| Language: |
EASTWARD
End User License Agreement
Last updated: 10th August 2021
NEXT STOP… EASTWARD!
This End User License Agreement (“Agreement”) is entered into by and between Chucklefish Limited, a company incorporated in England under company number 07664836 and whose registered office is at 71 Queen Victoria Street, London EX4V 4BE, United Kingdom (“Chucklefish”) and You (as defined below), governing the access and use of products, contents, and services offered by Chucklefish.
PLEASE READ THIS AGREEMENT CAREFULLY, BEFORE INSTALLING THE GAME OR USING THE CHUCKLEFISH SERVICES. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE CLICK THE “REJECT” BUTTON AND DO NOT INSTALL OR USE ANY CHUCKLEFISH SERVICES.
By clicking the “accept” button, installing the Game (as defined below) or using the Chucklefish Services (as defined below), You accept, and agree to be bound by this Agreement. We may from time to time modify and update this Agreement, and the updated terms shall be deemed effective on the date indicated at the top of this Agreement. You are responsible for checking this Agreement regularly for changes. If You continue to use the Chucklefish Services after the changes to this Agreement have come into force, You are signifying acceptance to these new terms unless there are material changes concerning Your interests, in which case we will notify You in other effective ways for You to decide whether to continue using our services.
We offer the Game through various platforms and distribution channels, including the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). That means you need a Steam account to play the Game via Steam, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this Agreement then, where there are conflicts, the Steam Subscriber Agrfeement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds.
You’re only allowed to use the Game and the Chucklefish Service and send personal information to us if you are either 18 years or older, or you are 13 years or older and your parent or legal guardian has read this Agreement and explained it to you, and provided us with their consent to your use of the Game and the Chucklefish Service.
SUMMARY
This Agreement is a legal agreement between us and you, so please read it carefully.
It describes how you are permitted to use the Game and Chucklefish Services.
If you break these rules, we may stop you using the Game and/or Chucklefish Services, or ask our lawyers to get in touch.
The Game is provided on an ‘as is’ basis.
This Agreement may change from time to time.
DEFINITIONS
Capitalized terms used but not otherwise defined herein, shall have the meanings ascribed to them below:
“Chucklefish Service(s)” mean any and all services provided by Chucklefish related to Game, including but not limited to the game software, servers, websites, platforms, community channels, forums, social media, online or offline events, and other online or offline services.
“Content(s)” means any content, materials or other elements related to Game and Chucklefish Services, including but not limited to the software, technology, text, forum posts, profile, graphics, images, pictures, designs, music, sound, video, and all audio-visual materials.
“Game” means the video game entitled “Eastward” provided or operated by Chucklefish, including all updates, enhancements, patches, upgrades, add-ons, free and/or paid downloadable contents to it, any relevant documentations, packaging, manuals, game data, and any other elements which are part of the Game, individually or in combination as well.
“Intellectual Property Rights" means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
“License” as set forth in Section 3.3.
“User Contents” means any derivative works of the Game, including but not limited to livestreaming graphics and videos of the Game, game mod, and other works created by users based on the Game.
“User-Generated Content” / “UGC” means any Contents generated by Users, which is not related or based on the Game including feedback, suggestions, comments, ideas, forum posts, profile content, and other Contents that Users provide, publish, or otherwise communicate directly or indirectly to Chucklefish regarding the Chucklefish Services and platforms or the Game, refers to as “UGC” as well.
“You/Your” means a person who, through any legal means, is authorized by Chucklefish a non-commercial license to install the Game and/or use Chucklefish Services as well, referred to as “User” or “End User”.
LICENSES
With the exception of any third-party materials and UGC addressed below, all Contents, Game, Chucklefish Services, User Contents and all title, ownership rights, Intellectual Property Rights, neighbouring rights, and other rights and interests in and to them are solely owned by Chucklefish or its licensors and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You acknowledge that the use of the Game or the Chucklefish Services may require the feature supporting of certain third-party software and/or websites, and that will be Your own responsibility to comply with the terms and conditions required by such third-party software and/or website.
