REFRACT STUDIOS, LLC (“Refract”)
END USER LICENSE AGREEMENT
Updated: March 3rd, 2017.
This End User License Agreement (“Agreement”) replaces the previous terms and retroactively govern your use of Refract’s products, services and games (collectively, “Services”). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING SERVICES. BY CLICKING THE “I ACCEPT” BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THROUGH THE TERMS AND CONDITIONS HEREIN AND AGREE TO BE BOUND BY THE SAME.
PLEASE NOTE: IF YOU ARE UNDER AGE 13, OR EQUIVALENT MINIMUM AGE IN YOUR JURISDICTION YOU MUST OBTAIN YOUR PARENT'S OR GUARDIAN'S CONSENT PRIOR TO ACCESSING AND USING SERVICES. IF YOU ARE UNDER AGE 13, PLEASE HAVE YOUR PARENT OR GUARDIAN COMPLETE AUTHORIZATION FORM BY CONTACTING REFRACT AT: TEAM@REFRACT.COM.
1. SERVICES. Services may be offered through compatible platforms like Valve Corporation’s (“Steam”) community, PS4 and/or any other platform that Refract in its sole discretion may designate from time to time. Accordingly, you may need to maintain an active account with these platform owners (which are subject to separate terms and conditions). Please visit survivethedistance.com for a list of platforms that are compatible for use with Services.
2. LICENSE. Subject to your compliance with this Agreement, Refract grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Services as permitted by the terms of this Agreement. Refract reserves all rights not expressly granted herein.
3. RESTRICTIONS/CODE OF CONDUCT. You agree not to do any of the following:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
· Use Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
· Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other Service users from using and enjoying Services.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Rent, lease or lend Services.
· Create any similar service based on your use of Services.
REFRACT RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF SERVICES (IN ITS SOLE DISCRETION) IF REFRACT DETERMINES YOU HAVE VIOLATED THIS SECTION 3 OR ANY OTHER PROVISION OF THIS AGREEMENT.
4. CONTENT. “Content” means any materials, content, images, game level creation, game add-ons and other related content you previously created or will create when using Services. You understand that Refract may monitor your use of Content and Services for the purposes of evaluating your interaction with certain features and functions so that enhancements can be made to the same. You hereby grant Refract a worldwide, exclusive, royalty-free, sub-licensable and transferable license to: (i) use, reproduce, distribute, display and perform your Content, in connection with promoting and providing Services; (ii) modify, enhance and create derivative works based upon your Content and otherwise make Content available for use by other Service users and/or (iii) monitor your interaction with other users of Refract Services and collect trend and usage statistics, including, without limitation, on how often different features of Services are used (collectively, “Analytical Information”). For the avoidance of doubt, you understand that Refract may collect and use your Content in an anonymized, aggregated form to provide, operate, manage, maintain, and enhance Services. In no event will Refract maintain any personal identifiable information longer than needed. For more information please review Refract’s Privacy Policy located at http://refractstudios.com/privacypolicy.
5. THIRD PARTY SERVICES. Refract does not provide you with access to the Internet, or the hardware and/or equipment necessary to access and use Services. You are responsible for fees associated with the Internet, hardware, platform access and other related services (“Third-Party Components”) needed to access and use Services. Some Third-Party Component owners may collect data or solicit personal information from you. Refract does not own or control any Third Party Component and is not responsible for their actions or requirements. Please read the terms and conditions and privacy policies associated with the use of Third-Party Components.
6. REFRACT’S PROPRIETARY RIGHTS. All logos, trademarks, buttons icons, images, text and graphics of Refract used in connection with Services (collectively referred to as “Refract Content”) are protected under U.S. copyright laws, international treaties and are exclusively owned and controlled by Refract. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF REFRACT CONTENT IS PROHIBITED.
