Terms Watch

Important: Please read this End User License Agreement (EULA) carefully before continuing to use this game.

This EULA contains(the "Agreement") applies to the game and related services provided by Upstairs Games LTD ("Upstairs Games").

NOTICE TO PURCHASERS: Your purchase of the Service provides you with a license to use the Service under the terms of this Agreement, it is not a transfer of ownership. When you "buy" or "purchase" the Service, you are acquiring a license to use the Service according to these terms.

Eligibility: This Agreement is a legally binding arbitration clause and class action waiver. This EULA (the "Agreement") applies to the game provided bydocument between Upstairs Games LTD (Upstairs Games).

NOTICE TO PURCHASERS: Your purchase of the Service provides you withand an adult natural person. For persons under 18 years of age (or who are otherwise considered minors under the law of their place of residence), the consent of a license toparent or legal guardian is required to accept this Agreement and use the Service under the terms of this Agreement - it is not a transfer of ownership. When you "buy" or "purchase" the Service, you are acquiring a license to use the Service according to these terms. The full terms and conditions of this license are detailed below.Service.


By continuing to use the Service, you agree as follows:that:

• You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
  
• You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions inof this Agreement as it may be amended by Upstairs Games from time to time;Agreement; and
  
• You understand, accept, and have received and can access this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.terms.

If you do not agree with the terms and conditions inof this Agreement, please discontinue all further use of the Service.


Upstairs Games grants you a single, non-exclusive, non-transferable andnon-transferable, limited personal license to access and use the Service for private, non-commercial purposes. This license is conditioned on your continued compliance with this Agreement.

You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service, except that purchasers of a physical boxed copy (CD/DVD without an activation key) may resell that physical copy to another natural person. If you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from that device beforehand.

You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof, except to the extent any such restriction is prohibited by applicable law or permitted by the licensing terms governing any open-source components included with the Service. This license

You may not: (i) use the Service for commercial purposes (e.g., lending, leasing, commercial publication, pay-per-play, coin-op); (ii) use the Service in a way that violates the rights of Upstairs Games, third parties, or other users; (iii) interfere with the Service or connected network systems (e.g., attempts to gain unauthorized access, use of malware, cheating); (iv) use the Service contrary to applicable law; or (v) modify or remove copyright and proprietary rights notices.

If the Service is conditioned on your continued compliance with the terms and conditions in this Agreement.provided to you for a limited period or number of uses (e.g., a trial), you may not use it beyond the expiration of that period. You acknowledge that the Service may not rent lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempte to derive the srourcecontain code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).designed to enforce these limits.


Even though you may have purchased or licensed the Service through a third-party platform (each, a "Third-Party Platform"), none of the Third-Party Platforms or their owners are a partynot parties to this Agreement and they have no obligations to you under it. Each Third-Party Platform may have its own separate terms that you must agree to in connection withorder to access and use the Service. Each Third-Party Platform may have their own separate terms that you must agree to in order to access and use the Service. Additionally, nothing in this Agreement purports to govern or change, in any way, your relationship with any of the Third-Party Platforms under the applicable Third-Party Platform agreements with you, including any Terms of Use, EULA, or any other agreement under which a Third-Party Platform grants users the right to install and use any game.


Subject to your compliance with this Agreement, Upstairs Games grants you a limited, revocablenon-exclusive license to create videos, streams, screenshots, fan art, and other content ("Creator Content") usingbased on the Service for sharing on video platforms and social media, provided that:media. You may monetize Creator Content through standard platform features (such as advertisements, subscriptions, channel memberships, or platform tipping).

Creator Content must:

• Creator Content must be freely accessible to viewers (though you may monetize through standard platform features like advertisements or subscriptions)Comply with this Agreement and all applicable laws;
  
• Creator Content must include appropriate attribution toNot falsely imply endorsement by or official affiliation with Upstairs Games and the ServiceGames;
  
• Creator Content must comply with this Agreement and all applicable laws
  
• Creator Content must not imply any endorsement by or affiliation with Upstairs Games
  
• Creator Content must notNot contain unauthorized third-party intellectual property
  
• Upstairs Games reserves the right to revoke this license at any time, with or without cause, by providing notice to you. Upon such notice, you must cease distribution of any Creator Content that includes Service content.property.

Upstairs Games may terminate this content license only for cause, for example, if specific Creator Content violates this Agreement, infringes third-party rights, or violates applicable law. In that case, the termination applies to the specific infringing Creator Content. Upstairs Games will not require removal of Creator Content created in good faith under this section absent such cause.


