Steambirds Alliance & Spry Fox Network EULA

STEAMBIRDS ALLIANCE & SPRY FOX NETWORK END USER LICENSE AGREEMENT

LAST REVISED: OCTOBER 6, 2017

CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING STEAMBIRDS ALLIANCE OR USING THE SPRY FOX NETWORK. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS SOFTWARE PROGRAM.

Thank you for your interest in Spry Fox LLC’s (“Spry Fox” or “we”) Spry Fox Network game platform (“Spry Fox Network”) and Spry Fox’s interactive games (“Games”). This Agreement sets forth the terms and conditions under which you are licensed to access the Spry Fox Network, and use Games on the Spry Fox Network. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE ANY OF THE GAMES OR TO ACCESS THE SPRY FOX NETWORK.

    1. THE SPRY FOX NETWORK ACCOUNT.
      1. Use of the Spry Fox Network Account.  To use the Spry Fox Network, you must register, or have previously established, an account on the Spry Fox Network (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
        1. You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Spry Fox from using Spry Fox Network.
        2. When you create or update an Account, you must provide Spry Fox with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to play certain Games or use certain features offered on Spry Fox Network, you may be also be required to provide Spry Fox with payment information (such as credit card information). Spry Fox’s retention of your personal information is subject to Spry Fox’s SFN Privacy Policy, located at http://spryfox.com/spry-fox-network-privacy-policy. Spry Fox shall also have the right to obtain non personal data from your connection to Spry Fox Network.
        3. When you create an Account, you will be required to select a unique username and password (collectively referred to hereunder as “Login Information”). You cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
        4. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Spry Fox at support@spryfox.com.
        5. Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on Spry Fox Network, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
        6. Your use of Spry Fox Network and Games to interact with Spry Fox and other players is governed by Spry Fox’s In-Game Policies (the “In-game Policies”). The In-Game Policies are not meant to be exhaustive, and will generally be announced and updated in the Games’ official discussion forums. These In-game Policies apply to all Games:
          1. We encourage our players to cooperate and compete in our games, but crossing the line into abuse is never acceptable. If you come across a player violating the policies below, you should report them to support@spryfox.com.
          2. When participating in communication of any kind (chat, voice communication, group finder), you are responsible for how you express yourself. You may not use language that could be offensive or vulgar to others.
          3. Hate speech and discriminatory language is inappropriate, as is any obscene or disruptive language. Threatening or harassing another player is always unacceptable, regardless of language used. Violating any of these expectations will result in account restrictions. More serious and repeated violations will result in greater restrictions.
          4. You are prohibited from carrying out any action with a disruptive, malicious or dangerous effect on the “Chat” (in-game communication) experience, including but not limited to:
            1. Intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
            2. Posting commercial solicitations and/or advertisements for goods and services available outside of the Games;
            3. Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services; and
            4. Communicating or posting any user’s personal information in the Games, or on websites or forums related to the Games, except that a user may communicate his or her own personal information in a private message directed to a single user.
          5. Names are subject to the same rules established above. Any name the player has the ability to customize—such as player names and guild names—must be appropriate and inoffensive. Any name that violates our standards will be changed, and additional limitations may be placed on the offending account per our discretion. Take note that acceptable names are determined by player reports and Spry Fox’s decision. In particular, you may not use any name:
            1. Belonging to another person with the intent to impersonate that person, including without limitation an “Admin” or any other employee or agent of Spry Fox;
            2.  That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
            3. Subject to the rights of any other person or entity without written authorization from that person or entity;
            4. That belongs to a popular culture figure, celebrity, or media personality;
            5. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not; or is
            6. Related to drugs, sex, alcohol, or criminal activity.
          6. You are responsible for how you and your account are represented in the game world. Cheating in any fashion will result in immediate action. Using third-party programs to automate any facet of the game, exploiting bugs, or engaging in any activity that grants an unfair advantage is considered cheating.
          7. Exploiting other players is an equally serious offense. Scamming, account sharing, win-trading, and anything else that may degrade the gaming experience for other players will receive harsh penalties.
          8. If you’re unsure if your actions violate this code of conduct, reconsider them. We reserve the right to restrict offending accounts as much as necessary to keep Spry Fox’s Games a fun experience for all players.
        7. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically (e.g., charged to your credit card) until you cancel the subscription or the Account. Spry Fox may revise the pricing for the goods and services offered through Spry Fox Network at any time. YOU ACKNOWLEDGE THAT SPRY FOX IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO SPRY FOX FOR THE USE OF SPRY FOX NETWORK, OR FOR PURCHASES MADE THROUGH SPRY FOX NETWORK, FOR ANY REASON.
        8. Spry Fox shall have the right to monitor and/or record your communications when you use the Spry Fox Network, and you acknowledge and agree that when you use the Spry Fox Network, that you have no expectation that your communications will be private. Spry Fox shall 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 Spry Fox policy; (c) to protect Spry Fox’s legal rights and remedies; (d) to protect the health or safety of anyone that Spry Fox believes may be threatened; or (e) to report a crime or other offensive behavior.
