| Language: |
Siege Camp thanks you for your interest in our game Foxhole (as defined below) offered through digital storefronts such as Steam, and other services and platforms where our products are made available (herein “Digital Storefronts” or “Platforms”), and as well as our our website at http://www.siegecamp.com and all subpages thereto, including social media pages and accounts (i.e., Facebook, Discord, Twitter, Reddit, YouTube and Twitch) (collectively, the “Website”),
In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following Terms of Service and End User License Agreement (collectively, the “Agreement”). This not only helps us preserve a healthy and fun environment or all of our players, but it also allows us to continuously improve your player experience.
Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we collect from you. We provide it to you separately for two reasons: 1) it is not an agreement to which you must consent in order to enjoy our products—instead, the policy exists solely to communicate our practices and your rights with respect to those practices; and 2) your privacy rights are important to us and deserve your undivided attention. Please take the time to review our Privacy Policy here: http://www.siegecamp.com/privacy
By accessing, downloading and/or using the Game, Website or Services, you represent that you are (i) at least eighteen (18) years of age or the age of majority in your country of residence, or (ii) your parent or legal guardian has consented to your use of the Game. If you are at least eighteen (18) years of age or the age of majority in your country of residence, you hereby accept and agree to be legally bound by all the terms and conditions of this Agreement on your own behalf, and you acknowledge that we may terminate your use of our Services at any time subject to the terms set forth herein. IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO HAS CONSENTED TO YOUR CHILD’S USE OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF THE SERVICES BY THE CHILD.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME. TO THE EXTENT APPLICABLE, IF YOU REJECT THE TERMS OF THIS AGREEMENT AFTER YOUR PURCHASE OF A GAME FROM ANY DIGITAL STOREFRONT, YOU MAY ONLY INQUIRE ABOUT A POSSIBLE REFUND OF THE PURCHASE PRICE OF THAT GAME FROM THE APPLICABLE DIGITAL STOREFRONT AND YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE APPLICABLE DIGITAL STOREFRONT’S RETURN POLICY.
We reserve the right to modify this Agreement in whole or in part, from time to time at its sole and absolute discretion. We may, but are not obligated to provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version available to you at the time you attempt play the Game; however, you agree you will periodically check the Website for updates. To determine when the Agreement was last revised, simply refer to the “Last Updated” legend at the top of this Agreement. Your continued use of our Website, Game, or Services following our making available any revised version of this Agreement shall constitute your assent and acceptance of the revised version. If you do not agree to any changes made to the Agreement, you may not access or use the Game.
Definitions
The following terminology applies to the Terms of Service and End User License Agreement, and any or related agreements referenced herein:
The term “Game” means our interactive entertainment product (namely “Foxhole”), including the game client and all versions thereof across any and all playable platforms, and also refers to any and all expansions, updates, and all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devices, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
“Services” mean all of the products and services offered by Siege Camp, including but not limited to our Game, our Website, community and social media accounts, customer support, technical support, and all others means by which you interact with us and our products and services.
The following terminology applies to these Community Guidelines, Terms of Service, End User License Agreement, and any or related agreements referenced herein: "End User", “you” and “your” refers to you, the person accessing the Website/Game and accepting the Company’s terms and conditions. "the Company", “ourselves”, “we”, “our” and "us", refers to our company, Siege Camp “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, Canadian and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/they, are taken as interchangeable and therefore as referring to the same.
Terms of Service
We want to make sure that our Game and Website remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting this Agreement, you understand that the following terms and conditions apply to your use of both the Website and our Game, as well as any and all social media channels (including but not limited our Digital Storefronts, Discord server, Twitter and similar social media platforms, as well as online video and streaming platforms such as, by way of example and by no means a limitation of the foregoing, YouTube.com and Twitch.tv) in connection with the Game (collectively herein the “Community”). Your failure to comply with any part of this Agreement, including these Community guidelines may result in your account termination, to the extent applicable, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless the Company and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
Playing our Game
You must have, and where applicable pay for, the following to play our Game: a downloaded copy of or access to the Game from one of the applicable Digital Storefronts; required platform hardware or minimum computer system requirements; and an internet connection. You may also be required to create a user account for the Digital Storefront through which you access our Game in order to purchase, download, and use the Game. Platform account registration procedures may vary; please see the applicable platform’s documentation or website for instructions.