Upstairs Games may offer beta or other pre-release/non-finalpre-release versions of the Service (each, a "Beta") for testing or preview purposes. By participating in a Beta, you acknowledge and agree to the Beta Tester Agreement, found here:available at Beta Tester Agreement, which is incorporated into this Agreement by reference.


Upstairs Games may, in its sole discretion,may provide you with customer and technical support services related to the Service ("Support Services"). Any supplemental software code provided as part of Support Services will be treated as part of the Service and subject to this Agreement.

Upstairs Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services willcustomer support may be a default of Upstairs Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Upstairs Games will be and remain the sole property of Upstairs Games and will be subject to the terms and conditions of this Agreement.

Upstairs Games customer support may be reached by contacting us at [email protected]. None of the Third-Party Platforms or their owners have anyno obligation whatsoever, under any circumstances, to provide Support Services with respect tofor the Service. You agree that you will look solely to Upstairs Games in connection with Support Services.

Upstairs Games reserves the right tomay modify or discontinue, temporarily or permanently, the Service (or any part of the Service)from time to time, including by releasing patches and updates intended to maintain or improve quality. Where Upstairs Games intends to materially modify or discontinue the Service, it will provide users with or without noticereasonable advance notice, at any time. You agreeleast 30 days where practicable, via in-game notification or email.

If the Service is permanently discontinued, Upstairs Games will use reasonable efforts to offer affected users one or more of the following, depending on circumstances: a refund or partial refund, continued offline access where technically feasible, or an alternative comparable Service. This does not apply to discontinuation required by law, ruling, or act of a competent public authority.

Upstairs Games may monitor use of the Service to determine compliance with this Agreement, and may edit, refuse to post, or remove user-submitted content that Upstairs Games will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Upstairs Games reserves the right to monitor use of the Service to determine compliance with

violates this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.Agreement.


The Service is owned by Upstairs Games and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, servicesservice marks, trade names, logos, and icons are proprietary to Upstairs Games or are used under license from a third party.license. Nothing contained in the Service should be seengrants any right to use any trademark without the written permission of Upstairs Games or the relevant rights holder, except as granting any license or right to use any trademark displayedexpressly provided in the Service without the written permission of Upstairs Games or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.

Intellectual property displayed through the Service is either the property of, or used with permission by, Upstairs Games. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.Agreement (including Section 4).


If you create content using the Service that you make available to Upstairs Games or other users ("User Content"), for example, messages, links, screenshots, or gameplay recordings - that content must not be unlawful, defamatory, threatening, pornographic, harassing, hateful, or otherwise prohibited under this Agreement or applicable law. You must have all necessary rights and consents to create and share the User Content.

By making User Content publicly available through the Service, you grant Upstairs Games a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, and modify the User Content in connection with the Service and Upstairs Games' marketing of the Service. This license is granted for the duration permitted by applicable law; where applicable law requires a defined term, the license is granted for a renewable five-year period.


Your use of theThe Service is entirelyprovided on an "as-is" basis to the maximum extent permitted by applicable law. Upstairs Games warrants that the Service will substantially conform to its published description at the time of purchase. If the Service fails to substantially conform, your own risk.

The Serviceremedy is provided bya refund in accordance with the refund policy of the platform through which you purchased the Service, or directly from Upstairs Games on an as-is basis.where the purchase was made directly.

Except for the foregoing warranty and any warranties that cannot be excluded under applicable law (including mandatory consumer protection laws in your jurisdiction), Upstairs Games expressly disclaims all other warranties, whether express or implied, including implied warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purposepurpose, and non-infringement.

Upstairs Games makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.

No advice or information, whether oral or written, obtained by you from Upstairs Games, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.

To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.


You expressly understand and agreeTo the maximum extent permitted by applicable law, and except for liability that neithercannot be excluded under applicable law (including liability for death, personal injury, gross negligence, willful misconduct, or fraud), the total aggregate liability of Upstairs Games nor any Third-Party Platformarising out of or related to this Agreement or the Service is liablelimited to the greater of: (a) the amount you paid to Upstairs Games for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Upstairs Games or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.

You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world,twelve months preceding the event giving rise to the claim, or (b) USD $50.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject tothose jurisdictions, the limitations set forth in this Agreement and may be brought only against Upstairs Games, as described in Sections 11 and 12 below.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Upstairs Games and its affiliates will be limitedabove apply to the fullest extent permitted by law.


You agree to indemnify and hold Upstairs Games and its affiliates, officers, agents, and employees harmless from any third-party claim, demand, loss, costs, or expense, includingcost, or expense (including reasonable attorneys' fees, made by any person or entityfees) arising out of your violation of this Agreement, state or federal laws or regulations, or any other person's rights, including infringement of any copyright orAgreement or your violation of any proprietary or privacy right. Under no circumstances willapplicable law or third-party rights through your use of the Service.

