1. violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
6.13.2. is fraudulent, false, misleading or deceptive, including “trolling;”
6.13.3. is defamatory, obscene, pornographic, vulgar or offensive;
6.13.4. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6.13.5. is disruptive to the Services, its users or user community, is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening or disrespectful to any person or entity; or
6.13.6. promotes illegal or harmful activities or substances;
6.14. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;
6.15. collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
6.16. behave in a manner which is detrimental to the enjoyment of the Services by other users as determined by Airship in its sole judgment, including, without limitation, harassment, use of abusive or offensive language, Game abandonment, Game sabotage, spamming, behaving in a disruptive manner, social engineering, or scamming, or contrary to public morals or public policy;
6.17. impersonate or misrepresent your affiliation with any person or entity, or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6.18. use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
6.19. play on another person’s Game Account to “boost” that Game Account’s status, level or rank;
6.20. use the Services in any way that would affect Airship adversely or reflect negatively on Airship or the Services or discourage any person from using all or any portion of the features of the Services;
6.21. encourage, promote, take part in or enable anyone else to do any of the foregoing; or
6.22. violate any applicable law or regulation. If you encounter another user who is violating any of these rules, please report this activity to Airship using the “Report Abuse” function in the relevant Game or part of the Service, if that feature is available, or contact Airship at [email protected].
7. User generated and custom content.
7.1. User Generated Content. “UGC” means all digital content or communications that you create, upload, or distribute via the Services, including but not limited to: text, posts, audio, or audio-visual communications, artwork, code, scripts, textures, models, maps, files, or other assets or documents; photos, images, video, or any other audio or audio-visual works. UGC specifically excludes Custom Content (defined below). You are solely responsible and liable for the UGC that you create, upload, or distribute via the Services (“Your UGC”), and you hereby represent and warrant to Airship that Your UGC will not violate this EULA.
7.2. Rights to UGC. By creating, uploading, or distributing Your UGC to or via the Services, you represent to Airship that you own all rights in and to Your UGC on a sole and unencumbered basis, and that any such rights you grant to Airship in this Section 7, and Airship’s exploitation of those rights, will not violate or infringe the rights of any third-parties. You retain whatever rights, if any, you may have under applicable law in Your UGC. You hereby grant Airship an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit Your UGC within or via the Services and for any other commercial and non-commercial purpose whatsoever, without compensation or notice to you, and for the full duration of the intellectual property rights pertaining to Your UGC (including all revivals, reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to Airship herein explicitly include the right for Airship to allow other users to use Your UGC as part of the operation of the Services. If you have rights in the UGC that cannot be licensed to Airship under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights.
7.3. Custom Content. Some of our Services may allow you to use Airship tools, editing software, in-game functionality, or other features made available by Airship (“Airship Tools”) to edit the Content to (for example) create custom levels, maps, in-game assets, designs, apparel, characters, livery, courses, games, or other content based on the Content (“Custom Content”). Custom Content includes, without limitation, all content created using Airship Tools including in-game assets, maps, screenshots, videos, recordings of in-game audio, gameplay clips, and livestreams. You may only use Custom Content within the Services. You are solely responsible for the Custom Content you create and agree that such Custom Content will not violate this EULA or infringe the intellectual property rights of any third-parties.
7.4. Rights to Custom Content. Airship reserves all right, title and interest in and to and Custom Content to the maximum extent permitted under applicable law. If, under applicable law, your creation of Custom Content results in you holding any intellectual property rights in and to such Custom Content then, in exchange for the rights licensed to you in this EULA, you hereby immediately and freely assign to Airship on a rolling basis, upon the creation of such Custom Content, all right, title, and interest in and to such Custom Content, including without limitation, all intellectual property rights throughout the world for the full duration of such intellectual property rights (including all revivals, reversions, and extensions of those rights). If, despite the foregoing assignment, you for any reason retain any intellectual property interest or other rights in and to the Custom Content, then you hereby grant to Airship an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive and sublicensable right, to use, reproduce, edit, modify, adapt, create derivative works based on, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit such Custom Content within or via the Services or for any other commercial and non-commercial purpose, without compensation or notice, for the full duration of the intellectual property rights pertaining to such Custom Content (including all revivals, reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to Airship herein explicitly include the right for Airship to allow other users to use such Custom Content as part of our operation of the Services. If you have rights in the Custom Content that cannot be licensed to Airship under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights.
