Terms Watch

5. Your Account

5.1 Account Creation. You may need to register for an Account to use certain games and other parts of the Service. You may only create an Account if you are not a minor in your jurisdiction. If you are still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service.

You may create an Account by signing up through a registration form on the Service or, in some cases, connecting your account from a Third-Party Platform to the Service. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Aspyr Media immediately of any breach of security or unauthorized use of your Account.

5.2 Accurate Information. When creating your Account, you promise to provide a valid email address and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times. 

5.3 Suspension of Accounts. Aspyr Media may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason. 

5.4 Your Username. Aspyr Media may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Aspyr Media deems it unacceptable by community standards. 

5.5 Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Aspyr Media as it sees fit. Aspyr Media will fully cooperate with law enforcement and other governmental entities in policing the content of the Service. 

5.6 No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Aspyr Media owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.

6. Your Content and Conduct

6.1 Your Content. Any communications or material of any kind that you email, post, or otherwise transmit to Aspyr Media or the public on or using the Service, including messages, comments, photographs, chat, emails, voice recordings, data, questions, feedback, or suggestions are known as your “Content.”

Aspyr Media does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Aspyr Media permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world in perpetuity. 

6.2 Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which: 

is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law; 
is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity; 
constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam); 
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone; 
restricts, inhibits, or discourages any other user from using the Service;
hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience; 
violates any local, state, federal or international laws or gives rise to civil liability; 
violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right); 
imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service; 
is a “chain letter,” or constitutes “junk mail”; 
specifies or claims that that you are affiliated with Aspyr Media when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Aspyr Media; 
requests login information from other users; 
“spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
uses or possesses programs to “crack” the Service or other Internet security tools;
contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or 
anything else that Aspyr Media, in its sole determination, deems offensive or harmful to the Service or to Aspyr Media’s integrity or business.

7. Mods

“Mods” are user-created content that can be used to modify or enhance the gameplay experience for certain games and other software that make up the Service. Your creation, use, and transfer of Mods is subject to the Conduct Policy in Section 6.2 above. Mods must also comply with all applicable third-party terms of service and other agreements.

Aspyr Media reserves the right to remove any Mods which it deems to be, in its sole discretion, (i) in violation of this Agreement or any applicable law, or (ii) offensive, inappropriate, or otherwise objectionable.

By submitting Mods to Aspyr Media, you grant Aspyr Media a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Mods, in whole or in part, for any purpose and in any form, media or technology, now known or hereafter developed, anywhere in the world in perpetuity. You also agree that you hereby waive any moral rights of paternity, publication, reputation or attribution over use by Aspyr Media or other players of those Mods.

For some games which are part of the Service, Aspyr Media uses Mod.io to manage all Mods for that game. In order to access or make available any Mods, you must sign up for a Mod.io account. Your Mod.io account and your use of the Mod.io service are conditioned upon your consent to and compliance with the terms of Mod.io’s End User License Agreement and Privacy Policy . You can manage your account, privacy settings, or delete and change personal data at any time by visiting https://mod.io/members/privacy.

If you are a copyright owner or their agent, and believe that any content in a Mod infringes on your copyrights, you may submit a report through Mod.io or to our copyright agent at the contact info in Section 15.

8. Virtual Items

Virtual items, costumes, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Aspyr Media to purchase at the prices and on the terms set forth on the Service. 

You agree that you have no right or title in or to any Virtual Items. Aspyr Media does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service, or otherwise sell, barter, or trade Virtual Items without Aspyr Media’s express written consent. To be clear, Virtual Items have no real-world value and are licensed, not owned. No property or other proprietary rights in or to the Virtual Items will accrue to you under any circumstances.

Unless required by law or otherwise specified on the Service or by the Third-Party Platform you access the Service through, all sales of Virtual Items are final when the transaction has been processed and no refunds will be given.
 
9. Support Services

Aspyr Media may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Aspyr Media 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 be a default of Aspyr Media 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 Aspyr Media will be and remain the sole property of Aspyr Media and will be subject to the terms and conditions of this Agreement. 

Aspyr Media customer support may be reached by contacting us at https://support.aspyr.com/hc/en-us. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Aspyr Media in connection with Support Services.

10. Term and Termination

The term of this Agreement begins upon your download or first use of the Service and will continue for as long as you have any copies of the Service in your possession or access the Service, as applicable. 

Without prejudice to any other of its rights, Aspyr Media may unilaterally terminate or modify this Agreement at any time and for any reason, with no notice to you. For example, Aspyr Media may terminate this Agreement and your rights in connection with the Service, if Aspyr Media, in its sole determination, discontinues the Service or any part of the Service, stops supporting or maintaining the Service or any part of the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with this Agreement.

If Aspyr Media terminates this Agreement based on your failure to comply with its terms: (i) no refunds will be made; and (ii) you must promptly destroy or delete all copies of the Service in your possession. If Aspyr Media’s modification of this Agreement materially affects your rights in connection with the Service, which Aspyr Media will determine at their sole discretion, Aspyr Media may, but is under no obligation to, notify you by sending an email to your last known email address on record. Aspyr Media has no liability if you do not receive this notification.