We retain the right to monitor and/or record your communications in-Game and/or sent to us directly or within our dedicated communities, and you acknowledge and agree that when you communicate with us or through the in-Game text feature, you have no expectation that your communications will be private. We have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Company policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone that we believe may be threatened; or (e) to report a crime or other offensive behavior.
Your use of the Services and your ability to access your account and interact with other players is governed by all times to the terms and conditions of this Agreement, as well as any other applicable policies, terms and conditions set forth in-game that we may from time to time deploy or enforce at our sole and absolute discretion, and any third-party Platform terms and conditions. These terms and conditions are not meant to be exhaustive. In the event of a conflict between the terms and conditions of this Agreement and any of the other foregoing terms and conditions, the terms and conditions of this Agreement shall control with regard to your access, download and use of the Game. Your use of the Game on any Platform also is subject to the Platform’s terms and conditions.
We reserve the right to interrupt, modify (including, without limitation, adding or removing servers), update, suspend, cancel or terminate the Game and/or your use of the Game, in our sole discretion, to ensure the optimal experience for all users. We may or may not provide prior notice, and our decision to do so will depend on the circumstances. In situations where providing notice or disclosing the reason for our actions would compromise the security or the effectiveness of our monitoring features, we reserve the right to take action without explanation. Updates may require you to update your system to play the Game. You agree that neither the Company (nor its licensors, licensees, and/or service providers, if applicable) will be liable for any interruption, delay, and/or failure of the Game to perform. You understand that you shall not be entitled to any refund of amounts or other compensation for interruption to your use of the Game or any failure of the Game to perform.
User Comments and Feedback
We, as well as our Community, offer various opportunities to interact and share your opinions and thoughts with us and other End Users in Game via our social media pages (including Discord, Facebook, Reddit and Twitter), through the Game’s Digital Storefront pages, or via other Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by our employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Facebook, Reddit, Twitter or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of the Company.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of the Game.
We welcome your Feedback, including any insights, suggestions, enhancements, constructive criticism, or ideas related to the Game or Website ("Feedback"). Please understand that while your Feedback is invaluable, we cannot ensure that it is entirely unique or that similar ideas have not already been considered by our team.
By submitting Feedback, you agree to waive any rights to initiate legal action against us for copyright or design infringement arising from our use of your Feedback. This waiver applies across all jurisdictions and extends to all existing and future rights under applicable US, Canadian, or international laws, ensuring a clear and dispute-free relationship between us as we consider and potentially implement your suggestions. This approach allows us to value and utilize your contributions while maintaining a straightforward and mutually beneficial connection.
User Generated Content
We encourage our End Users to create and share your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). We also encourage streaming and recording your gameplay and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”. You represent that you have the right to post any User Generated Content which you post to and/or in relation to the Game, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. For clarity, any non-commercial use restriction referenced in the License portion of this Agreement does not refer to any gameplay that is publicly performed by you on a streaming platform, regardless of your status on that platform (affiliates, partners, and ambassadors are welcome).
However, User Generated Content shared with the Community must comply with these Community guidelines and our End User License Agreement. You agree that neither the Company, nor any Platform on which you access and/or use the Game is liable for User Generated Content that is provided by you or others. We have no duty to pre-screen User Generated Content, but may have the right to refuse to post, edit, or deliver submitted User Generated Content. We reserve the right to remove User Generated Content for any reason, but are not responsible for any failure or delay in removing such material. We also reserve the right to block any End User’s access to any content, website or webpage that we provide in our sole discretion. Failure to comply with any of the terms contained therein may result in our utilizing any legal remedies may be available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
Infringing Content
To the extent possible under International Law, we are not liable for any copyright infringement arising from any User Generated Content shared with the Community. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any social media platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the social media platform). If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at: [email protected]
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
Your physical or electronic signature;
Your name, address, and phone number;
Identification of the material and its location before it was removed;
A statement under penalty of perjury that the material was removed by mistake or misidentification;
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
Your consent to accept service of process from the party who submitted the takedown notice.
