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END USER LICENSE AGREEMENT

Last modified: Nov 17, 2024

1. Acceptance of Terms

By downloading, installing, accessing, or playing Arcane Wilds (the “Game”), you agree to be bound by this End User License Agreement ("EULA") as well as our Privacy Policy, available at https://arcanewilds.com/privacy-policy/. If you do not agree with these terms, please do not download, install, or use the Game.

2. License Grant and Restrictions
2.1 Limited License

Avancadia grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Game for personal, non-commercial purposes.

2.2 License Restrictions

You agree not to:

Reverse engineer, decompile, or disassemble the Game.
Use cheats, bots, automation software, or any unauthorized third-party software.
Exploit bugs, vulnerabilities, or engage in any activity that disrupts the integrity or performance of the Game.

3. Ownership and Intellectual Property

All rights, title, and interest in and to the Game and its content (including, but not limited to, software code, graphics, artwork, and in-game elements) are owned by Avancadia. This EULA does not grant you any ownership rights in the Game, and all rights not expressly granted to you herein are reserved by Avancadia.

4. User-Generated Content (UGC)

By contributing UGC, you grant Avancadia, its licensors, licensees, and all users a non-exclusive, perpetual, transferable, worldwide, sublicensable license to access, use, copy, reproduce, modify, adapt, translate, reformat, create derivative works from, add to, delete from, rearrange, manufacture, publish, distribute, sell, transfer, rent, lease, publicly display, publicly perform, provide access to, broadcast, or otherwise communicate your UGC, in whole or in part, in any medium or forum now known or later developed, without notice, payment, or attribution to you or any third party.

You may not upload UGC that infringes upon any third party's intellectual property rights, privacy rights, or that violates the law, this Agreement, or the rights of others.

Contributing UGC does not establish any contractual relationship between you and Avancadia. Except as prohibited by law, you hereby waive any "moral rights" or "droit moral" and similar rights in any country. You represent and warrant that your UGC does not infringe on the intellectual property or other rights of any third party and that your UGC will not contain material that is unlawful, defamatory, obscene, invasive of privacy, threatening, harassing, abusive, hateful, racist, or otherwise objectionable or inappropriate.

Avancadia reserves the right to incorporate UGC, including but not limited to mods and community-created translations, into the Game or other Avancadia products and services. By contributing UGC, you acknowledge and agree that Avancadia may modify, enhance, or adapt your UGC as needed for such incorporation. You understand that you are not entitled to compensation, attribution, or notification for any such use.

Avancadia reserves the right to remove, edit, or disable UGC at its sole discretion, including if it determines that the UGC violates this Agreement or any applicable law, or if it otherwise deems the UGC inappropriate. Avancadia assumes no responsibility or liability for UGC, for removing it, or for not removing it.

You are solely responsible for any UGC you upload, create, or share within the Game. You represent and warrant that:

1. Your UGC does not infringe upon any third party's intellectual property rights, privacy rights, or other legal rights.
2. Your UGC does not violate any laws, this Agreement, or any community standards set by Avancadia.
3. You have all necessary rights to grant the licenses described in this Agreement.

By contributing UGC, you agree to indemnify and hold Avancadia harmless from any claims, damages, or liabilities arising out of or related to your UGC, including any third-party claims of copyright or other infringement.

5. Player Conduct
5.1 Code of Conduct

You agree to behave respectfully and lawfully when using the Game. Prohibited behavior includes but is not limited to:

Harassment, abusive language, or hate speech of any kind.
Cheating, hacking, or unauthorized modification of the Game.
Disrupting other players’ experience through spamming, game sabotage, or any other interference.

5.2 Moderation

To maintain a safe and enjoyable environment for all users, Avancadia reserves the right to apply disciplinary measures, including but not limited to warnings, suspensions, mutes, partial or full exclusion from certain features, and account termination, at Avancadia’s sole discretion in response to violations of the Code of Conduct.