Aspyr Media reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Aspyr Media will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

11. Monitoring

Aspyr Media reserves the right to monitor use of the Service to determine compliance with 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.

Aspyr Media may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Aspyr Media or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Aspyr Media or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Aspyr Media or its affiliates or agents.

12. Security of Data Transmission and Storage

Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Aspyr Media or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to others.

Aspyr Media and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications. 

13. Hyperlinks

The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Aspyr Media does not control the Linked Services, and Aspyr Media and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Aspyr Media has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Aspyr Media cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Aspyr Media or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.

14. Trademarks and Copyrights

The Service is owned by Aspyr Media and is protected by United States and international copyright and other intellectual property laws and treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Aspyr Media or under license to Aspyr Media. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Aspyr Media 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, Aspyr Media. 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.

15. Copyright Complaints

If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials off of the Service or disable public access to them. Additionally, for repeat infringers of copyright protected content, we may disable their access to the Service, remove their Content, and terminate their Account.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent may be reached at the following physical or email address:
Copyright Agent
1250 S Capital of Texas Hwy, Floor 6, Austin, TX 78746
Or by email at: [email protected]

16. Disclaimer of Warranties

Your use of the Service is entirely at your own risk. 

The Service is provided by Aspyr Media on an as-is basis. Aspyr Media expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

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

Neither (a) any Third-Party Platforms nor, (b) Epic Games, Inc. (“Epic”) and/or Unity Software Inc. (“Unity”) (if any part of the Service uses the Unreal Engine or Unity Engine, respectively) is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms or Epic or Unity 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.

17. Limitation of Liability

You expressly understand and agree that neither Aspyr Media nor any Third-Party Platform, Epic, or Unity is liable 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 Aspyr Media, the Third-Party Platform, Epic or Unity 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, Epic or Unity that you may have under any theory of law or equity anywhere in the world, 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 the limitations set forth in this Agreement and may be brought only against Aspyr Media, as described in Sections 23 and 24 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 Aspyr Media and its affiliates will be limited to the fullest extent permitted by law.

18. Indemnification

You agree to indemnify and hold Aspyr Media and its affiliates, and their respective directors, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity 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 violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Aspyr Media, its affiliates or their respective agents and employees be liable for any damages of any kind that result from the use of, or the inability to use, the Service.

19. Your Personal Information

Certain personal and other information that we collect, process, and share 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 at https://www.aspyr.com/privacy. You agree that your use of the Service is subject to the Privacy Policy.

20. Third-Party Beneficiaries

You acknowledge and agree that the Third-Party Platforms, Third-Party Publishers, Epic and Unity 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.

21. Disclosures Required by Law

Aspyr Media reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Aspyr Media reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Aspyr Media 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 Aspyr Media harmless from any claims resulting from any action taken by Aspyr Media during or as a result of its investigations or from any actions taken as a consequence of investigations by either Aspyr Media or law enforcement authorities.

22. Export Controls

You may not use, access, or otherwise export or re-export the Service, except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported, re-exported, or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Service, you represent and warrant that you are not located in any such country or on any such list.

23. Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with Aspyr Media, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Texas. This is the case regardless of whether you reside or transact business with Aspyr Media, or any of its affiliates or agents, in the State of Texas or elsewhere. Unless a dispute would be governed by the terms of Section 24 below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the city of Austin, Texas, United States.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Aspyr Media 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 complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

24. Binding Arbitration

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 ASPYR MEDIA 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.

The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.

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. Court review of the arbitration award is limited under the Federal Arbitration Act.

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 proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. 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 Austin, Texas, United States, 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 Aspyr Media 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 Aspyr Media WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

You and Aspyr Media agree that if any portion of this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.

25. Miscellaneous Terms

25.1 Agreement Revisions. This Agreement may only be revised in writing by Aspyr Media, or by Aspyr Media’s publication of a new version on the Service.

25.2 Force Majeure. Aspyr Media is not liable for any delay or failure to perform resulting from unforeseen circumstances or causes beyond Aspyr Media’s control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. 

25.3 No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aspyr Media as a result of this Agreement or your use of the Service. 

25.4 Assignment. Aspyr Media 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 the Agreement without Aspyr Media’s prior written consent, and any unauthorized assignment by you will be null and void.

25.5 Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect. 

25.6 Attorneys’ Fees. In the event any litigation 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.

25.7 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.
 
25.8 Equitable Remedies. You hereby agree that Aspyr Media 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. Additionally, you agree that your sole remedy, if any, for any breach of this Agreement will be solely in money damages. You hereby waive and relinquish any right you may otherwise have to obtain injunctive or equitable relief under this Agreement.

25.9 Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Aspyr Media with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Aspyr Media with respect to the Service. 

You must accept the terms and conditions before you are able to play this game or utilize the Services.