Following Your acceptance of the terms of this Agreement, Chucklefish grants You a personal, limited, non-exclusive, non-commercial, non-transferable, non-sublicensable, non-assignable and fully revocable license (“License”) to use the Game and the Chucklefish Services. We do not sell the Game (and any Intellectual Property Rights in it) to You. Chucklefish owns and/or has an exclusive license to the Game, and brands or Contents in the Game, so you are buying permission to play the Game yourself in accordance with this Agreement.
As long as you follow the rules in this Agreement, you can use the Game in the following ways:
Share screenshots, streams and/or videos of your gameplay.
Include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us).
To create pre-recorded or live streamed gameplay videos of your playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube, or in creating Patreon (or similar platform) exclusive content that end-users may pay you to access (as long as you comply with the other terms of this Agreement).
Except as permitted by this Agreement, You shall not:
Reverse engineer, translate, adapt, disassemble, decompile, or reduce to any form any Game or Chucklefish Services in whole or in part;
Copy, reproduce, modify, translate, distribute, transmit, publish, perform, display, or communicate through internet any Chucklefish Services, Game, Contents in whole or in part;
Sell, sub-license, rent, grant a security interest in any Chucklefish Services, Game, Contents in whole or in part; and/or
Conduct any other act prohibited by applicable laws and regulations of Your country of residence to Chucklefish Services, Game, or Contents.
Any title, rights, and interests (including but not limited to the ownership, Intellectual Property Rights, and proprietary rights) in Game, Contents, and the Chucklefish Services not expressly granted herein are retained and reserved by Chucklefish and/or its licensor.
USER-GENERATED CONTENT AND USER CONTENT
You acknowledge and agree that You are responsible for Your UGC and User Content. You may not upload, transmit, or share any UGC or User Content that infringes a third-party’s legitimate rights (including Intellectual Property Rights), or violates the laws, regulations, local policies and this Agreement.
By uploading or contributing the UGC, You grant to Chucklefish, its licensors and licensees, an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to You or any third party. You also grant to all other users who can access and use Your UGC in Game and Chucklefish Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute Your UGC on or through the relevant Chucklefish Services without further notice, attribution, or compensation to You.
If any right or interest (such as moral rights) in the UGC may not be licensed or transferred under any applicable laws, You hereby expressly waive and agree not to assert any such rights, credits, and/or claim for any compensation from Chucklefish.
RULES OF CONDUCT
To use the Game and the Chucklefish Services, You shall comply with all provisions of this Agreement and other rules or policies Chucklefish publishes on its official websites, game platforms, or in the game from time to time. You represent, warrant, and agree that You will not use the Chucklefish Services in any unlawful, threatening, or harassing manner, or take any action that, in Chucklefish’s sole discretion, is considered offensive, libellous, defamatory, immoral, objectionable, or unethical, or that is otherwise inconsistent with laws and regulations applicable in the country or region where You live or work.
In addition to the above, during Your use of the Chucklefish Services, You agree not to:
Violate any law, rule, regulation, or local policies, which are applicable to Your use of the Chucklefish Services.
Upload files to the Chucklefish Services that contain a virus or corrupted data.
Interfere with or disrupt any of the Chucklefish Services or any server or network used to support or provide the Chucklefish Services, including any hacking or cracking into any Chucklefish Services.
Use any robot, spider or other automated device or process to access the Chucklefish Services for any purpose such as scraping data or copying material.
Use any software or program that damages, interferes with, or disrupts the Chucklefish Services or another person’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files, and time bombs.
Remove information related to copyright ownership or other Intellectual Property Rights from Game and the Chucklefish Services.
Use or distribute unauthorized software programs or tools (such as “auto”, “macro”, hack, or cheat software), or use exploits, bugs, or problems in the Chucklefish Services to gain unfair advantage.
Modify or forgery instructions or data to change or modify the functionality or operation effects of Game or the Chucklefish Services; or disseminate, whether for commercial purpose or not, aforementioned methods to the public.