Please note that, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Community Rules and Restrictions
By entering into these Agreements and accepting the Community Guidelines, you agree to comply with the following:
Nothing you share with the Community, including but not limited to User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or other right of any third party;
To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
You will NOT harass other users. Harassment includes but is not limited:
Publicly disclosing personally identifiable information of another End User or member of the Community;
Stalking, doxing, or otherwise infringing on the privacy of any member of the Community;
Disparaging, defaming, name-calling, or engaging in any form of discrimination against another member of the Community;
Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to a member of the Community;
Making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or the Company; or
Using exploits, hacks, or third party tools to obtain an unfair advantage against other members of the Community in-Game.
You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Game that you dislike. Your sole remedy for that is to stop playing that Game;
You will not engage in solicitation or advertise other products or services to the Community without our prior consent (e-mail is sufficient);
Failure to comply with the Community Rules and Restrictions set forth above will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us in accordance with this Agreement.
Website
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury resulting from negligence;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
Trademarks
The Company trademarks (“Company Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community Guidelines; AND (2) when the applicable policy associated with that activity specifically references your right to use the Company Marks pursuant to this policy.
You may use the Company Marks only for non-commercial purposes, except as permitted by the applicable policy.
The Company Marks may only be used in connection with high quality materials (e.g., websites).
Use the appropriate trademark symbol (™, ®) listed below the first time that a Company Mark appears in your material.
You should provide credit to us by using the credit lines associated with the Company Marks that you use (see below).
Do Not:
Alter a Company logo other than to adjust the overall size of the logo;
Modify or alter a Company Mark or logo or use them in a way that confuses the Company or its games with another brand, game, or game developer/publisher;
Use a Company Mark in a plural or possessive form;
Use a Company Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
Use a Company Mark in conjunction with your name or any other trademark or trade name;
Use the Company Marks in a way that is deceptive, harmful, obscene or disparaging to others;
Present or feature any Company Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities;
Use a Company Mark in the domain name of your website's URL;
Apply for trademark registration of a product, service, etc., with a name that includes a Company Mark or, any variation thereof;
Use a Company Mark in a manner that, in our sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; or
Use a Company Mark in any manner than implies a relationship with, sponsorship, or endorsement by Company, unless otherwise authorized by us in writing.
End User License Agreement
This End User License Agreement describes the terms and conditions by which we offer you: (i) the right to download, install and/or use the Game and related documentation, and Game content offered by us; and (ii) the right to use the Game in conjunction with your registered account on your chosen Platform (“Account”). This Agreement does not grant you any rights to use any third-party products or services.
License
We retain exclusive rights for any and all of any and all International intellectual property and proprietary rights in and to our Game and all copies of our Game, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Game. We prohibit the copying, reproduction, and circumvention of technology of our Game beyond the terms of this license. Our Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the License Terms set forth below.
License Terms
We hereby grant you a non-exclusive, non-sublicensable, non-transferrable, revocable and limited right and license to access, download, or otherwise make use of the Game for your personal, non-commercial use solely in connection with an authorized Account. Continued use of the Game is contingent upon your compliance with the following:
You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game.
Absent a valid distribution Agreement between you and the Company, you may not commercially exploit or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game.
You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience.
You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces.
You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us.
You may not provide or develop outside matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
You may not facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us.
You may not violate any applicable law or regulation in connection with your use of the Game.
You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Ownership and Independent Origin
Company and/or its licensors own and retain all right, title and interest relating to all State, Federal, and International Intellectual Property and proprietary rights in and to our Game and all copies of our Game, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other Intellectual Property and proprietary rights embodied in or derived from our Game. We strictly prohibit the copying, reproduction, and circumvention of technology of our Game beyond the terms of this Agreement. Except for the revocable, limited license expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any Intellectual Property rights, including, without limitation, any right of exploitation, of any kind in or to the Game, and/or any compilation or copyrightable arrangement thereof, and that the Game is exclusively owned by Company. All rights not expressly granted herein are reserved by us. PLEASE NOTE THAT UNAUTHORIZED USE OF THE COMPANY PROPERTY MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, the rights in and to any User Generated Content or third-party content created in connection with the Game remains with its respective owners and we do not claim any right, obligation, or liability thereto.