7.5. UGC and Custom Content Moderation; Right to Remove. Airship has no obligation to host, maintain, support, or distribute any of Your UGC or the Custom Content that you create. We have not necessarily reviewed and are not obligated to actively monitor any UGC or Custom Content that may be available via the Services. Airship does not confirm the security, quality, or originality of any UGC or Custom Content. UGC and Custom Content do not represent the views of Airship Parties. You understand that Airship may modify, take-down, suppress, block, hide, remove, or delete any or all UGC or Custom Content, and report any illegal UGC or Custom Content and any related user information to the appropriate authorities. Consistent with Airship’s obligations under applicable law, if Airship takes adverse action against Your UGC or the Custom Content you create from the Services, suspends or bans your Game Account, or otherwise restricts your access to some or all of the Services, Virtual Goods or your Game Account as a result of Your UGC or the Custom Content you create, Airship will endeavor (but is not required) to notify you of the same.
8. Virtual Goods and Game Currency.
8.1. Purchasing or obtaining Virtual Goods and Game Currency. Subject to applicable foreign exchange control regulations in your jurisdiction, Airship may offer certain upgrades and options within the Services that you can buy with real world currency, including, but not limited to, in-game currency where permitted under applicable law (“Game Currency”), character skins, mounts and vehicles, digital cards, experience boosts, gear, and other customizations for your in-game characters, and other such digital add-on items that may improve your experience in some way (“Virtual Goods”). Except as otherwise communicated to you within the functionality of the Services, Game Currency and Virtual Goods are not transferable from one Game to another Game offered by Airship. You may also be able to obtain certain Virtual Goods and Game Currency without making a purchase, such as an in-game award.
8.2. Your license to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items, and your use of them is governed by this EULA. VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH OR REMOVED FROM THE GAMES. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not sold. Provided you comply with the terms of this EULA, Airship grants you the following license: a revocable, personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use Virtual Goods or Game Currency that you purchased or otherwise lawfully obtained, solely in connection with your use of the Game in question and within the Services, and for no other purpose. Unless expressly permitted by Airship in a specific Game, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Goods or Game Currency if Airship suspects any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account.
8.3. Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, Airship may, in its sole discretion, modify, substitute, replace, suspend, cancel, or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you, such as if Airship needs to temporarily suspend a Game or Services to make updates, has an emergency that requires Airship to disable its Services, or if Airship needs to ultimately shut a Game down for any reason. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST AIRSHIP PARTIES RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THIS EULA, OR (IV) MODIFICATION OR TERMINATION OF THE SERVICES, OR ANY ELEMENT THEREOF.
8.4. Airship may, from time to time, modify, amend, or supplement the prices and other terms applicable to purchasing Game Currency and Virtual Goods. Except where prohibited by law in your jurisdiction, such modifications, amendments, supplements, or terms shall be effective immediately upon posting and shall be incorporated by reference into this EULA.
9. Purchases and Refunds. The following terms apply unless prohibited by applicable law:
9.1. Refund policies vary among Third-Party Service Providers . While using the Services, you may have the opportunity to make purchases of items such as Games, Game Currency, Virtual Goods, etc., and such purchases may be available (or only available) through an App Store or other third-party platform (each, a “Third-Party Service Provider”). Your purchases through a Third-Party Service Provider are subject to any applicable terms or conditions imposed by the Third-Party Service Provider. Please note that refund policies vary among Third-Party Service Providers. Therefore, before purchasing a Game, Virtual Goods and/or Game Currency by and through a Third-Party Service Provider of your choice, please first familiarize yourself with the return policy of your chosen Third-Party Service Provider. Airship is not liable to you for the acts, omissions, results, disputes, information, content, refund policies or interactions you may encounter while using a Third-Party Service Provider, including without limitation, any policy changes implemented by a Third-Party Service Provider after you have made purchases. Any concerns you have regarding the transactions, refund policies, results, information, content, or interactions you may encounter while using such Third-Party Service Provider should be directed to the applicable Third-Party Service Provider.