      2. Grant of License.  If you accept and comply with the terms of this Agreement, Spry Fox will grant, and you will receive, a non-sub licensable, and non-exclusive license to use the Spry Fox Network and Games subject to the “License Limitations,” set forth in Section 1(C) below, as follows:
        1. You may use the Spry Fox Network and Games for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
        2. You may not transfer your rights and obligations to use the Spry Fox Network.
        3. With regards to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Spry Fox does not recognize any purported transfer of the Games; and
        4. Some of the Games playable on the Spry Fox Network may be subject to specific license terms that may include the following: (1) In certain cases, the “full version,” of Games can only be played after you purchase a license for the Game, and (2) You may play the Game(s) you have licensed at publicly available cyber cafés or computer gaming centers on Spry Fox Network through an Account registered to you.
      3. License Limitations.  Spry Fox may revoke your license to use the Spry Fox Network and/or the Games if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
        1. Derivative Works: Copy or reproduce (except as provided in Section 1(B)), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Games.
        2. Cheating: Create, use, offer, advertise, make available and/or distribute the following or assist therein:
          1. Cheats; i.e. methods, not expressly authorized by Spry Fox, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods
          2. Bots; i.e. any code and/or software, not expressly authorized by Spry Fox, that allows the automated control of a Game, Spry Fox Network and/or any component or feature thereof, e.g. the automated control of a character in a Game;
          3. Hacks; i.e. accessing or modifying the software of a Game or the Spry Fox Network in an manner, not expressly authorized by Spry Fox; and/or
          4. Any code and/or software, not expressly authorized by Spry Fox, that can be used in connection with the Spry Fox Network, a Game and/or any component or feature thereof which changes and/or facilitates the gameplay.
        3. Prohibited Commercial Uses: Exploit, in their entirety or individual components, the Spry Fox Network or the Game(s) for any purpose not expressly authorized by Spry Fox, including, without limitation (i) gathering in-game currency, items, or resources for sale outside of the Spry Fox Network or the Game(s); (ii) performing in-game services, like power-leveling, in exchange for payment outside of the Spry Fox Network or the Game(s); or (iii) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Spry Fox Network or the Game(s).
        4. Data Mining: Use third-party software that intercepts, collects, reads, or “mines” information generated or stored by the Spry Fox Network or the Game(s); provided, however, that Spry Fox may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
        5. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Spry Fox Network or the Game(s);
        6. Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by Spry Fox in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Spry Fox), or as part of content aggregation networks;
        7. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Spry Fox Network or the Game(s) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Spry Fox Network; and (ii) any connection using third-party programs or tools not expressly authorized by Spry Fox;
        8. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game(s) or your rights to the Game(s) to any other party in any way not expressly authorized herein;
        9. Disruption: Disrupt or assist in the disruption of (i) any computer used to support the Spry Fox Network or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SPRY FOX NETWORK OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
        10. Violation of Laws: Use a Game, or the Spry Fox Network, to violate any applicable law or regulation.
      4. Game and Spry Fox Network Features.
        1. Spry Fox Network Features:
          1. Advertising: Spry Fox’s Games and the Spry Fox Network may incorporate third-party technology that enables advertising on the Spry Fox Network and/or in certain Games playable on the Spry Fox Network, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Spry Fox and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
          2. User Created or Uploaded Content: The Spry Fox Network and certain Games may provide you an opportunity to upload and display content on the Spry Fox Network and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1(D)(II)(a) below. You hereby grant Spry Fox a perpetual, irrevocable, worldwide, fully paid up, non-exclusive right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Spry Fox shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Spry Fox may remove any User Content and any related content or elements from Spry Fox Network at its sole discretion.
        2. Game Features:
          1. Game Editors: Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is as follows:
            1. Custom Game developers may not develop Custom Games that include a mechanism that allows the developer to limit access to the Custom Game to certain users.
            2. Custom Games are and shall remain the sole and exclusive property of Spry Fox. Without limiting the foregoing, you hereby assign to Spry Fox all of your rights, title and interest in and to all Custom Games, and agree that should Spry Fox decide that it is necessary, you agree to execute future assignments promptly upon receiving such a request from Spry Fox. Additionally, Spry Fox shall have the right to maintain the Custom Game even if the developer of the Custom Game requests that Spry Fox remove the Custom Game from any platform or service.
            3. You represent and warrant that neither the content you use to create any Custom Games or upload to the Service, nor the compilation, arrangement or display of such content (collectively, the “User Content”), infringes or will infringe any copyright, trademark, patent, trade secret or other intellectual property right of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.
            4. Custom Game developers cannot develop Custom Games for profit at this time. Accordingly, a Custom Game cannot be sold, licensed, rented, nor can the Custom Game contain features that would support purchase transactions of any tangible or intangible content.