This indemnification does not extend to claims arising out of Upstairs Games or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service, including any liability based on Upstairs Games' negligent acts.own negligence, willful misconduct, or violation of law.


Certain personal and otherPersonal information that we collect, process, and shareUpstairs Games collects, processes, and shares is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is locatedavailable at Privacy Policy. You agree that, which is incorporated here by reference.

Upstairs Games may collect anonymous statistical data about device technical information, game performance (such as crashes), and gameplay or storyline decisions made within games. Where such statistical data is collected, you will be presented with an option to opt out. Statistical data is not associated with personal data.

Where Upstairs Games processes personal data subject to the General Data Protection Regulation (GDPR) or equivalent applicable law, you have the rights set out in the Privacy Policy, including the right to access, rectify, erase, restrict processing of, and port your use of thedata, and to lodge a complaint with the relevant data protection authority.

14. Localization

The Service is subject to the Privacy Policy.may be localized to comply with applicable law or cultural standards of your place of residence, or with platform requirements. The Service's content (including storyline, items, and in-game advertisements) may therefore vary by region or platform.


Upstairs Games reserves the right tomay disclose information, including personally identifiable information, as necessary to comply with applicable law, regulation, legal process, or governmental request, in accordance with the Privacy Policy and applicable data protection law. This Section does not waive any information, including personally identifiable information about you, as necessary to satisfy anyrights you have under applicable law, regulation, legal process, or governmental request. Upstairs Games reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Upstairs Games to disclose the identity of any user believed to be in violation of this Agreement.

By accepting this Agreement, you waive all rights and agree to hold Upstairs Games harmless from any claims resulting from any action taken by Upstairs Games during or because of its investigations or from any actions taken as a consequence of investigations by either Upstairs Games or law enforcement authorities.data protection or consumer law.


You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.


TheThis Agreement is governed by the laws of Israel, without regard to its conflict-of-laws provisions. Application of mandatory consumer-protection laws of your country of residence is not affected by this choice of law.

Disputes will be resolved by the competent courts of Rehovot, Israel, except that consumers may, where required by applicable law, bring proceedings in the courts of their country of residence.

For EU users: In the event of a dispute relating to this Agreement, and all future agreements you enter into with Upstairs Games, unless otherwise indicated on such other agreement, willan amicable solution may be governedsought before any legal action by the laws of the Israel. This is the case regardless of whether you reside or transact business with Upstairs Games, or any of its affiliates or agents, in Israel or elsewhere. Unless a dispute would be governed by the terms of Section 16 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Rehovot, Israel.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement,sending an amicable solution can be sought before any legal action. You can file your complaint with Upstiars Games by sending a message via email to [email protected]. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaintIf that fails, EU consumers may contact a national alternative dispute resolution (ADR) body in their country of residence. A list of certified consumer dispute resolution bodies in the EU Member States, Norway, and Iceland is available on the European Commission's Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguageConsumer Redress portal at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies. Upstairs Games is not obliged to, and does not commit in advance to, participate in proceedings before any specific consumer arbitration board, but will consider participation in good faith on a case-by-case basis. If out-of-court resolution fails or is declined, the dispute resolutions fail, the dispute may be brought before the competent courts.

16. Binding Arbitration

THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

Any dispute or claim relating in any way to your use of the Service (each, a "Claim") will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.

YOU AND UPSTAIRS GAMES AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would.

To start an arbitration, you must send an email to [email protected] describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Rehovot, Israel unless the Parties agree to video, phone, or internet connection appearances.

Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Upstairs Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given (including any attorneys' fees and costs awarded), and the arbitrator's findings and conclusions on which the arbitrator's decision is based.

Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND UPSTAIRS GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.


a. Agreement Revisions. This Agreement may be revised by Upstairs Games only for valid organizational, legal, or technical reasons (for example, changes in law, changes to the Service, or security improvements). Users will be revised in writingnotified of changes by Upstairs Games,in-game notification or by Upstairs Games' publication ofemail with the new version of the Agreement attached. Amendments will take effect no less than 14 days after delivery of the amended Agreement, unless a new version onshorter period is required by applicable law, ruling, or act of a competent public authority. If you do not agree to the amended terms, you may discontinue use of the Service.

b. Force Majeure. Upstairs Games is not liable for any delay or failure to perform resulting from causes outside theits reasonable control of Upstairs Games,control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Upstairs Games' control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities,transportation, fuel, energy, labor, or materials.