9.2. Refund policy of Airship . If you make a purchase directly from Airship (and not through a Third-Party Service Provider), then the following refund policy applies:
9.2.1. Games are eligible for full returns, but only if played less than two (2) hours and purchased within 14 days of the refund request.
9.2.2. All sales of Game Currency and Virtual Goods are final. No refunds will be issued to you except in Airship’s sole and absolute discretion.
9.2.3. Refunds for real money will only be issued to the form of payment you used to make the purchase. For example, if you paid via credit card, the refund will be issued to the same credit card.
9.2.4. Airship will only issue you a refund if the form of payment you used has the ability to process refunds. For example, Airship can issue you a refund for payments made via credit/debit card or PayPal, but not for gift cards and prepaid cards.
9.2.5. In order to request a refund, contact [email protected]
9.2.6. Refunds are designed to remove the risk from making purchases from Airship—not as a way to get free stuff. If it appears to Airship that you are abusing this refund policy, Airship may terminate your Game Account and right to access the Services.
9.2.7. Please allow up to 10 business days from when Airship-approved the return for you to receive the refund.
9.3. Retail purchases. Airship may offer codes or product keys that can be activated while using the Services. Subject to foreign exchange control regulations applicable in your jurisdiction, such codes or keys must be purchased (or otherwise obtained legally) through Airship or an authorized retailer to be valid. If you purchase or use such a code or key by and through an authorized retailer, that authorized retailer is responsible for addressing any issues you have with these codes or keys. If you have a question whether a particular retailer is an authorized retailer for Airship, please contact Airship at [email protected] to further inquire.
9.4. Price changes. Subject to applicable law, Airship may change the price of the Services, the Game, Virtual Goods, Game Currency or Content, at any time, for any reason, with or without notice to you.
10. Seizure warning. Some individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games. Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity. If you have an epileptic or photosensitivity condition, please consult your physician before using the Services. If you experience any of the following symptoms while using the Services, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.
11. Your consent for Airship to monitor your activities while using the Services. Airship may monitor and/or record your communications (including without limitation chat text or voice communications) when you are using the Services. YOUR COMMUNICATIONS ON THE SERVICES ARE NOT PRIVATE. The Services (and particularly our Games) may have built-in mechanisms designed to prevent enabling one user to gain an unfair advantage over other users (these actions are “Cheating,” and the software is the “Cheat Detection Software”). Airship may add or update our Cheat Detection Software periodically as Airship may require in its sole discretion. The Cheat Detection Software and other third-party services that enable chat text and voice text communications may have simultaneous, real-time access to your communications on the Services. By using our communication features, you consent to these service providers accessing, processing, and recording your communications on the Services. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to Airship’s Privacy Notice and applicable law. In the event that Airship in its sole and absolute discretion concludes that you are Cheating, you agree that Airship may exercise any or all of Airship’s rights under this EULA, including termination of this EULA and your access to our Services. In addition, if you Cheat in one Game, Airship may terminate your license to use all of the Services (including other Games offered by Airship). Although Airship is not obligated to monitor access to or use of the Services, Airship has the right to do so for the purpose of operating and publishing the Services, to ensure compliance with this EULA, to protect the health or safety of anyone that Airship believes may be threatened, to protect Airship’s legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law.
12. Beta testing. From time to time, Airship may offer a beta version of a Game or other features in the Services (a “Beta”). As the name implies, Betas are not commercial launch versions, are not guaranteed to work properly, and may include bugs and other gameplay disruptions and errors. For the license granted to you in Section 4 above to extend to the Beta (meaning, for you to have permission to use the Beta), you acknowledge and agree to the following terms in addition to the rest of this EULA:
12.1. Airship may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Beta test;
12.2. Airship may modify or terminate any Beta at any time, which may then render the Beta (including any of your Custom Content, UGC, Game Currency and Virtual Goods available by and through the Beta) permanently or temporarily unplayable, inaccessible, unusable, and/or unable to function properly. When Airship terminates a Beta, you must delete the local Beta instance on your computer and all documents and materials you received from Airship in connection with the Beta;
12.3. termination of a Beta by Airship is not grounds for any kind of refund and your participation in a Beta does not entitle you to any compensation or any free Services, including any free Virtual Goods or free Game Currency; and
12.4. if and when Airship releases a non-Beta version of a particular Game, Airship may allow your use of the Game to continue to the non-Beta version. If so allowed by Airship, your continued use of a Game will no longer be subject to this Section 12, but will still be subject to the rest of this EULA.