Access or use Game and/or the Chucklefish Services through any third-party software, plug-ins, and/or systems that are not developed or authorized by Chucklefish; or disseminate, whether for commercial purpose or not, aforementioned software to the public.
Contribute UGC, organize or participate in any activity, group, or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
Publish, post, upload or distribute UGC or content that is illegal or that may infringe any rights or privacy of any third party.
Use information about users publicly available in any Chucklefish Services (e.g., in the forum) for any inappropriate purpose, including to identify such users in the real world.
Post or disclose any personal information (except expressly requested by Game or the Chucklefish Services) of any third party, including the ID number, real name, residential address, etc.
Use the Chucklefish Services in a country in which Chucklefish is prohibited from offering such services under applicable laws.
Exploit the Chucklefish Services, for any commercial purpose, including without limitation using at a cyber cafe, computer gaming center or any other location-based site.
Impersonate another person (including celebrities), misrepresent that You are a Chucklefish employee or a representative of Chucklefish, or attempt to mislead users by indicating that You represent Chucklefish or any of Chucklefish’s subsidiaries or affiliates.
Promote, encourage, or help others to take part in any prohibited activity described above.
You acknowledge and agree that Chucklefish has the right to evaluate Your action solely based on data collected by Chucklefish in Games and/or the Chucklefish Services and decides whether You have violated the above rules or not.
PATCHES, UPDATES AND CHANGES
We may (but are not obliged to) patch, update or change the Game over time (for example to add or remove features, to resolve software bugs or to balance the Game). This will result in mandatory and/or automatic updates and older, non-updated versions may become unusable over time. We need these rights in order to keep the Game running efficiently and we reserve the right to do this without notice or liability to you.
TERMINATION
This Agreement is effective from the earlier of the date You purchase, download, or use the Game, until terminated according to its terms. Upon such termination Your right to use the Game shall immediately cease.
Your Termination Rights. You can terminate this Agreement by permanently stopping use of the Game at any time such as uninstalling the Game from your computer or deleting it from your account with the applicable platform (e.g. deleting it from your Steam library). Termination will not affect already existing rights or obligations of us or You.
Our Termination Rights. We may suspend or terminate your access to the Game and Chucklefish Services and this Agreement if you materially breach this Agreement, which includes a breach which is serious and/or which could cause real harm to the Game, other end users, Chucklefish and its affiliates, licensors and partners. We will try where reasonably possible to contact you to explain why we have done this and what (if anything) you can do as a result. If we suspend or terminate your access to the Game and this Agreement under this section, then we will not have any obligations or liabilities to you at all.
Stopping the Game. It seems very unlikely, but if we have to stop providing access to the Game and Chucklefish Service (in whole or in part – e.g. on a particular platform) permanently and not because of any breach by You, we will try to give you at least thirty (30) days (or other such periods as required by applicable laws) advance notice by posting a note on our website. In this case, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities).
DISCLAIMER; NO WARRANTY; LIMITATION OF LIABILITY
Nothing in this Agreement will limit any of your rights which may not be excluded under law. This means that, irrespective of any other terms in this Agreement:
our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
if the Game is faulty (i.e. not of satisfactory quality, not fit for purpose or not as described) when we deliver it to you, we will try to repair or replace it. Please note that the Game is in “Early Access” and may include some bugs;
if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back in accordance with the Steam Refunds policy;
if, as a result of the fault, the Game damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
Other than as mentioned above, our overall liability to you is limited to the price you paid for the Game. The Game and Chucklefish Services, along with any updates or upgrades, is provided “as is”. That means we don’t make any promises to you about the Game other than that the Game will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises to you about the Game or Chucklefish Services.
Our promises to you about the Game do not apply if any defects or faults in the Game are as a result of your having altered or modified the game (including using any mods), or where you have used the Game in breach of this Agreement.