          2. Community Tournaments: In order to support local e-sports tournament activities, Spry Fox hereby grants you a limited, revocable license and right to organize and host small, community tournaments, or a series of tournaments utilizing certain Games (“Community Tournaments”) subject to your compliance with the following conditions:
            1. The total value of all prizes to be awarded during a Community Tournament must be less than Ten Thousand Dollars ($10,000.00 USD) or the equivalent;
            2. You may not charge fees of any kind for spectators to watch the Community Tournament;
            3. A Community Tournament cannot be sponsored by any companies that sell or promote any of the following products: Pornography (or extremely mature materials); alcohol; tobacco; firearms; competitive online computer games; gambling websites; or any company that is detrimental to Spry Fox’s business (hacking, gold services, account selling, key sellers);
            4. Community Tournaments must comply with all applicable laws and regulations; and
            5. The rules of the Community Tournament must promote fairness such that skill in playing the Game is what determines who will win or lose a match in the Community Tournament.
          3. Beta Testing Pre-Release Versions of Games: Certain pre-release versions of Games may be made available to you through the Spry Fox Network for testing (“Beta Testing”). Beta Testing through the Spry Fox Network will be governed by the following:
            1. Eligibility: In order to participate in a Beta Test, you must meet the following requirements:
              1. Spry Fox must designate you as a Beta tester;
              2. You agree to allow Spry Fox to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “System”) prior to registration for the Beta Test in order for Spry Fox to determine if you are eligible to participate in the Beta.
            2. Acknowledgments: You acknowledge that:
              1. the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
              2. you have, or will, back-up your hard drive prior to installation of the Beta;
              3. you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
              4. Spry Fox is not liable in any way for the loss of data or damage to the System, interruptions due to a lost connection to Spry Fox Network, software or hardware failures, or loss of data or disruption of the player’s ability to connect to Spry Fox Network;
              5. Spry Fox may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, chat, email, message board postings, etc.;
              6. Spry Fox may delete or modify the information stored by the Spry Fox Network or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
              7. Spry Fox may transfer software program files to the System, including a program that will collect and send Spry Fox CPU, RAM, operating system, video card, and sound card information from the System; and
              8. You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Spry Fox’s express authorization.
            3. Termination: Spry Fox can terminate a Beta Test at any time. When Spry Fox terminates a Beta Test, you must delete the Beta and all documents and materials you received from Spry Fox in connection with the Beta Test, and you may be asked by Spry Fox to remove any elements of the Beta from any hard drives on which the Beta has been installed. You agree and acknowledge that Spry Fox’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, refunds for time purchased to access World of Warcraft, etc.
            4. Sections of the Agreement Applicable to Beta Tests: When participating in a Beta Test, the terms of this Section 1(D)(II)(c) shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this.
    2. SPRY FOX’S OWNERSHIP.  Spry Fox is the owner or licensee of all right, title, and interest in and to the Spry Fox Network, the Games, Accounts, and all of the features and components thereof. The Spry Fox Network and the Games may contain materials licensed by third-parties to Spry Fox, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Spry Fox Network and/or the Games, are owned or licensed by Spry Fox:
      1. All virtual content appearing within the Spry Fox Network or the Games, such as:
        1. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
        2. Narrations: Themes, concepts, stories, and storylines;
        3. Characters: The names, likenesses, inventories, and catch phrases of Game characters;
        4. Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
      2. All data and communications generated by, or occurring through, the Spry Fox Network or the Games;
      3. All sounds, musical compositions, recordings, and sound effects originating in the Spry Fox Network or the Games;
      4. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
      5. Computer code, including but not limited to “Applets” and source code;
      6. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Spry Fox Network or the Games;
      7. All Accounts. Note that Spry Fox owns all Accounts, and that all use of an Account shall inure to Spry Fox’s benefit. Spry Fox does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
      8. All Moral Rights that relate to the Spry Fox Network or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
      9. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Spry Fox Network or the Games, except as expressly set forth in this Agreement or otherwise by Spry Fox in certain contest rules or addendum to this Agreement.
    3. PRE-LOADED SOFTWARE.  Spry Fox Network may contain additional software that requires you to agree to additional terms prior to your use (“Additional Software”).
      1. Installation: You agree that Spry Fox may install Additional Software on your hard drive as part of the installation of the Games, and from time to time during the term of this Agreement.
      2. Use: Unless Spry Fox grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Spry Fox grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement.
      3. Copies: You may make one (1) copy of the Additional Software for archival purposes only.
    4. CONSENT TO MONITOR.  WHEN RUNNING, A GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1(C)(II) ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO SPRY FOX, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) SPRY FOX MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Spry Fox in the event that the Game crashes, including system and driver data, and consent to Spry Fox being able to receive this data.