13. Feedback.
13.1. While using the Services, you may be inclined to want to share your feedback, good, bad or otherwise, with Airship (“Feedback”). But if you choose to give Airship your Feedback, Airship needs to be free to use the Feedback how it sees fit and without paying you. You can submit Feedback by contacting Airship at [email protected] or via the functionality of the Services (if available).
13.2. If you provide Airship with any Feedback, you hereby grant Airship the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose. This license does not lapse or expire even if Airship does not exercise its rights under this license within a certain period of time. If you have rights in the Feedback that cannot be licensed to Airship under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that Airship does not have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to Airship sufficient to grant Airship and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.
13.3. In posting such Feedback, you warrant that your feedback is in compliance with this EULA, and you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or in breach of any agreement, infringing upon any third-party rights, or violation of applicable law.
14. DMCA/Copyright policy. Airship will respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe that any aspect of the UGC, Custom Content or Services constitutes copyright infringement or misappropriation of your trademark, please submit a notice of alleged infringement to Airship’s designated agent with the following written information: (a) your name, address, telephone number, and email address; (b) a detailed description of the copyrighted work that you claim has been infringed; (c) the URL, screenshot or a detailed description of where the material that you claim is infringing is located; (d) your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; (e) your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and (f) a physical or electronic signature of owner of the copyright at issue or person authorized to act on their behalf. Our designated DMCA agent contact information is:
Airship Syndicate Entertainment, Inc.
Attn: DMCA Designated Agent
2700 W. Anderson Lane, Suite 801
Austin, Texas, U.S.A. 78723
Email :
Please note that under the DMCA, you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
15. Third-Party websites and resources. From time-to-time, Airship may make available outside links for your convenience, but please note that Airship doesn’t guarantee them in any way. Airship provides these links only as a convenience and are not responsible for the content, products, viruses, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, links or resources.
16. Hardware, data charges and related costs. This is a reminder that you will provide at your own cost and expense the equipment, Internet or other connection charges, required to access and use the Services. Airship makes no warranty that the Services can be accessed on all personal computers, games consoles, smartphones, tablets or other devices by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur to use or stream the Services.
17. BINDING ARBITRATION AND CLASS ACTION WAIVER. READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
17.1. Applicability. These binding arbitration and class action waiver provisions apply to you if you are domiciled in and/or acquired and use the Services in the United States, or anywhere else in the world, but excluding Australia, Japan, United Kingdom or a European Union country. This Agreement is governed by the Federal Arbitration Act (“FAA”) and federal arbitration law. To the fullest extent allowed by applicable law, you and Airship agree to submit all Disputes between you and Airship to individual, binding arbitration pursuant to the provisions in this Section 17. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below in Section 17.2) between you and Airship that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, all marketing related to the Services, the Content, Virtual Goods, UGC, Custom Content, Game Currency, any licensed content, and all matters relating to or arising from this EULA (including Airship’s Privacy Notice and all other terms incorporated into this Agreement) or any other agreement between you and Airship, including any disputes over the validity or enforceability of this agreement to arbitrate. A Dispute shall be subject to these binding arbitration and class action waiver provisions regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims or requests for relief that accrued before you entered into this EULA. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
17.2. Disputes excluded from arbitration. Notwithstanding the parties' decision to resolve all Disputes through arbitration, Airship shall have the right, but not the obligation, to bring an action in state or federal court that for any Disputes against you for: fraud, patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation. Such claims are subject to the jurisdiction and applicable law provisions in Section 18.