Consent to Data Usage
Neither Company, nor any authorized agent on behalf of Company, will ever sell information that personally identifies you (“Personally Identifiable Information”) without your consent, except as may be compelled by operation of law or to enforce our legal rights. In using the Game, you acknowledge that we may collect and store data from your computer or device or console, including but not limited to gamertags and steam usernames. Additional information such as in-Game communications between Users may also be collected. Personally Identifiable Information may be collected at any time you access online features and/or the Game or Services.
The use of Personally Identifiable Information collected by us is predominately used for customer support, to analyze and improve our Game and features offered to consumers as well as to provide the Services. Such information also helps us notify and provide End Users with important software support, updates, and dynamically served content, and in other quality control and assurance procedures aimed at maximizing your playing pleasure and experience. SHOULD YOU NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS AGREEMENT, YOU ARE STRONGLY URGED NOT TO INSTALL OR USE THE GAME. For more information, please visit our Privacy Policy here: http://www.siegecamp.com/privacy
U.S. Government End Users
The Game and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. ' 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. ' 12.212 or 48 C.F.R. ' 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States..
DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. COMPANY MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE SOFTWARE AND GAME, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, FREE FROM CYBERATTACKS AND/OR HACKS AND/OR CRACKS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE OR THE CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAMEPLAY. COMPANY MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER, FEATURE, SERVICE, CONTENT AND/OR GAMEPLAY IN ITS SOLE DISCRETION. COMPANY HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE AND GAME.
NO WARRANTIES
Siege Camp AND ITS DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER OR MOBILE RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
LIMITATION OF LIABILITY
YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE, DOWNLOAD OR USE OF THE GAME. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR ANY PURCHASES MADE IN CONNECTION WITH THE GAME, AS APPLICABLE.
Term and Termination
Term. This Agreement is effective upon your first use of our Services and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that we choose to amend these terms, cease providing the Services, or license to a third party the right to provide the Services, we are not required to provide notice to you. Neither the Services nor our agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of our servers or other technology.
Termination. We reserve the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, suspensions and terminations of the Services are the result of violations of this Agreement. In case of minor violations of these rules, you may, at our discretion, receive a prior warning and/or suspension due to your non-compliance prior to terminating the Agreement which may eventually lead to modification or deletion of your account.
You are entitled to terminate this Agreement at any time by terminating your Account with the relevant Platform, deleting the Game, or notifying us via [email protected].
Upon termination of this Agreement, all licenses granted herein will immediately terminate without reimbursement or refund to you, including with respect to any amounts paid to the Platforms or retailer prior to termination of this Agreement, any right you may have had to the Game or Services is forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were paid on your account prior to any termination of this Agreement.
General
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of Canada and the law of the Province of Ontario, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of Canada are responsible for compliance with all applicable local laws. You further agree that any controversy, claim or dispute arising out of or relating to this Agreement shall be exclusively brought in a provincial or federal court in the Province of Ontario, and you and the Company each submit and consent to the personal jurisdiction of, and venue in, the provincial courts located in the Province of Ontario, and to the federal courts therein.
Assignment. We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent. Your assignment of this Agreement without our prior written consent shall be void.
Notices. Notices to you may be made by posting a notice (or a link to a notice) through the Game, by e-mail, or on our Website, at our sole and absolute discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No Waiver. Our failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. We shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of Gods, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond our control.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Entire Agreement. This EULA, along with our other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by us survive termination of this Agreement for any reason.
In order to create a better player experience for our entire community, we require all of our players to carefully review and accept the following Terms of Service and End User License Agreement (collectively, the “Agreement”). This not only helps us preserve a healthy and fun environment or all of our players, but it also allows us to continuously improve your player experience.
Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we collect from you. We provide it to you separately for two reasons: 1) it is not an agreement to which you must consent in order to enjoy our products—instead, the policy exists solely to communicate our practices and your rights with respect to those practices; and 2) your privacy rights are important to us and deserve your undivided attention. Please take the time to review our Privacy Policy here: http://www.siegecamp.com/privacy
By accessing, downloading and/or using the Game, Website or Services, you represent that you are (i) at least eighteen (18) years of age or the age of majority in your country of residence, or (ii) your parent or legal guardian has consented to your use of the Game. If you are at least eighteen (18) years of age or the age of majority in your country of residence, you hereby accept and agree to be legally bound by all the terms and conditions of this Agreement on your own behalf, and you acknowledge that we may terminate your use of our Services at any time subject to the terms set forth herein. IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO HAS CONSENTED TO YOUR CHILD’S USE OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF THE SERVICES BY THE CHILD.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME. TO THE EXTENT APPLICABLE, IF YOU REJECT THE TERMS OF THIS AGREEMENT AFTER YOUR PURCHASE OF A GAME FROM ANY DIGITAL STOREFRONT, YOU MAY ONLY INQUIRE ABOUT A POSSIBLE REFUND OF THE PURCHASE PRICE OF THAT GAME FROM THE APPLICABLE DIGITAL STOREFRONT AND YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE APPLICABLE DIGITAL STOREFRONT’S RETURN POLICY.
We reserve the right to modify this Agreement in whole or in part, from time to time at its sole and absolute discretion. We may, but are not obligated to provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version available to you at the time you attempt play the Game; however, you agree you will periodically check the Website for updates. To determine when the Agreement was last revised, simply refer to the “Last Updated” legend at the top of this Agreement. Your continued use of our Website, Game, or Services following our making available any revised version of this Agreement shall constitute your assent and acceptance of the revised version. If you do not agree to any changes made to the Agreement, you may not access or use the Game.
Definitions
The following terminology applies to the Terms of Service and End User License Agreement, and any or related agreements referenced herein:
The term “Game” means our interactive entertainment product (namely “Foxhole”), including the game client and all versions thereof across any and all playable platforms, and also refers to any and all expansions, updates, and all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devices, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
“Services” mean all of the products and services offered by Siege Camp, including but not limited to our Game, our Website, community and social media accounts, customer support, technical support, and all others means by which you interact with us and our products and services.
The following terminology applies to these Community Guidelines, Terms of Service, End User License Agreement, and any or related agreements referenced herein: "End User", “you” and “your” refers to you, the person accessing the Website/Game and accepting the Company’s terms and conditions. "the Company", “ourselves”, “we”, “our” and "us", refers to our company, Siege Camp “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, Canadian and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/they, are taken as interchangeable and therefore as referring to the same.
Terms of Service
We want to make sure that our Game and Website remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting this Agreement, you understand that the following terms and conditions apply to your use of both the Website and our Game, as well as any and all social media channels (including but not limited our Digital Storefronts, Discord server, Twitter and similar social media platforms, as well as online video and streaming platforms such as, by way of example and by no means a limitation of the foregoing, YouTube.com and Twitch.tv) in connection with the Game (collectively herein the “Community”). Your failure to comply with any part of this Agreement, including these Community guidelines may result in your account termination, to the extent applicable, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless the Company and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
Playing our Game
You must have, and where applicable pay for, the following to play our Game: a downloaded copy of or access to the Game from one of the applicable Digital Storefronts; required platform hardware or minimum computer system requirements; and an internet connection. You may also be required to create a user account for the Digital Storefront through which you access our Game in order to purchase, download, and use the Game. Platform account registration procedures may vary; please see the applicable platform’s documentation or website for instructions.
We retain the right to monitor and/or record your communications in-Game and/or sent to us directly or within our dedicated communities, and you acknowledge and agree that when you communicate with us or through the in-Game text feature, you have no expectation that your communications will be private. We have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Company policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone that we believe may be threatened; or (e) to report a crime or other offensive behavior.