We’ll use reasonable skill and care to provide the Game and Chucklefish Service, but can’t guarantee there won’t be any errors or interruptions when playing it or using them, or that they won’t cause any problems with your device.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by English law and You can bring proceedings in respect of the Game or this Agreement in the English courts. In addition You may have the legal right to bring proceedings in Your local jurisdiction and if this is the case then You may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the Game in either the Scottish or the English courts.
Unless we agree with You otherwise in writing and/or subject to applicable laws, you agree that you may only bring any claim that you might have against us on an individual basis and not as a claimant or member in any purported class, collective, consolidated or representative action or legal proceeding. This section 9.2 will not apply to You if You live in a jurisdiction that does not permit class actions or other collective disputes.
You acknowledge that, to the extent permitted by laws of Your country, any disputes arising out Your access or use of Chucklefish Services shall be filed within the earlier of: (a) one [1] year since Your aware of such dispute, and (b) one [1] year from the occurrence of the claim or cause of action.
MISCELLANEOUS
Privacy and Data. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. If you want to understand what information we may collect about you when you play the Game, and how we use information that we collect about you, then you should read of privacy policy.
Entire Agreement. This Agreement, including the Privacy Policy and other rules or policies Chucklefish publishes on its official websites, game platforms, or in the game from time to time, constitutes the entire agreement between You and Chucklefish, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and Chucklefish.
Severability. If any provision of this Agreement is found to be illegal or unenforceable, that provision will be severed. The remainder of this Agreement will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Assignment. This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by You without the prior written consent of Chucklefish. Chucklefish may assign, license, delegate, or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
No waiver. Chucklefish’s failure or delay to exercise any right set forth hereunder shall not be considered as a waiver of it, nor shall any single or partial exercise of any right preclude Chucklefish’s further exercise of it.
Notice. Chucklefish may send You notice through the Chucklefish Services, the official website, by email or any other means that You may inform us of. Except as otherwise provided in the Agreement, all notices given by You to Chucklefish shall be made to the address set forth in Section 12 below.
CONTACT US
Chucklefish Limited
3 Beaufort Court
Admirals Way
London E14 9XL
Email: [email protected]
End User License Agreement
Last updated: 10th August 2021
NEXT STOP… EASTWARD!
This End User License Agreement (“Agreement”) is entered into by and between Chucklefish Limited, a company incorporated in England under company number 07664836 and whose registered office is at 71 Queen Victoria Street, London EX4V 4BE, United Kingdom (“Chucklefish”) and You (as defined below), governing the access and use of products, contents, and services offered by Chucklefish.
PLEASE READ THIS AGREEMENT CAREFULLY, BEFORE INSTALLING THE GAME OR USING THE CHUCKLEFISH SERVICES. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE CLICK THE “REJECT” BUTTON AND DO NOT INSTALL OR USE ANY CHUCKLEFISH SERVICES.
By clicking the “accept” button, installing the Game (as defined below) or using the Chucklefish Services (as defined below), You accept, and agree to be bound by this Agreement. We may from time to time modify and update this Agreement, and the updated terms shall be deemed effective on the date indicated at the top of this Agreement. You are responsible for checking this Agreement regularly for changes. If You continue to use the Chucklefish Services after the changes to this Agreement have come into force, You are signifying acceptance to these new terms unless there are material changes concerning Your interests, in which case we will notify You in other effective ways for You to decide whether to continue using our services.
We offer the Game through various platforms and distribution channels, including the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). That means you need a Steam account to play the Game via Steam, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this Agreement then, where there are conflicts, the Steam Subscriber Agrfeement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds.
You’re only allowed to use the Game and the Chucklefish Service and send personal information to us if you are either 18 years or older, or you are 13 years or older and your parent or legal guardian has read this Agreement and explained it to you, and provided us with their consent to your use of the Game and the Chucklefish Service.
SUMMARY
This Agreement is a legal agreement between us and you, so please read it carefully.
It describes how you are permitted to use the Game and Chucklefish Services.
If you break these rules, we may stop you using the Game and/or Chucklefish Services, or ask our lawyers to get in touch.
The Game is provided on an ‘as is’ basis.
This Agreement may change from time to time.