17.3. Initial Dispute Resolution. In an effort to accelerate resolution and reduce the cost of any Dispute (but excluding the Disputes set forth in Section 17.2) between you and Airship, you and Airship agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates arbitration (the “Initial Dispute Resolution Period”); provided however, the Initial Dispute Resolution Period may be shortened by Airship if exigencies exist as determined by Airship in its good faith business judgment. The 60-day period begins upon receipt of written notice from the party raising the Dispute. If Airship has a Dispute with you, it will send notice of that Dispute to your billing address and email address you have provided to Airship. If you have a Dispute with Airship, you must notify Airship in writing at the following email address: [email protected] , using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include your name, the screen name and/or email address associated with your player account, and your residential address. Your notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and explain what you want Airship to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to you initiating arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you to initiate arbitration, unless it contains all of the information required by this Section 17.3. If you commence an arbitration without having previously provided a valid and compliant notice of Dispute, you and Airship agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until you initiated the Dispute complies with this Section 17.3. You and Airship authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with this Section 17.3.
17.4. Binding Arbitration.
17.4.1. If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute, subject to Airship’s rights under Section 17.2. Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Rules.
17.4.2. Arbitration hearings may be conducted by videoconference only. You and Airship agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
17.4.3. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Airship, and any award of the arbitrator may be entered in any court of competent jurisdiction.
17.4.4. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.
17.4.5. If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not arbitrable, you and Airship agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
17.5. Class action waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND AIRSHIP AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
17.6. Severability. If any provision in this Section 17 is found to be unenforceable, that provision shall be severed with the remainder of this EULA remaining in full force and effect.
17.7. Exception – Mass Arbitration before FedArb. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Airship agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and Airship agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this Agreement. The FedArb Rules are available at https://www.fedarb.com/. You and Airship agree that the Mass Arbitration shall be resolved using FedArb’s ADR-MDL Framework for Mass Arbitration Proceedings. Before any Mass Arbitration is filed with FedArb, you and Airship agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb. You and Airship agree that if either party fails or refuses to commence the Mass Arbitration before FedArb rather than JAMS, you or Airship may seek an order from JAMS compelling compliance and directing administration of the Mass Arbitration before FedArb. Pending resolution of any such requests, you and Airship agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed.
17.8. 30 day right to opt out of arbitration. You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this EULA by sending written notice of your decision to opt-out to the following email address: [email protected] , using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of your first purchase by and through the Services or a Third-Party Service Provider (or if no purchase was made, then within 30 days of the date on which you first access or use the Services); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this EULA. If you opt-out of these arbitration provisions, Airship also will not be bound by them.
18. Jurisdiction and applicable law.
18.1. For residents in the United States, Mexico, Canada and the rest of the world, but other than Australia, Japan, United Kingdom or a European Union country. Any claims or requests for relief arising out of this EULA (including interpretation, claims for breach, and all other claims or requests for relief (including consumer protection, unfair competition, and tort claims)) for residents of the United States, Mexico, Canada and the rest of the world, but other than Australia, Japan, United Kingdom or a European Union country, will be subject to the laws of the State of Texas, United States of America, without reference to conflict of laws principles. In addition, you and Airship irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Travis County, Texas to resolve any claims or requests for relief that are subject to arbitration agreement described in Section 17 above, or otherwise determined not to be arbitrable. Nothing in this section shall preclude you or Airship from removing to federal court a case originally filed in state court, if federal court jurisdiction exists. To the fullest extent permitted by law, any claim or request for relief in a demand for arbitration filed pursuant to this EULA shall be barred if filed more than two (2) years after the date that the claim or request for relief accrued.
18.2. For residents in the European Union and the United Kingdom. For residents in the European Union and the United Kingdom, then the laws of England and Wales govern the interpretation of this EULA and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the European Union country (e.g., the French Republic, or the Federal Republic of Germany) or the United Kingdom in which you acquired and use the Services. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Services, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.
18.3. For residents in Australia or Japan. For residents in Australia or Japan, then the laws of Australia govern the interpretation of this EULA and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you acquired and use the Services (being either Australia or Japan). To the extent permitted by applicable law, you agree to the jurisdiction of the courts of New South Wales, Australia.