 

    1. LIMITED WARRANTY.
      1. THE SPRY FOX NETWORK, ACCOUNTS, AND THE GAME(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Spry Fox Network and the Game(s) remains with the user.
      2. Notwithstanding the foregoing, Spry Fox warrants up to and including ninety (90) days from the date of your purchase of a license to the Game that the media on which the Game was distributed, if any, shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Spry Fox of proof of purchase of the defective media, Spry Fox will at its option: (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some jurisdictions do not allow the exclusion or limitation of implied warranties so the above limitations may not apply to you.
      3. If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Spry Fox’s option. To submit a warranty claim to Spry Fox, please email support@spryfox.com. The user is responsible for the costs of returning media to Spry Fox.
    2. LIMITATIONS OF LIABILITY.  Spry Fox, its subsidiaries and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Spry Fox Network, Accounts or the Game(s). Spry Fox’s liability shall never exceed the total fees paid by you to Spry Fox during the six (6) months prior to your making a claim against Spry Fox.

 

    1. INDEMNITY. You hereby agree to defend and indemnify Spry Fox against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Spry Fox arising out of or from your use of the Spry Fox Network, Account or the Game(s), any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, and this Agreement. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Spry Fox’s liability shall be limited to the fullest extent permitted by law.

 

    1. EQUITABLE REMEDIES. You agree that Spry Fox would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Spry Fox shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies to Spry Fox will not limit its ability to receive remedies that are otherwise available to Spry Fox under applicable laws.

 