Your use of the Services and your ability to access your account and interact with other players is governed by all times to the terms and conditions of this Agreement, as well as any other applicable policies, terms and conditions set forth in-game that we may from time to time deploy or enforce at our sole and absolute discretion, and any third-party Platform terms and conditions. These terms and conditions are not meant to be exhaustive. In the event of a conflict between the terms and conditions of this Agreement and any of the other foregoing terms and conditions, the terms and conditions of this Agreement shall control with regard to your access, download and use of the Game. Your use of the Game on any Platform also is subject to the Platform’s terms and conditions.
We reserve the right to interrupt, modify (including, without limitation, adding or removing servers), update, suspend, cancel or terminate the Game and/or your use of the Game, in our sole discretion, to ensure the optimal experience for all users. We may or may not provide prior notice, and our decision to do so will depend on the circumstances. In situations where providing notice or disclosing the reason for our actions would compromise the security or the effectiveness of our monitoring features, we reserve the right to take action without explanation. Updates may require you to update your system to play the Game. You agree that neither the Company (nor its licensors, licensees, and/or service providers, if applicable) will be liable for any interruption, delay, and/or failure of the Game to perform. You understand that you shall not be entitled to any refund of amounts or other compensation for interruption to your use of the Game or any failure of the Game to perform.
User Comments and Feedback
We, as well as our Community, offer various opportunities to interact and share your opinions and thoughts with us and other End Users in Game via our social media pages (including Discord, Facebook, Reddit and Twitter), through the Game’s Digital Storefront pages, or via other Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by our employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Facebook, Reddit, Twitter or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of the Company.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of the Game.
We welcome your Feedback, including any insights, suggestions, enhancements, constructive criticism, or ideas related to the Game or Website ("Feedback"). Please understand that while your Feedback is invaluable, we cannot ensure that it is entirely unique or that similar ideas have not already been considered by our team.
By submitting Feedback, you agree to waive any rights to initiate legal action against us for copyright or design infringement arising from our use of your Feedback. This waiver applies across all jurisdictions and extends to all existing and future rights under applicable US, Canadian, or international laws, ensuring a clear and dispute-free relationship between us as we consider and potentially implement your suggestions. This approach allows us to value and utilize your contributions while maintaining a straightforward and mutually beneficial connection.
User Generated Content
We encourage our End Users to create and share your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). We also encourage streaming and recording your gameplay and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”. You represent that you have the right to post any User Generated Content which you post to and/or in relation to the Game, and that such content, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. For clarity, any non-commercial use restriction referenced in the License portion of this Agreement does not refer to any gameplay that is publicly performed by you on a streaming platform, regardless of your status on that platform (affiliates, partners, and ambassadors are welcome).
However, User Generated Content shared with the Community must comply with these Community guidelines and our End User License Agreement. You agree that neither the Company, nor any Platform on which you access and/or use the Game is liable for User Generated Content that is provided by you or others. We have no duty to pre-screen User Generated Content, but may have the right to refuse to post, edit, or deliver submitted User Generated Content. We reserve the right to remove User Generated Content for any reason, but are not responsible for any failure or delay in removing such material. We also reserve the right to block any End User’s access to any content, website or webpage that we provide in our sole discretion. Failure to comply with any of the terms contained therein may result in our utilizing any legal remedies may be available to us, including issuing takedown notices to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
Infringing Content
To the extent possible under International Law, we are not liable for any copyright infringement arising from any User Generated Content shared with the Community. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any social media platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the social media platform). If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at: [email protected]
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
Your physical or electronic signature;
Your name, address, and phone number;
Identification of the material and its location before it was removed;
A statement under penalty of perjury that the material was removed by mistake or misidentification;
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
Your consent to accept service of process from the party who submitted the takedown notice.
Please note that, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Community Rules and Restrictions
By entering into these Agreements and accepting the Community Guidelines, you agree to comply with the following:
Nothing you share with the Community, including but not limited to User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or other right of any third party;
To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
You will NOT harass other users. Harassment includes but is not limited:
Publicly disclosing personally identifiable information of another End User or member of the Community;
Stalking, doxing, or otherwise infringing on the privacy of any member of the Community;
Disparaging, defaming, name-calling, or engaging in any form of discrimination against another member of the Community;
Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to a member of the Community;
Making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or the Company; or
Using exploits, hacks, or third party tools to obtain an unfair advantage against other members of the Community in-Game.