c. No Partnership. You agree that noNo joint venture, partnership, employment, or agency relationship exists between you and Upstairs Games becauseas a result of this Agreement or your use of the Service.Agreement.

d. Assignment. Upstairs Games may assign this Agreement,Agreement to a successor in whole orinterest (for example, in part, toa merger, acquisition, or sale of substantially all assets), and will notify users of any person or entity at any time with orsuch assignment. You may not assign this Agreement without yourUpstairs Games' prior written consent. You may not assign the Agreement without Upstairs Games' prior written consent, and any unauthorized assignment by you will be null and void.

e. Severability. If any part of this Agreement is determined to be void, invalidinvalid, or unenforceable, then that portion will be severed,severed or reformed to the minimum extent necessary, and the remainder of the Agreement will be givenremain in full force and effect.

f. Attorneys' Fees.No Waiver. In the eventUpstairs Games' failure to enforce any litigationprovision of this Agreement is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.not a waiver of that provision or of any future obligation to comply.

g. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

h. Equitable Remedies. You hereby agree that Upstairs Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

i. Entire Agreement. This Agreement, includingtogether with the documents expressly incorporated by reference,reference (including the Privacy Policy and Beta Tester Agreement), constitutes the entire agreement between you and Upstairs Games with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written,communications between you and Upstairs Games with respect to the Service.