DEFINITIONS
Capitalized terms used but not otherwise defined herein, shall have the meanings ascribed to them below:
“Chucklefish Service(s)” mean any and all services provided by Chucklefish related to Game, including but not limited to the game software, servers, websites, platforms, community channels, forums, social media, online or offline events, and other online or offline services.
“Content(s)” means any content, materials or other elements related to Game and Chucklefish Services, including but not limited to the software, technology, text, forum posts, profile, graphics, images, pictures, designs, music, sound, video, and all audio-visual materials.
“Game” means the video game entitled “Eastward” provided or operated by Chucklefish, including all updates, enhancements, patches, upgrades, add-ons, free and/or paid downloadable contents to it, any relevant documentations, packaging, manuals, game data, and any other elements which are part of the Game, individually or in combination as well.
“Intellectual Property Rights" means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
“License” as set forth in Section 3.3.
“User Contents” means any derivative works of the Game, including but not limited to livestreaming graphics and videos of the Game, game mod, and other works created by users based on the Game.
“User-Generated Content” / “UGC” means any Contents generated by Users, which is not related or based on the Game including feedback, suggestions, comments, ideas, forum posts, profile content, and other Contents that Users provide, publish, or otherwise communicate directly or indirectly to Chucklefish regarding the Chucklefish Services and platforms or the Game, refers to as “UGC” as well.
“You/Your” means a person who, through any legal means, is authorized by Chucklefish a non-commercial license to install the Game and/or use Chucklefish Services as well, referred to as “User” or “End User”.
LICENSES
With the exception of any third-party materials and UGC addressed below, all Contents, Game, Chucklefish Services, User Contents and all title, ownership rights, Intellectual Property Rights, neighbouring rights, and other rights and interests in and to them are solely owned by Chucklefish or its licensors and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You acknowledge that the use of the Game or the Chucklefish Services may require the feature supporting of certain third-party software and/or websites, and that will be Your own responsibility to comply with the terms and conditions required by such third-party software and/or website.
Following Your acceptance of the terms of this Agreement, Chucklefish grants You a personal, limited, non-exclusive, non-commercial, non-transferable, non-sublicensable, non-assignable and fully revocable license (“License”) to use the Game and the Chucklefish Services. We do not sell the Game (and any Intellectual Property Rights in it) to You. Chucklefish owns and/or has an exclusive license to the Game, and brands or Contents in the Game, so you are buying permission to play the Game yourself in accordance with this Agreement.
As long as you follow the rules in this Agreement, you can use the Game in the following ways:
Share screenshots, streams and/or videos of your gameplay.
Include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us).
To create pre-recorded or live streamed gameplay videos of your playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube, or in creating Patreon (or similar platform) exclusive content that end-users may pay you to access (as long as you comply with the other terms of this Agreement).
Except as permitted by this Agreement, You shall not:
Reverse engineer, translate, adapt, disassemble, decompile, or reduce to any form any Game or Chucklefish Services in whole or in part;
Copy, reproduce, modify, translate, distribute, transmit, publish, perform, display, or communicate through internet any Chucklefish Services, Game, Contents in whole or in part;
Sell, sub-license, rent, grant a security interest in any Chucklefish Services, Game, Contents in whole or in part; and/or
Conduct any other act prohibited by applicable laws and regulations of Your country of residence to Chucklefish Services, Game, or Contents.
Any title, rights, and interests (including but not limited to the ownership, Intellectual Property Rights, and proprietary rights) in Game, Contents, and the Chucklefish Services not expressly granted herein are retained and reserved by Chucklefish and/or its licensor.
USER-GENERATED CONTENT AND USER CONTENT
You acknowledge and agree that You are responsible for Your UGC and User Content. You may not upload, transmit, or share any UGC or User Content that infringes a third-party’s legitimate rights (including Intellectual Property Rights), or violates the laws, regulations, local policies and this Agreement.