You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Game that you dislike. Your sole remedy for that is to stop playing that Game;
You will not engage in solicitation or advertise other products or services to the Community without our prior consent (e-mail is sufficient);
Failure to comply with the Community Rules and Restrictions set forth above will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third-party may be accompanied by the application of any and all legal rights and claims reserved by us in accordance with this Agreement.
Website
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury resulting from negligence;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
Trademarks
The Company trademarks (“Company Marks”) may only be used: (1) in connection with the activities listed as acceptable in these Community Guidelines; AND (2) when the applicable policy associated with that activity specifically references your right to use the Company Marks pursuant to this policy.
You may use the Company Marks only for non-commercial purposes, except as permitted by the applicable policy.
The Company Marks may only be used in connection with high quality materials (e.g., websites).
Use the appropriate trademark symbol (™, ®) listed below the first time that a Company Mark appears in your material.
You should provide credit to us by using the credit lines associated with the Company Marks that you use (see below).
Do Not:
Alter a Company logo other than to adjust the overall size of the logo;
Modify or alter a Company Mark or logo or use them in a way that confuses the Company or its games with another brand, game, or game developer/publisher;
Use a Company Mark in a plural or possessive form;
Use a Company Mark or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;
Use a Company Mark in conjunction with your name or any other trademark or trade name;
Use the Company Marks in a way that is deceptive, harmful, obscene or disparaging to others;
Present or feature any Company Mark on websites containing content or advertising associated with pornography, gambling, or illegal activities;
Use a Company Mark in the domain name of your website's URL;
Apply for trademark registration of a product, service, etc., with a name that includes a Company Mark or, any variation thereof;
Use a Company Mark in a manner that, in our sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortious, disparaging, abusive, or otherwise objectionable or inappropriate; or
Use a Company Mark in any manner than implies a relationship with, sponsorship, or endorsement by Company, unless otherwise authorized by us in writing.
End User License Agreement
This End User License Agreement describes the terms and conditions by which we offer you: (i) the right to download, install and/or use the Game and related documentation, and Game content offered by us; and (ii) the right to use the Game in conjunction with your registered account on your chosen Platform (“Account”). This Agreement does not grant you any rights to use any third-party products or services.
License
We retain exclusive rights for any and all of any and all International intellectual property and proprietary rights in and to our Game and all copies of our Game, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Game. We prohibit the copying, reproduction, and circumvention of technology of our Game beyond the terms of this license. Our Game is licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Game is contingent upon your compliance with this Agreement and the License Terms set forth below.
License Terms
We hereby grant you a non-exclusive, non-sublicensable, non-transferrable, revocable and limited right and license to access, download, or otherwise make use of the Game for your personal, non-commercial use solely in connection with an authorized Account. Continued use of the Game is contingent upon your compliance with the following:
You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game.
Absent a valid distribution Agreement between you and the Company, you may not commercially exploit or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game.
You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience.
You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces.
You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us.
You may not provide or develop outside matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
You may not facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us.
You may not violate any applicable law or regulation in connection with your use of the Game.
You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Ownership and Independent Origin
Company and/or its licensors own and retain all right, title and interest relating to all State, Federal, and International Intellectual Property and proprietary rights in and to our Game and all copies of our Game, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other Intellectual Property and proprietary rights embodied in or derived from our Game. We strictly prohibit the copying, reproduction, and circumvention of technology of our Game beyond the terms of this Agreement. Except for the revocable, limited license expressly granted above, you acknowledge and agree that you have not and will not acquire or obtain any Intellectual Property rights, including, without limitation, any right of exploitation, of any kind in or to the Game, and/or any compilation or copyrightable arrangement thereof, and that the Game is exclusively owned by Company. All rights not expressly granted herein are reserved by us. PLEASE NOTE THAT UNAUTHORIZED USE OF THE COMPANY PROPERTY MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, the rights in and to any User Generated Content or third-party content created in connection with the Game remains with its respective owners and we do not claim any right, obligation, or liability thereto.