18.4. Waiver to trial by jury. To the extent permitted by applicable law, you and Airship agree to waive rights to a trial by jury.’
19. WARRANTY DISCLAIMER.
19.1. SUBJECT TO SECTIONS 19.2, 19.3 AND 19.4 BELOW, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” NONE OF THE AIRSHIP PARTIES MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE GAME, THE SERVICES, CONTENT OR THIRD-PARTY SERVICE PROVIDERS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. AIRSHIP PARTIES DO NOT REPRESENT OR WARRANT THAT THE GAME, SERVICES, CONTENT OR THIRD-PARTY SERVICE PROVIDERS WILL BE: (A) AVAILABLE ON AN ONGOING, UNINTERRUPTED, SECURE, ERROR-FREE OR BUG-FREE BASIS; (B) FREE OF VIRUSES; OR (C) RELIABLE OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, AIRSHIP PARTIES DISCLAIM ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SATISFACTORY QUALITY.
19.2. For residents in the European Economic Area: Certain statutory conformity warranties may be applicable to pursuant to European Economic Area provisions, and nothing in this EULA is intended to affect those rights. Your local laws may provide you with a legal guarantee that the Services will be in legal conformity at the time of supply and during the life of this EULA with you. Under this legal guarantee, Airship may be liable for lack of conformity of the Services and you may have a right to, under your local laws: (a) have the Services brought back into conformity; or (b) receive a proportionate refund and/or (c) terminate the EULA.
19.3. For residents of France: French law grants you as consumers the following statutory rights and guarantees in relation to the Product. Airship will therefore offer you the protection granted by law under the legal warranty of conformity provided by articles L. 224-25-12 to L. 224-25-26 of the French Consumer Code. Airship is liable for supplying Services that comply with this EULA and with the objective and subjective criteria set out by the law. Regarding one-off supply, Airship is accountable for any non-conformity that exists at the time of supply and which becomes apparent within two years of supply. Regarding digital content or services supplied on a continuous basis, Airship is accountable for any non-conformity which becomes apparent during the period in which it is supplied under this EULA. Airship is also accountable, within the same time limits, for any non-conformity resulting from the incorrect integration of the digital content or service into the consumer's digital environment where this has been done by Airship or under Airship’s responsibility, or where the incorrect integration by the consumer is the result of deficiencies in the instructions provided by Airship. For the 12 month period following the supply of the Services, the consumer will not be required to prove the existence of the defect. In the event of lack of conformity, the consumer shall be entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or to cancel the contract under the conditions set out in the French Consumer Code.
19.4. For residents of Australia. You have certain statutory guarantees under Australian consumer law and nothing in this EULA is intended to affect those rights. Services that you have purchased may come with guarantees that cannot be excluded under Australian consumer law. You may be entitled to a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
20. LIMITATION OF LIABILITY.
20.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT PREJUDICE TO STATUTORY CONFORMITY WARRANTIES THAT MAY APPLY TO YOU UNDER YOUR LOCAL LAWS, NONE OF THE AIRSHIP PARTIES SHALL BE LIABLE IN ANY WAY FOR DAMAGES OR LOSSES OF ANY KIND RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GAME BUGS, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO UGC, CUSTOM CONTENT, ACCOUNTS, STATISTICS, INVENTORIES, GAME CURRENCY, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD-PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL AIRSHIP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
20.2. IN NO CASE SHALL THE LIABILITY OF AIRSHIP PARTIES EXCEED THE AMOUNT THAT YOU PAID TO AIRSHIP DURING THE 12 MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
20.3. IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF THE JURISDICTION IN WHICH YOU VALIDLY ACQUIRED AND USE THE SERVICES ,AND IN WHICH CASE THE LIABILITY OF AIRSHIP PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21. Indemnification. If someone sues Airship based on your breach of this EULA or your access or use of the Services, then you agree to indemnify and hold harmless the Airship Parties in connection with: (a) any breach by you of this EULA; and/or (b) your creating, posting or uploading of any UGC or Custom Content.