                <div class="bb_h1">End User License Agreement (EULA)</div><br><b>Important:</b> Please read this End User License Agreement (EULA) carefully before continuing to use this game.<br><br>This EULA 
                contains
                (the "Agreement") applies to the game and related services provided by Upstairs Games LTD ("Upstairs Games").<br><br><b>NOTICE TO PURCHASERS:</b> Your purchase of the Service provides you with
                 a 
                license to use the Service under the terms of this Agreement, it is not a transfer of ownership. When you "buy" or "purchase" the Service, you are acquiring a license to use the Service according to these terms.<br><br><b>Eligibility:</b> This Agreement is a legally 
                binding 
                arbitration clause and class action waiver. This EULA (the "Agreement") applies to the game provided by
                document between
                 Upstairs Games 
                LTD (Upstairs Games).<br><br>NOTICE TO PURCHASERS: Your purchase of the Service provides you with
                and an adult natural person. For persons under 18 years of age (or who are otherwise considered minors under the law of their place of residence), the consent of
                 a 
                license to
                parent or legal guardian is required to accept this Agreement and
                 use the 
                Service under the terms of this Agreement - it is not a transfer of ownership. When you "buy" or "purchase" the Service, you are acquiring a license to use the Service according to these terms. The full terms and conditions of this license are detailed below.
                Service.
                <br><br><div class="bb_h2">1. Acceptance of Terms</div><br>By continuing to use the Service, you agree 
                as follows:
                that:
                <br><br><ul class="bb_ul"><li>You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;<br></li><li>You will use the Service in accordance with applicable laws and regulations and 
                in accordance with 
                the terms 
                and conditions in
                of
                 this 
                Agreement as it may be amended by Upstairs Games from time to time;
                Agreement;
                 and<br></li><li>You 
                understand, accept, and 
                have received 
                and can access 
                this Agreement and its 
                terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
                terms.
                </li></ul><br>If you do not agree with the terms 
                and conditions in
                of
                 this Agreement, please discontinue all further use of the Service.<br><br><div class="bb_h2">2. Upstairs Games' License to You</div><br>Upstairs Games grants you a 
                single, 
                non-exclusive, 
                non-transferable and
                non-transferable,
                 limited personal license to access and use the 
                Service for private, non-commercial purposes. This license is conditioned on your continued compliance with this Agreement.<br><br>You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service, except that purchasers of a physical boxed copy (CD/DVD without an activation key) may resell that physical copy to another natural person. If you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from that device beforehand.<br><br>You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof, except to the extent any such restriction is prohibited by applicable law or permitted by the licensing terms governing any open-source components included with the 
                Service.
                 This license
                <br><br>You may not: (i) use the Service for commercial purposes (e.g., lending, leasing, commercial publication, pay-per-play, coin-op); (ii) use the Service in a way that violates the rights of Upstairs Games, third parties, or other users; (iii) interfere with the Service or connected network systems (e.g., attempts to gain unauthorized access, use of malware, cheating); (iv) use the Service contrary to applicable law; or (v) modify or remove copyright and proprietary rights notices.<br><br>If the Service
                 is 
                conditioned on your continued compliance with the terms and conditions in this Agreement.
                provided to you for a limited period or number of uses (e.g., a trial), you may not use it beyond the expiration of that period.
                 You 
                acknowledge that the Service 
                may 
                not rent lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempte to derive the srource
                contain
                 code 
                of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
                designed to enforce these limits.
                <br><br><div class="bb_h2">3. Third-Party Platforms</div><br>Even though you may have purchased or licensed the Service through a third-party platform (each, a "Third-Party Platform"), 
                none of 
                the Third-Party Platforms 
                or their owners 
                are 
                a party
                not parties
                 to this Agreement and 
                they 
                have no obligations to you 
                under it. Each Third-Party Platform may have its own separate terms that you must agree to 
                in 
                connection with
                order to access and use
                 the Service.
                 Each Third-Party Platform may have their own separate terms that you must agree to in order to access and use the Service. Additionally, nothing in this Agreement purports to govern or change, in any way, your relationship with any of the Third-Party Platforms under the applicable Third-Party Platform agreements with you, including any Terms of Use, EULA, or any other agreement under which a Third-Party Platform grants users the right to install and use any game.
                <br><br><div class="bb_h2">4. Streaming and Content Creation</div><br>Subject to your compliance with this Agreement, Upstairs Games grants you a 
                limited, revocable
                non-exclusive
                 license to create videos, streams, screenshots, 
                fan art, 
                and other content ("Creator Content") 
                using
                based on
                 the Service for sharing on video platforms and social 
                media, provided that:
                media. You may monetize Creator Content through standard platform features (such as advertisements, subscriptions, channel memberships, or platform tipping).<br><br>Creator Content must:
                <br><br><ul class="bb_ul"><li>
                Creator Content must be freely accessible to viewers (though you may monetize through standard platform features like advertisements or subscriptions)
                Comply with this Agreement and all applicable laws;
                <br></li><li>
                Creator Content must include appropriate attribution to
                Not falsely imply endorsement by or official affiliation with
                 Upstairs 
                Games and the Service
                Games;
                <br></li><li>
                Creator Content must comply with this Agreement and all applicable laws<br></li><li>Creator Content must not imply any endorsement by or affiliation with Upstairs Games<br></li><li>Creator Content must not
                Not
                 contain unauthorized third-party intellectual 
                property<br></li><li>Upstairs Games reserves the right to revoke this license at any time, with or without cause, by providing notice to you. Upon such notice, you must cease distribution of any Creator Content that includes Service content.