Consent to Data Usage
Neither Company, nor any authorized agent on behalf of Company, will ever sell information that personally identifies you (“Personally Identifiable Information”) without your consent, except as may be compelled by operation of law or to enforce our legal rights. In using the Game, you acknowledge that we may collect and store data from your computer or device or console, including but not limited to gamertags and steam usernames. Additional information such as in-Game communications between Users may also be collected. Personally Identifiable Information may be collected at any time you access online features and/or the Game or Services.
The use of Personally Identifiable Information collected by us is predominately used for customer support, to analyze and improve our Game and features offered to consumers as well as to provide the Services. Such information also helps us notify and provide End Users with important software support, updates, and dynamically served content, and in other quality control and assurance procedures aimed at maximizing your playing pleasure and experience. SHOULD YOU NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATION AS SET FORTH IN THIS AGREEMENT, YOU ARE STRONGLY URGED NOT TO INSTALL OR USE THE GAME. For more information, please visit our Privacy Policy here: http://www.siegecamp.com/privacy
U.S. Government End Users
The Game and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. ' 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. ' 12.212 or 48 C.F.R. ' 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States..
DISCLAIMER
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. COMPANY MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE SOFTWARE AND GAME, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, FREE FROM CYBERATTACKS AND/OR HACKS AND/OR CRACKS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE OR THE CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAMEPLAY. COMPANY MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER, FEATURE, SERVICE, CONTENT AND/OR GAMEPLAY IN ITS SOLE DISCRETION. COMPANY HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE AND GAME.
NO WARRANTIES
Siege Camp AND ITS DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER OR MOBILE RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
LIMITATION OF LIABILITY
YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE, DOWNLOAD OR USE OF THE GAME. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR ANY PURCHASES MADE IN CONNECTION WITH THE GAME, AS APPLICABLE.
Term and Termination
Term. This Agreement is effective upon your first use of our Services and shall remain in effect until it is terminated or superseded by a new or updated version of this EULA, or, if neither of the foregoing events occur, as long as you continue using our Services. In the event that we choose to amend these terms, cease providing the Services, or license to a third party the right to provide the Services, we are not required to provide notice to you. Neither the Services nor our agreement to provide access to the Services shall be considered a rental or lease of time on the capacity of our servers or other technology.
Termination. We reserve the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, suspensions and terminations of the Services are the result of violations of this Agreement. In case of minor violations of these rules, you may, at our discretion, receive a prior warning and/or suspension due to your non-compliance prior to terminating the Agreement which may eventually lead to modification or deletion of your account.
You are entitled to terminate this Agreement at any time by terminating your Account with the relevant Platform, deleting the Game, or notifying us via [email protected].
Upon termination of this Agreement, all licenses granted herein will immediately terminate without reimbursement or refund to you, including with respect to any amounts paid to the Platforms or retailer prior to termination of this Agreement, any right you may have had to the Game or Services is forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were paid on your account prior to any termination of this Agreement.
General
Governing Law. This Agreement shall be governed by, and will be construed under, the laws of Canada and the law of the Province of Ontario, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users who access the Services from outside of Canada are responsible for compliance with all applicable local laws. You further agree that any controversy, claim or dispute arising out of or relating to this Agreement shall be exclusively brought in a provincial or federal court in the Province of Ontario, and you and the Company each submit and consent to the personal jurisdiction of, and venue in, the provincial courts located in the Province of Ontario, and to the federal courts therein.
Assignment. We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent. Your assignment of this Agreement without our prior written consent shall be void.
Notices. Notices to you may be made by posting a notice (or a link to a notice) through the Game, by e-mail, or on our Website, at our sole and absolute discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No Waiver. Our failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Force Majeure. We shall not be deemed in default of this Agreement to the extent that performance of its obligations are delayed or prevented by reason of any act of Gods, fire, natural disaster, accident, act of government, shortages of material or supplies, power outage, embargo, warfare, strike, or any other cause reasonably beyond our control.
Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
Entire Agreement. This EULA, along with our other applicable agreements contained herein, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
Survival. All provisions reasonably necessary to preserve any and all rights and available claims by us survive termination of this Agreement for any reason.