22. Changes to this EULA. Airship reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this EULA at any time, effective with or without prior notice, and by any means, including without limitation, by posting notification on any Airship-controlled website, by email, through a patch process, pop-up screen or in-game notice. Your continued use of the Services following any revision to this EULA constitutes your acceptance of any such changes. Additionally, you may be asked to affirmatively accept updates to this EULA from time to time. Note that if you do not affirmatively indicate your acceptance when requested, you may not be able to continue to use the Services.
23. Termination. To the fullest extent consistent with applicable law, Airship may suspend, modify or terminate your access to, and use of, the Services, including all Games, Virtual Goods, Game Currency, Content and your Game Account, and with no liability or notice to you, for reasons including, but not limited to: (a) Airship decides to no longer offer, update, support, maintain, develop, sell or publish the Game(s) and/or related Services; (b) you breach any terms of this EULA or the Privacy Notice; (c) the owner of the applicable App Store terminates your App Store Account; or (d) any other reason that Airship decides in its sole and absolute discretion. You may also terminate this EULA by deleting and uninstalling the Services on all of your devices. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by Airship in Airship’s sole and absolute discretion. Upon any termination of this EULA, the rights granted to you will automatically terminate, and you may no longer exercise any of those rights or this EULA.
24. Miscellaneous terms.
24.1. Entire agreement. This EULA and any other document or information referred to in this EULA constitutes the entire and exclusive understanding between you and Airship regarding the Services and supersedes any and all prior oral or written understandings or agreements between you and Airship regarding the Services.
24.2. Severability. THIS EULA DESCRIBES CERTAIN LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS UNDER THE LAWS OF YOUR JURISDICTION. THIS EULA DOES NOT CHANGE YOUR RIGHTS UNDER THE LAWS OF YOUR JURISDICTION IF THE LAWS OF YOUR JURISDICTION DO NOT PERMIT IT TO DO SO. AS NOTED ABOVE, LIMITATIONS AND EXCLUSIONS OF WARRANTIES AND REMEDIES IN THIS EULA MAY NOT APPLY TO YOU BECAUSE YOUR JURISDICTION MAY NOT ALLOW THEM IN YOUR PARTICULAR CIRCUMSTANCE. IF ANY PROVISION OF THIS EULA SHALL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS EULA AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
24.3. Assignment and transfer. Airship may assign this EULA, in whole or in part, at any time without notice to you. You may not assign this EULA or transfer any rights in and to this EULA to a third-party. Any attempt by you to assign or transfer this EULA will be null and void.
24.4. Notices. You consent to Airship providing you notifications about the Services or information the law requires Airship to provide via email to any address that you specified in your Game Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the Services. For Services that do not require you to register or provide an email address, notices and other information may be made available in updates to this EULA.
24.5. Force majeure. Airship shall not be liable for any delay or failure to perform resulting from causes outside of Airship’s control, including without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Airship’s control such as acts of God, war, terrorism, riots, pandemics, endemics, embargoes, cloud storage failures, Internet outages, virus and malware attacks, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
24.6. Equitable Remedies. Notwithstanding anything to the contrary set forth in EULA, including without limitation Section 17, in the event that you breach this EULA, you hereby agree that Airship would be irreparably damaged if this EULA were not specifically enforced, and therefore you agree that Airship shall be entitled to seek from a court (and not via arbitration), without bond, other security, or proof of damages, appropriate equitable and injunctive remedies with respect to breaches of this EULA, in addition to such other equitable and injunctive remedies as Airship may otherwise have available to it under applicable laws.
24.7. No waiver. Airship and your actions or inactions will not create any other rights under this EULA except as what is explicitly written within this EULA. Airship’s failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a company officer for Airship. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
24.8. Language. The original language of this EULA is in English; any translations are provided for reference purposes only. To the maximum extent permitted by applicable law, you waive any right you may have under the law of your country to have this EULA written or construed in any other language.
24.9. Survival. Sections 3, 7.2, 7.4, 13.2, 17, 18, 19, 20, 21 and 24 shall survive the termination of this EULA for any reason.
If you have any questions about this EULA, please email Airship at [email protected].