                property.
                </li></ul><br>
                Upstairs Games may terminate this content license only for cause, for example, if specific Creator Content violates this Agreement, infringes third-party rights, or violates applicable law. In that case, the termination applies to the specific infringing Creator Content. Upstairs Games will not require removal of Creator Content created in good faith under this section absent such cause.<br><br>
                <div class="bb_h2">5. Beta Testing</div><br>Upstairs Games may offer beta or 
                other pre-release/non-final
                pre-release
                 versions of the Service (each, a "Beta") for testing or preview purposes. By participating in a Beta, you 
                acknowledge and 
                agree to the Beta Tester Agreement, 
                found here:
                available at
                 <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.upstairsgames.com%2Flegal%2Fbeta-tester-agreement" target="_blank" rel=" noopener">Beta Tester Agreement</a>, which is incorporated into this Agreement by reference.<br><br><div class="bb_h2">6. Support Services</div><br>Upstairs Games 
                may, in its sole discretion,
                may
                 provide 
                you with 
                customer and technical support services related to the Service ("Support Services"). 
                Any supplemental software code provided as part of Support Services will be treated as part of the Service and subject to this Agreement.<br><br>
                Upstairs Games 
                is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will
                customer support may
                 be 
                a default of Upstairs Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Upstairs Games will be and remain the sole property of Upstairs Games and will be subject to the terms and conditions of this Agreement.<br><br>Upstairs Games customer support may be 
                reached
                 by contacting us
                 at <a href="mailto:[email protected]">[email protected]</a>. 
                None of the 
                Third-Party Platforms 
                or their owners 
                have 
                any
                no
                 obligation 
                whatsoever, under any circumstances, 
                to provide Support Services 
                with respect to
                for
                 the Service.
                 You agree that you will look solely to Upstairs Games in connection with Support Services.
                <br><br><div class="bb_h2">7. Modification, 
                Termination,
                Continuity,
                 and Monitoring of the Service</div><br>
                <ul class="bb_ul"><li>
                Upstairs Games 
                reserves the right to
                may
                 modify 
                or discontinue, temporarily or permanently, 
                the Service 
                (or any part of the Service)
                from time to time, including by releasing patches and updates intended to maintain or improve quality. Where Upstairs Games intends to materially modify or discontinue the Service, it will provide users
                 with 
                or without notice
                reasonable advance notice,
                 at 
                any time. You agree
                least 30 days where practicable, via in-game notification or email.<br><br>If the Service is permanently discontinued, Upstairs Games will use reasonable efforts to offer affected users one or more of the following, depending on circumstances: a refund or partial refund, continued offline access where technically feasible, or an alternative comparable Service. This does not apply to discontinuation required by law, ruling, or act of a competent public authority.<br><br>Upstairs Games may monitor use of the Service to determine compliance with this Agreement, and may edit, refuse to post, or remove user-submitted content
                 that 
                Upstairs Games will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.<br></li><li>Upstairs Games reserves the right to monitor use of the Service to determine compliance with
                violates
                 this 
                Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.</li></ul>
                Agreement.<br>
                <br><div class="bb_h2">8. Trademarks and Copyrights</div><br>The Service is owned by Upstairs Games and is protected by 
                United States 
                copyright laws and international treaty provisions. All Service content, trademarks, 
                services
                service
                 marks, trade names, logos, and icons are proprietary to Upstairs Games or 
                are 
                used under 
                license from a third party.
                license.
                 Nothing 
                contained 
                in the Service 
                should be seen
                grants any right to use any trademark without the written permission of Upstairs Games or the relevant rights holder, except
                 as 
                granting any license or right to use any trademark displayed
                expressly provided
                 in 
                the Service without the written permission of Upstairs Games or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in 
                this 
                Agreement, is strictly prohibited.<br><br>Intellectual property displayed through the Service is either the property of, or used with permission by, Upstairs Games. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
                Agreement (including Section 4).
                <br><br><div class="bb_h2">9. 
                User-Generated Content</div><br>If you create content using the Service that you make available to Upstairs Games or other users ("User Content"), for example, messages, links, screenshots, or gameplay recordings - that content must not be unlawful, defamatory, threatening, pornographic, harassing, hateful, or otherwise prohibited under this Agreement or applicable law. You must have all necessary rights and consents to create and share the User Content.<br><br>By making User Content publicly available through the Service, you grant Upstairs Games a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, and modify the User Content in connection with the Service and Upstairs Games' marketing of the Service. This license is granted for the duration permitted by applicable law; where applicable law requires a defined term, the license is granted for a renewable five-year period.<br><br><div class="bb_h2">10. 
                Disclaimer of Warranties</div><br>
                Your use of the
                The
                 Service is 
                entirely
                provided on an "as-is" basis to the maximum extent permitted by applicable law. Upstairs Games warrants that the Service will substantially conform to its published description
                 at 
                the time of purchase. If the Service fails to substantially conform, 
                your 
                own risk.<br><br>The Service
                remedy
                 is 
                provided by
                a refund in accordance with the refund policy of the platform through which you purchased the Service, or directly from
                 Upstairs Games 
                on an as-is basis.
                where the purchase was made directly.<br><br>Except for the foregoing warranty and any warranties that cannot be excluded under applicable law (including mandatory consumer protection laws in your jurisdiction),
                 Upstairs Games 
                expressly 
                disclaims all 
                other warranties, whether express or implied, including implied 