  1. ALTERATIONS.
    1. Alterations to the Agreement.
      1. Spry Fox’s Rights: Spry Fox may create updated versions of this Agreement (each a “New Agreement”) as Spry Fox Network, the Games, and the law evolve.
      2. New Agreements: This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
        1. Acceptance: If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue using the Spry Fox Network, Account or the Game(s) subject to the terms of the New Agreement.
        2. Rejection: If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Spry Fox Network, Accounts or the Game(s).
    2. Alterations to the Spry Fox Network and the Games.  Spry Fox may change, modify, suspend, or discontinue any aspect of the Spry Fox Network, Accounts or the Games at any time, including but not limited to: removing items, changing the hours of availability, or revising the effectiveness of items in an effort to balance a Game. Spry Fox may also impose limits on certain features or restrict your access to parts or all of the Spry Fox Network, Accounts or the Games without notice or liability. The entire risk arising out of the use or performance of the Spry Fox Network, Accounts and the Games remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
  2. TERM AND TERMINATION.
    1. Term.  This Agreement is effective upon your creation of an Account, and shall remain in effect until for a reasonable period of time. In the event that Spry Fox chooses to cease providing the Spry Fox Network, or license to a third party the right to provide the Spry Fox Network, Spry Fox shall provide you with no less than three (3) months prior notice. Neither the Spry Fox Network nor Spry Fox’s agreement to provide access to the Spry Fox Network shall be considered a rental or lease of time on the capacity of Spry Fox’s servers or other technology.
    2. Termination.
      1. You are entitled to terminate this Agreement at any time by notifying Spry Fox by email at support@spryfox.com.
      2. Spry Fox reserves 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, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Spry Fox may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
      3. In the event of a termination of this Agreement, any right to any and all payments you may have made for pre-purchased game access to certain Games are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement, and you will not be able to use the Spry Fox Network to play Games.
  3. DISPUTE RESOLUTION.
    1. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, this Agreement, you and Spry Fox agree to first attempt to negotiate any Dispute (except as set forth in Section 11(D) below) informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Negotiations will begin upon receipt of written notice by the party raising the Dispute. Spry Fox will send its notice to your billing address, if that information is in Spry Fox’s possession, and e-mail you a copy to the e-mail address you have provided to us. You will send your notice to Spry Fox’s Designated Agent via the following email and physical mailing addresses: legal@spryfox.com and Thomas H. Buscaglia, Spry Fox General Counsel, 23133 Vashon Highway SW, Vashon, WA 98070.
    2. If a Dispute cannot be resolved through negotiations, either you or Spry Fox may elect to have the Dispute (except as set forth in Section 11(D) below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Spry Fox’s ability to litigate claims in court and you and Spry Fox each agree to waive your respective rights to a jury trial.
      1. The arbitration shall be commenced and conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are available at the JAMS website ( http://www.jamsadr.com/ ). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
      2. If, for any reason, JAMS is unable to provide the arbitration, you may file your Dispute with any national arbitration company under the Commercial Arbitration Rules of the American Arbitration Association.
      3. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of arbitrability, including where a party raises as a defense to arbitration that the claims in question are subject to one or more Exceptions to Negotiations and Arbitration in Section 11(D), below.
      4. Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Spry Fox can request the stay be lifted upon a showing of prejudice.
      5. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures.
      6. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Spry Fox, and any award of the arbitrator may be entered in any court of competent jurisdiction.
      7. YOU UNDERSTAND THAT RESIDENTS OF THE UNITED STATES (AND POTENTIALLY RESIDENTS OF SOME OTHER JURISDICTIONS) WOULD, ABSENT THIS MANDATORY PROVISION, HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. However, the arbitrator shall shift such fees and costs to ensure that you do not pay significant forum fees. In addition, you shall not be required to pay any type of fee or cost in arbitration that you would not have had to pay had you been free to file your claim in court. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.
    3. You and Spry Fox agree that any arbitration or court proceeding shall be limited to the Dispute between Spry Fox and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
      1. A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND SPRY FOX;
      2. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
      3. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
      4. Any Dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within King County, in the State of Washington, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Spry Fox agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.
    4. You and Spry Fox agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: (1) Any Dispute seeking to enforce or protect, or concerning the validity of, any of Spry Fox’s intellectual property rights; and, any claim within the jurisdictional limits of the small claims courts.
    5. Any arbitration shall be initiated in King County, in the State of Washington, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within King County, in the State of Washington, United States of America, and you and Spry Fox agree to submit to the personal jurisdiction of that court.
  4. GOVERNING LAW.
    1. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Washington, without regard to choice of law principles.
    2. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
    3. If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
    4. Users who access the Spry Fox Network from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
  5. GENERAL.
    1. The Game(s) may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    2. Spry Fox 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 Spry Fox’s prior written consent. Your assignment of this Agreement without Spry Fox’s prior written consent shall be void.
    3. Spry Fox’s 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. Spry Fox may choose to waive a provision of this Agreement in regards to a particular instance; however, you are still obligated to comply with that waived provision in the future.
    4. Notices:
      1. If to Spry Fox. All notices given by you under this Agreement shall be in writing and addressed to Spry Fox’s Designated Agent via the following email and physical mailing addresses:
        • legal@spryfox.com
        • Thomas H. Buscaglia, Spry Fox General Counsel, 23133 Vashon Highway SW, Vashon, WA 98070
      2. If to You. All notices given by Spry Fox under this Agreement shall be given to you either through written notice, email, or website blog post. The form and instance in which Spry Fox may notify you is specified in our Privacy Policy, which can be reviewed at http://spryfox.com/spry-fox-network-privacy-policy/.
    5. Spry Fox shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Spry Fox, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
    6. 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.
    7. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. The provisions of Sections 2, 5, 6, 7, 8, 11, 12, and 13 shall survive termination of this Agreement for any reason.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE GAME IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.