By uploading or contributing the UGC, You grant to Chucklefish, its licensors and licensees, an irrevocable, non-exclusive, perpetual, transferable, assignable, worldwide, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display, or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to You or any third party. You also grant to all other users who can access and use Your UGC in Game and Chucklefish Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute Your UGC on or through the relevant Chucklefish Services without further notice, attribution, or compensation to You.
If any right or interest (such as moral rights) in the UGC may not be licensed or transferred under any applicable laws, You hereby expressly waive and agree not to assert any such rights, credits, and/or claim for any compensation from Chucklefish.
RULES OF CONDUCT
To use the Game and the Chucklefish Services, You shall comply with all provisions of this Agreement and other rules or policies Chucklefish publishes on its official websites, game platforms, or in the game from time to time. You represent, warrant, and agree that You will not use the Chucklefish Services in any unlawful, threatening, or harassing manner, or take any action that, in Chucklefish’s sole discretion, is considered offensive, libellous, defamatory, immoral, objectionable, or unethical, or that is otherwise inconsistent with laws and regulations applicable in the country or region where You live or work.
In addition to the above, during Your use of the Chucklefish Services, You agree not to:
Violate any law, rule, regulation, or local policies, which are applicable to Your use of the Chucklefish Services.
Upload files to the Chucklefish Services that contain a virus or corrupted data.
Interfere with or disrupt any of the Chucklefish Services or any server or network used to support or provide the Chucklefish Services, including any hacking or cracking into any Chucklefish Services.
Use any robot, spider or other automated device or process to access the Chucklefish Services for any purpose such as scraping data or copying material.
Use any software or program that damages, interferes with, or disrupts the Chucklefish Services or another person’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files, and time bombs.
Remove information related to copyright ownership or other Intellectual Property Rights from Game and the Chucklefish Services.
Use or distribute unauthorized software programs or tools (such as “auto”, “macro”, hack, or cheat software), or use exploits, bugs, or problems in the Chucklefish Services to gain unfair advantage.
Modify or forgery instructions or data to change or modify the functionality or operation effects of Game or the Chucklefish Services; or disseminate, whether for commercial purpose or not, aforementioned methods to the public.
Access or use Game and/or the Chucklefish Services through any third-party software, plug-ins, and/or systems that are not developed or authorized by Chucklefish; or disseminate, whether for commercial purpose or not, aforementioned software to the public.
Contribute UGC, organize or participate in any activity, group, or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
Publish, post, upload or distribute UGC or content that is illegal or that may infringe any rights or privacy of any third party.
Use information about users publicly available in any Chucklefish Services (e.g., in the forum) for any inappropriate purpose, including to identify such users in the real world.
Post or disclose any personal information (except expressly requested by Game or the Chucklefish Services) of any third party, including the ID number, real name, residential address, etc.
Use the Chucklefish Services in a country in which Chucklefish is prohibited from offering such services under applicable laws.
Exploit the Chucklefish Services, for any commercial purpose, including without limitation using at a cyber cafe, computer gaming center or any other location-based site.
Impersonate another person (including celebrities), misrepresent that You are a Chucklefish employee or a representative of Chucklefish, or attempt to mislead users by indicating that You represent Chucklefish or any of Chucklefish’s subsidiaries or affiliates.
Promote, encourage, or help others to take part in any prohibited activity described above.
You acknowledge and agree that Chucklefish has the right to evaluate Your action solely based on data collected by Chucklefish in Games and/or the Chucklefish Services and decides whether You have violated the above rules or not.
PATCHES, UPDATES AND CHANGES
We may (but are not obliged to) patch, update or change the Game over time (for example to add or remove features, to resolve software bugs or to balance the Game). This will result in mandatory and/or automatic updates and older, non-updated versions may become unusable over time. We need these rights in order to keep the Game running efficiently and we reserve the right to do this without notice or liability to you.
TERMINATION
This Agreement is effective from the earlier of the date You purchase, download, or use the Game, until terminated according to its terms. Upon such termination Your right to use the Game shall immediately cease.
Your Termination Rights. You can terminate this Agreement by permanently stopping use of the Game at any time such as uninstalling the Game from your computer or deleting it from your account with the applicable platform (e.g. deleting it from your Steam library). Termination will not affect already existing rights or obligations of us or You.