                warranties of 
                any kind, whether express or implied, including, but not limited to the implied warranties of 
                merchantability, fitness for a particular 
                purpose
                purpose,
                 and non-infringement.<br><br>
                Upstairs Games makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.<br><br>No advice or information, whether oral or written, obtained by you from Upstairs Games, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.<br><br>To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.<br><br>Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.<br><br>
                <div class="bb_h2">
                10.
                11.
                 Limitation of Liability</div><br>
                You expressly understand and agree
                To the maximum extent permitted by applicable law, and except for liability
                 that 
                neither
                cannot be excluded under applicable law (including liability for death, personal injury, gross negligence, willful misconduct, or fraud), the total aggregate liability of
                 Upstairs Games 
                nor any Third-Party Platform
                arising out of or related to this Agreement or the Service
                 is 
                liable
                limited to the greater of: (a) the amount you paid to Upstairs Games
                 for 
                any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Upstairs Games or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use 
                the Service 
                or any other matter relating to the Service.<br><br>You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere 
                in the 
                world,
                twelve months preceding the event giving rise to the claim, or (b) USD $50.<br><br>Some jurisdictions do not allow the exclusion or limitation of certain damages;
                 in 
                connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to
                those jurisdictions,
                 the limitations 
                set forth in this Agreement and may be brought only against Upstairs Games, as described in Sections 11 and 12 below.<br><br>Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Upstairs Games and its affiliates will be limited
                above apply
                 to the fullest extent permitted by law.<br><br><div class="bb_h2">
                11.
                12.
                 Indemnification</div><br>You agree to indemnify and hold Upstairs Games and its affiliates, officers, agents, and employees harmless from any 
                third-party 
                claim, demand, loss, 
                costs, or expense, including
                cost, or expense (including reasonable
                 attorneys' 
                fees, made by any person or entity
                fees)
                 arising out of your violation of this 
                Agreement, state or federal laws or regulations, or any other person's rights, including infringement of any copyright or
                Agreement or your
                 violation of 
                any proprietary or privacy right. Under no circumstances will
                applicable law or third-party rights through your use of the Service.<br><br>This indemnification does not extend to claims arising out of
                 Upstairs 
                Games or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service, including any liability based on Upstairs 
                Games' 
                negligent acts.
                own negligence, willful misconduct, or violation of law.
                <br><br><div class="bb_h2">
                12.
                13.
                 Your Personal Information</div><br>
                Certain personal and other
                Personal
                 information that 
                we collect, process, and share
                Upstairs Games collects, processes, and shares
                 is subject to our Privacy 
                Policy. As a condition of using the Service you agree to the terms of the Privacy 
                Policy, 
                as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located
                available
                 at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.upstairsgames.com%2Flegal%2Fprivacy-policy" target="_blank" rel=" noopener">Privacy Policy</a>
                . You agree that
                , which is incorporated here by reference.<br><br>Upstairs Games may collect anonymous statistical data about device technical information, game performance (such as crashes), and gameplay or storyline decisions made within games. Where such statistical data is collected, you will be presented with an option to opt out. Statistical data is not associated with personal data.<br><br>Where Upstairs Games processes personal data subject to the General Data Protection Regulation (GDPR) or equivalent applicable law, you have the rights set out in the Privacy Policy, including the right to access, rectify, erase, restrict processing of, and port
                 your 
                use of the
                data, and to lodge a complaint with the relevant data protection authority.<br><br><div class="bb_h2">14. Localization</div><br>The
                 Service 
                is subject to the Privacy Policy.
                may be localized to comply with applicable law or cultural standards of your place of residence, or with platform requirements. The Service's content (including storyline, items, and in-game advertisements) may therefore vary by region or platform.
                <br><br><div class="bb_h2">
                13.
                15.
                 Disclosures Required by Law</div><br>Upstairs Games 
                reserves the right to
                may
                 disclose 
                information, including personally identifiable information, as necessary to comply with applicable law, regulation, legal process, or governmental request, in accordance with the Privacy Policy and applicable data protection law. This Section does not waive 
                any 
                information, including personally identifiable information about you, as necessary to satisfy any
                rights you have under
                 applicable 
                law, regulation, legal process, or governmental request. Upstairs Games reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Upstairs Games to disclose the identity of any user believed to be in violation of this Agreement.<br><br>By accepting this Agreement, you waive all rights and agree to hold Upstairs Games harmless from any claims resulting from any action taken by Upstairs Games during or because of its investigations or from any actions taken as a consequence of investigations by either Upstairs Games or law enforcement authorities.
                data protection or consumer law.
                <br><br><div class="bb_h2">
                14. Third-Party Beneficiary</div><br>You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.<br><br><div class="bb_h2">15.
                16.
                 Governing 
                Law, Mediation,
                Law
                 and Jurisdiction</div><br>
                The
                This Agreement is governed by the laws of Israel, without regard to its conflict-of-laws provisions. Application of mandatory consumer-protection laws of your country of residence is not affected by this choice of law.<br><br>Disputes will be resolved by the competent courts of Rehovot, Israel, except that consumers may, where required by applicable law, bring proceedings in the courts of their country of residence.<br><br><b>For EU users:</b> In the event of a dispute relating to this
                 Agreement, 