6. Data Collection and Privacy

Avancadia collects and processes data as described in our Privacy Policy: https://arcanewilds.com/privacy-policy/. By using the Game, you agree to our data collection and processing practices as outlined in that policy. This includes but is not limited to:

1. Gameplay Moderation: Analyzing in-game chat logs, replays, and player activity to ensure compliance with community standards and fair play.
2. Gameplay Balancing: Using gameplay data to improve balance, mechanics, and player experience.
3. Error Reporting and Crash Analytics: Collecting error logs, crash reports, and diagnostic data to improve Game stability, functionality, and security.

Data collected for these purposes is essential to the Game's operation and subject to applicable privacy laws. For more details, please review our Privacy Policy.

7. Updates and Modifications

Avancadia may update or modify the Game at any time. By playing the Game, you agree to receive such updates, which may be installed automatically or require your permission.

8. Warranties and Disclaimers

THE GAME IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AVANCADIA DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVANCADIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA OR PROFITS, ARISING FROM YOUR USE OR INABILITY TO USE THE GAME, EVEN IF AVANCADIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Termination

Avancadia reserves the right to terminate or suspend your access to the Game at any time, with or without notice, for any breach of this EULA. Upon termination, all rights granted to you under this EULA will immediately cease, and you must delete all copies of the Game from your device.

Upon termination, suspension, or discontinuation of your account or access to the Game, you acknowledge and agree that:

1. You will not be entitled to any refund, credit, or reimbursement for any Virtual Goods, in-game currency, or other purchased content.
2. You forfeit all rights to any Virtual Goods or in-game currency associated with your account, regardless of whether termination was voluntary or involuntary.
3. Avancadia retains the right to remove, alter, or delete any content associated with your account without any liability to you.

11. Governing Law and Dispute Resolution

This EULA shall be governed by the laws of Zurich, Switzerland, without regard to conflict of laws principles. Any disputes arising out of or in connection with this EULA or the Game shall be resolved exclusively through binding arbitration in Zurich, Switzerland.

By agreeing to this EULA, you explicitly acknowledge and consent that:

1. If you reside outside Switzerland, you are still subject to the jurisdiction of Zurich, Switzerland, for any claims, actions, or disputes arising from or related to your use of the Game.
2. You waive any rights to dispute jurisdiction based on your location.
3. By using the Game, you agree to waive any right to participate in a class action lawsuit or other collective legal action against Avancadia. All claims must be brought individually, not as part of a class or group action.

By continuing to use the Game, you accept Zurich as the exclusive forum for resolving disputes under this EULA.

12. Virtual Goods and In-Game Purchases

The Game may offer virtual items, in-game currency, or paid content that users can purchase and use within the Game ("Virtual Goods"). By purchasing or using any Virtual Goods, you acknowledge that Virtual Goods are licensed, not owned, and are non-refundable. All Virtual Goods are subject to this EULA and may be removed, altered, or discontinued without liability to Avancadia. You do not have any property or monetary interest in any Virtual Goods.

Virtual Goods are licensed to you for use exclusively within the Game and are not redeemable for cash or any other value outside the Game. Avancadia retains ownership of all Virtual Goods, and no property rights are transferred to you. Virtual Goods may expire, be removed, altered, or discontinued at Avancadia’s sole discretion. Refunds are not provided except where required by applicable law. If your account is terminated due to a violation of this EULA, you forfeit all Virtual Goods and in-game content without compensation.

13. Changes to this Agreement

Avancadia reserves the right to modify, update, or amend this EULA at any time in its sole discretion. When changes are made, the revised EULA will be posted on our website or communicated through the Game. The “Last Modified” date at the top of this EULA will be updated to reflect the most recent changes.

Your continued use of the Game after the updated EULA becomes effective constitutes your acceptance of the revised terms. If you do not agree to the updated EULA, you must discontinue your use of the Game.

14. Contact Information

For questions or concerns regarding this EULA, please contact us at [email protected].