Our Termination Rights. We may suspend or terminate your access to the Game and Chucklefish Services and this Agreement if you materially breach this Agreement, which includes a breach which is serious and/or which could cause real harm to the Game, other end users, Chucklefish and its affiliates, licensors and partners. We will try where reasonably possible to contact you to explain why we have done this and what (if anything) you can do as a result. If we suspend or terminate your access to the Game and this Agreement under this section, then we will not have any obligations or liabilities to you at all.
Stopping the Game. It seems very unlikely, but if we have to stop providing access to the Game and Chucklefish Service (in whole or in part – e.g. on a particular platform) permanently and not because of any breach by You, we will try to give you at least thirty (30) days (or other such periods as required by applicable laws) advance notice by posting a note on our website. In this case, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities).
DISCLAIMER; NO WARRANTY; LIMITATION OF LIABILITY
Nothing in this Agreement will limit any of your rights which may not be excluded under law. This means that, irrespective of any other terms in this Agreement:
our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
if the Game is faulty (i.e. not of satisfactory quality, not fit for purpose or not as described) when we deliver it to you, we will try to repair or replace it. Please note that the Game is in “Early Access” and may include some bugs;
if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back in accordance with the Steam Refunds policy;
if, as a result of the fault, the Game damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
Other than as mentioned above, our overall liability to you is limited to the price you paid for the Game. The Game and Chucklefish Services, along with any updates or upgrades, is provided “as is”. That means we don’t make any promises to you about the Game other than that the Game will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises to you about the Game or Chucklefish Services.
Our promises to you about the Game do not apply if any defects or faults in the Game are as a result of your having altered or modified the game (including using any mods), or where you have used the Game in breach of this Agreement.
We’ll use reasonable skill and care to provide the Game and Chucklefish Service, but can’t guarantee there won’t be any errors or interruptions when playing it or using them, or that they won’t cause any problems with your device.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by English law and You can bring proceedings in respect of the Game or this Agreement in the English courts. In addition You may have the legal right to bring proceedings in Your local jurisdiction and if this is the case then You may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the Game in either the Scottish or the English courts.
Unless we agree with You otherwise in writing and/or subject to applicable laws, you agree that you may only bring any claim that you might have against us on an individual basis and not as a claimant or member in any purported class, collective, consolidated or representative action or legal proceeding. This section 9.2 will not apply to You if You live in a jurisdiction that does not permit class actions or other collective disputes.
You acknowledge that, to the extent permitted by laws of Your country, any disputes arising out Your access or use of Chucklefish Services shall be filed within the earlier of: (a) one [1] year since Your aware of such dispute, and (b) one [1] year from the occurrence of the claim or cause of action.
MISCELLANEOUS
Privacy and Data. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. If you want to understand what information we may collect about you when you play the Game, and how we use information that we collect about you, then you should read of privacy policy.
Entire Agreement. This Agreement, including the Privacy Policy and other rules or policies Chucklefish publishes on its official websites, game platforms, or in the game from time to time, constitutes the entire agreement between You and Chucklefish, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and Chucklefish.
Severability. If any provision of this Agreement is found to be illegal or unenforceable, that provision will be severed. The remainder of this Agreement will remain in full force and effect. The severed provision will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Assignment. This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by You without the prior written consent of Chucklefish. Chucklefish may assign, license, delegate, or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
No waiver. Chucklefish’s failure or delay to exercise any right set forth hereunder shall not be considered as a waiver of it, nor shall any single or partial exercise of any right preclude Chucklefish’s further exercise of it.
Notice. Chucklefish may send You notice through the Chucklefish Services, the official website, by email or any other means that You may inform us of. Except as otherwise provided in the Agreement, all notices given by You to Chucklefish shall be made to the address set forth in Section 12 below.
CONTACT US
Chucklefish Limited
3 Beaufort Court
Admirals Way
London E14 9XL
Email: [email protected]