                and all future agreements you enter into with Upstairs Games, unless otherwise indicated on such other agreement, will
                an amicable solution may
                 be 
                governed
                sought before any legal action
                 by 
                the laws of the Israel. This is the case regardless of whether you reside or transact business with Upstairs Games, or any of its affiliates or agents, in Israel or elsewhere. Unless a dispute would be governed by the terms of Section 16 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Rehovot, Israel.<br><br>For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement,
                sending
                 an
                 amicable solution can be sought before any legal action. You can file your complaint with Upstiars Games by sending a message via
                 email to <a href="mailto:[email protected]">[email protected]</a>. 
                In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint
                If that fails, EU consumers may contact a national alternative dispute resolution (ADR) body in their country of residence. A list of certified consumer dispute resolution bodies in the EU Member States, Norway, and Iceland is available
                 on the European Commission's 
                Online Dispute Resolution website: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwebgate.ec.europa.eu%2Fodr%2Fmain%2Findex.cfm%3Fevent%3Dmain.home.chooseLanguage" target="_blank" rel=" noopener">https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
                Consumer Redress portal at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fconsumer-redress.ec.europa.eu%2Fdispute-resolution-bodies" target="_blank" rel=" noopener">https://consumer-redress.ec.europa.eu/dispute-resolution-bodies
                </a>. 
                Upstairs Games is not obliged to, and does not commit in advance to, participate in proceedings before any specific consumer arbitration board, but will consider participation in good faith on a case-by-case basis. 
                If out-of-court 
                resolution fails or is declined, the 
                dispute 
                resolutions fail, the dispute 
                may be brought before the competent courts.
                <br><br><div class="bb_h2">16. Binding Arbitration</div><br><b>THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.</b><br><br>Any dispute or claim relating in any way to your use of the Service (each, a "Claim") will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.<br><br>YOU AND UPSTAIRS GAMES AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.<br><br>Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would.<br><br>To start an arbitration, you must send an email to <a href="mailto:[email protected]">[email protected]</a> describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Rehovot, Israel unless the Parties agree to video, phone, or internet connection appearances.<br><br>Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Upstairs Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given (including any attorneys' fees and costs awarded), and the arbitrator's findings and conclusions on which the arbitrator's decision is based.<br><br>Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.<br><br>BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND UPSTAIRS GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
                <br><br><div class="bb_h2">17. Miscellaneous Terms</div><br><b>a. Agreement Revisions.</b> This Agreement may 
                be revised by Upstairs Games 
                only 
                for valid organizational, legal, or technical reasons (for example, changes in law, changes to the Service, or security improvements). Users will 
                be 
                revised in writing
                notified of changes
                 by 
                Upstairs Games,
                in-game notification
                 or by 
                Upstairs Games' publication of
                email with the new version of the Agreement attached. Amendments will take effect no less than 14 days after delivery of the amended Agreement, unless
                 a 
                new version on
                shorter period is required by applicable law, ruling, or act of a competent public authority. If you do not agree to the amended terms, you may discontinue use of
                 the Service.<br><br><b>b. Force Majeure.</b> Upstairs Games is not liable for any delay or failure to perform resulting from causes outside 
                the
                its
                 reasonable 
                control of Upstairs Games,
                control,
                 including 
                without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Upstairs Games' control such as 
                acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of 
                transportation facilities,
                transportation,
                 fuel, energy, labor, or materials.<br><br><b>c. No Partnership.</b> 
                You agree that no
                No
                 joint venture, partnership, employment, or agency relationship exists between you and Upstairs Games 
                because
                as a result
                 of this 
                Agreement or your use of the Service.
                Agreement.
                <br><br><b>d. Assignment.</b> Upstairs Games may assign this 
                Agreement,
                Agreement to a successor
                 in 
                whole or
                interest (for example,
                 in 
                part, to
                a merger, acquisition, or sale of substantially all assets), and will notify users of
                 any 
                person or entity at any time with or
                such assignment. You may not assign this Agreement
                 without 
                your
                Upstairs Games' prior written
                 consent.
                 You may not assign the Agreement without Upstairs Games' prior written consent, and any unauthorized assignment by you will be null and void.
                <br><br><b>e. Severability.</b> If any part of this Agreement is determined to be void, 
                invalid
                invalid,
                 or unenforceable, 
                then 
                that portion will be 
                severed,
                severed or reformed to the minimum extent necessary,
                 and the remainder of the Agreement will 
                be given
                remain in
                 full force and effect.<br><br><b>f. 
                Attorneys' Fees.
                No Waiver.
                </b> 
                In the event
                Upstairs Games' failure to enforce
                 any 
                litigation
                provision of this Agreement
                 is 
                brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
                not a waiver of that provision or of any future obligation to comply.
                <br><br><b>g. 
                No Waiver.</b> Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.<br><br><b>h. Equitable Remedies.</b> You hereby agree that Upstairs Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.<br><br><b>i. 
                Entire Agreement.</b> This Agreement, 
                including
                together with
                 the documents expressly incorporated by 
                reference,
                reference (including the Privacy Policy and Beta Tester Agreement),
                 constitutes the entire agreement between you and Upstairs Games with respect to the Service and supersedes all prior or contemporaneous 
                communications, whether electronic, oral or written,
                communications
                 between you and Upstairs Games with respect to the Service.