7. HIGH RISK USE PROHIBITED. Services are not designed to be used in high risk or dangerous environments and should only be used in safe locations that you are familiar with. USE OF SERVICES IS DONE AT YOUR OWN RISK AND YOU AGREE THAT REFRACT SHALL NOT BE HELD LIABLE FOR ANY PHYSICAL OR OTHER HARM THAT YOU OR OTHERS SUSTAIN IN CONNECTION WITH YOUR USE OF SERVICES.
8. HEALTH WARNING. You may experience seizures when exposed to certain light patterns, flashing lights or backgrounds when using Services. Additionally, use of Services may cause dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. IMMEDIATELY discontinue use of Services and consult your physician if you experience any of the abovementioned symptoms. Please also review the notices associated with the applicable Thirds-Party Components used along with Services.
9. DISCLAIMER OF WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU UNDERSTAND AND AGREE THAT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REFRACT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY OF SERVICES OR THE CONTENT YOU OR OTHER SERVICE USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SERVICE USERS. REFRACT DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE REFRACT FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OFFERING BY OTHER SERVICE USERS, ANY ACTION OR INACTION BY OTHER SERVICE USERS, INCLUDING OTHER SERVICE USERS’ FAILURES TO COMPLY WITH THE TERMS OF THIS AGREEMENT. THE FUNCTIONS AND FEATURES OF SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. REFRACT DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF SERVICES.
10. LIMITATION OF LIABILITY. REFRACT, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, SERVICES, EVEN IF REFRACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
11. INDEMNIFICATION. You shall indemnify, defend and hold Refract and Refract’s officers, directors, shareholders and agents harmless for any and all loss cost, disputes, demands claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of this Agreement; (ii) your use or misuse of Services; (iii) use of your Content or (iv) your use or misuse of Third-Party Components.
12. TERM AND EFFECT OF TERMINATION. The term of this Agreement shall commence on the day you first click “I accept” and continue until either Refract terminates this Agreement and/or you decided to stop using Services. The following provisions shall survive termination of this Agreement: 3, 4, 9, 10, 11, 12, 13 and 17.
13. CHOICE OF LAW AND VENUE. This Agreement, your access and use of Services and the relationship between you and Refract are governed by the laws of the State of Washington, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts of the State of Washington.
14. CHANGES TO THIS AGREEMENT OR SERVICES. Refract may modify any term of this Agreement at any time and we encourage you to carefully review them each time you access and use Services. Services and the requirements associated with your use of Services may change over time and from time to time, and you understand that Refract may change or discontinue all or any part of any Service at any time and without notice.
15. PRIVACY. PLEASE REVIEW REFRACT’S PRIVACY POLICY FOR INFORMATION RELATING TO THE COLLECTION AND USE OF YOUR INFORMATION AT http://refractstudios.com/privacypolicy.
16. MINORS. Refract’s Privacy Policy applies to your access and use of Services and describes Refract’s practices and policies related to the collection, use and storage of information about Service users. Refract’s privacy practices are consistent with the Children’s Online Privacy Protection Act (“COPPA”) and Refract will not knowingly request or collect personal information from any child under the age of majority. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under this Agreement. .
17. DISPUTE RESOLUTION. You expressly acknowledge and agree that the sole and exclusive forum for resolving any controversy or claim arising out of or relating to this Agreement, or otherwise relating to any rights in, access to or use of, Services shall be binding arbitration, under the American Arbitration Association (“AAA”) commercial arbitration rules, then in effect. You also agree that the AAA optional rules for emergency measures of protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that this provision is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S RULES ALLOW FOR SUCH ACTIONS.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS REGARDING COPYRIGHT INFRINGEMENT. If you believe that your Content has been copied by another Service user in a way that constitutes copyright infringement under the Digital Millennium Copyright Act, please email Refract at team@refract.com with the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the site;
· your 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
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
19. REFRACT CONTACT INFORMATION. If you have any questions or concerns, please contact us at: Refract Studios, LLC, 1191 2nd Ave #1800 Seattle, WA 98101, (971) 251-0353, team@refract.com.