End-User License Agreement (EULA) of Minigame Madness
By selecting "I Agree" or purchasing, downloading or using the game "Minigame Madness" or its related services (the game and services, collectively, our "Services"), you agree to the terms of this End User License Agreement ("Agreement"). This Agreement is a legal agreement between you and Chaotic Entertainment. This Agreement governs your acquisition and use of our Services directly from Chaotic Entertainment or indirectly through a Chaotic Entertainment authorized reseller or distributor (a "Reseller"). Please read this Agreement carefully before completing the installation process and using our Services. It provides a license to use our Services and contains warranty information and liability disclaimers. This Agreement shall apply only to the Services supplied by Chaotic Entertainment herewith regardless of whether other services are referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support for our Services, unless other terms accompany those items on delivery. If so, those terms apply.
You are not allowed to use our Services if you are less than 13 years of age, or the laws of the jurisdiction in which you live prohibit use of our Services. If you are between the ages of 13 and 18 (or the age of majority where you live):
a. You and your parent or guardian must review this Agreement together before you use our Services;
b. Your parent or guardian enters into this Agreement on your behalf and their own behalf when you use our Services; and
c. Your parent or guardian will be responsible for all of your activities when you use our Services.
1. License Grant
Chaotic Entertainment hereby grants you a personal, non-transferable, non-exclusive licence to use our Services on your devices in accordance with the terms of this Agreement. You are permitted to: (a) load our Services (for example on a PC, laptop) under your control; and (b) and (b) make and publicly display audio-visual footage of you using our Services ("Your Streaming Footage") on online video streaming and social networking services. You are responsible for ensuring your device meets the minimum requirements of our Services.
2. Intellectual Property and Ownership
Chaotic Entertainment shall at all times retain ownership of the Services as originally downloaded by you and all subsequent downloads of our Services by you. The Services (and the copyright, and other intellectual property rights of whatever nature in the Services, including any modifications made thereto) are and shall remain the property of Chaotic Entertainment. Chaotic Entertainment reserves the right to grant licences to use the Services to third parties.
3. Virtual Features
Our Services includes "Virtual Features". We use the term "Virtual Features" to mean rights that we license to you to access or use certain features that we may make available on our Services. Examples of Virtual Features may include access to digital or unlockable Content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points, coins and currencies. When you sign up or pay for Virtual Features, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Features, or exchange them for cash. Any payment you make for access to a Virtual Feature is non-refundable unless otherwise stated.
Our Services includes Content. We use the term "Content" to mean all materials, information, technology, software and other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof. All Content is and will remain the exclusive property of Chaotic Entertainment or its licensors, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
5. Updates, Online Server Support and Interruptions
We may, by automatic update or otherwise, change, modify or update the Services, Content or Virtual Features at our sole discretion. For example, we may need to update or reset certain parameters to balance game play and usage of our Services. These updates or resets may cause you setbacks within the relevant game world and may affect your gameplay and Virtual Features under your control. If our Services uses online servers, we make no commitment to continue to make those servers available, and may terminate online features at any time.
We reserve the right to interrupt our Services from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our Services. You acknowledge that we may interrupt, suspend or terminate our Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our Services or your account whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our Services, or the discontinuation of any Services.
6. Internet Connection
Some features of our Services may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of our Services.
7. Fraud and Cheat Detection
To provide users with a positive, fair, and competitive experience on the Services, we may use certain software, tools, and technologies (“Fraud and Cheat Detection”) to detect and prevent programs, methods, or other processes that (i) are used for hacking, account stealing, or other unauthorized or fraudulent activity on the Services (“Fraud”) or (ii) give you or other users a competitive advantage within the Services (“Cheats”), including bots, hacks, add-ons, malware, scripts, and mods not expressly authorized by us. You will not:
a. Use or encourage the use of Cheats;
b. Engage in or encourage others to engage in Fraud;
c. Develop, market, offer, sell, distribute, support or otherwise make available any Cheats; or
d. Attempt to tamper with, modify, disable, disrupt, or circumvent any software, tools or technologies used to detect and prevent Fraud or Cheats.
8. Rules of Conduct
You shall not, and shall not attempt to, do any of the following:
a. Use or allow the use of our Services for any purpose or activity that is illegal, unlawful or not expressly authorized under this Agreement.
b. Sell, rent, lease, share or provide access to your account to anyone else, or use another user's account.
c. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our Services.
d. Reverse engineer or attempt to extract or otherwise use source code or other data from our Services.
e. Use our Services to build a service or game that would compete with our Services or assist another person in building a service or game that would compete with our Services.
f. Remove any proprietary, copyright, trade secret or warning legend from our Services.
g. Make or publicly display Your Streaming Footage where such footage: (a) misrepresents our identity, the names, features or functionality of our Services, or the legal rights or obligations that anyone has in regards to the Services; or (b) adversely affects our rights in an unfair or illegal manner.
h. Damage, disrupt, impair, or interfere with our Services, any server, network or system used to support or provide our Services, any person's property, or another user's use or enjoyment of our Services, such as by engaging in denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files or time bombs.
i. Probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services.
j. Harass, threaten, bully, embarrass, spam or do anything else to another user of our Services that is unwanted, such as repeatedly sending unwanted messages or making insults, personal attacks or statements about people based on their race, sexual orientation, religion, nationality, or any other aspect.
k. Post or transmit a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
l. Impersonate another person or falsely imply that you are one of our employees or representatives.
m. Improperly use in-game support or complaint buttons or make false reports to us.
n. Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the Content, navigational structure or presentation of our Services;
o. Harvest, phish for, or collect any kind of private information of other users of our Services, such as passwords.
p. Use or distribute unauthorized software programs or tools when using our Services, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
q. Modify any file or any other part of our Service that we do not specifically authorize you to modify.
r. Use exploits, cheats, undocumented features, design errors or problems in our Services.
s. Use or distribute counterfeit software or Content associated with our Services, including Virtual Features.
t. Attempt to use our Services on or through any service that we do not control or authorize.
u. Sell, buy, trade or otherwise transfer or offer to transfer your account, any personal access to our Services, or any Content associated with your account, including Virtual Features, either within our Services or on a third-party website, or in connection with any out-of-game transaction.
v. Use our Services in a jurisdiction in which we are prohibited from offering such services under applicable export control laws.
w. Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of our Services.
x. Use information about users publicly available in any of our Services (e.g., on a leaderboard) for any purpose unrelated to our Services, including to attempt to identify such users in the real world.
y. Promote, encourage or take part in any prohibited activity described above.
z. Use our Services for any purpose that Chaotic Entertainment considers is a breach of this Agreement
Some of our Services may post additional rules that apply to your conduct on those services.
If you encounter another user who is violating any of these rules, please report this activity to us using the "Report" function in the relevant Service, if available, or contact us at ChaoticEntertainment@mail.com. We will review the report and may, at our sole discretion, take action against anyone who violates our Rules of Conduct, such as by revoking access to certain or all of our Services and terminating their account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
We may, but are not obliged to, monitor or record online activity or Content on our Services at our sole discretion.
9. Notice and Copyright Infringement Claims
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances as determined by us, users or account holders who are deemed to be repeat infringers of the copyrights of others. We may also at its sole discretion limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been used in the Services in a way that constitutes copyright infringement, please submit a notice of alleged infringement (“DMCA Notice”) to our Designated Copyright Agent at ChaoticEntertainment@mail.com.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper DMCA Notice. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to us for certain costs and damages.
11. Disclaimers and Limitation of Liability
Our software includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Chaotic Entertainment, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Chaotic Entertainment, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the software, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this software, or will not revoke approval of this software for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Chaotic Entertainment and Epic. Chaotic Entertainment, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Chaotic Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Chaotic Entertainment’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Chaotic Entertainment, Epic, Epic’s licensors, nor its or their affiliates, nor any of Chaotic Entertainment’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Chaotic Entertainment’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Chaotic Entertainment, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
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 Chaotic Entertainment, Epic, Epic’s licensors, its and their affiliates, and any of Chaotic Entertainment’s or Epic’s service providers shall be limited to the full extent permitted by law.
This section only applies to the extent allowed by the laws of your jurisdiction. If the laws of your jurisdiction do not allow you to enter into the indemnification obligation below, then you assume, to the extent permitted by the laws of your jurisdiction, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense costs of, and hold harmless Chaotic Entertainment from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney and expert witness fees) arising out of or in connection with (i) any claim that, if true, would constitute your breach of this Agreement or your negligence, (ii) any act or omission by you in using the Services. You agree to reimburse Chaotic Entertainment on demand for any defense costs incurred by Chaotic Entertainment and any payments made or loss suffered by Chaotic Entertainment, whether in a court judgment or settlement, based on any matter covered by this section.
This Agreement is effective from the date you first use our Services and shall continue until terminated by you or us. You may terminate this Agreement by deleting all copies of the software and no longer using any of our Services. We may suspend or terminate your account and your use of any of our Services at our sole discretion, including where we consider that your use of our Services breaches this Agreement or applicable law, or where we choose not to continue providing any Service to any person for any reason. If we take any action described in this Section, any license you may have under this Agreement will terminate and, to the fullest extent permitted by applicable law, you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any Services, including any Virtual Features. Our exercise of any of our rights under this Agreement shall not prejudice any remedies to which we may be entitled under law or equity. Sections 4-5 and 9-17 of this Agreement shall survive termination of this Agreement.
Only we may amend this Agreement. You should review this Agreement regularly to take notice of any amendments. Your continued use of our Services after their effective date means you accept such amendments. If you do not agree to the amended Agreement, immediately stop using our Services.
We reserve the right to assign this Agreement to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under this Agreement to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
16. General Terms
Any use of the words "include", "includes" or "including" in this Agreement shall be interpreted to include "but not limited to" after them. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. This Agreement, together with any other of our terms that govern your use of our Services, constitutes the entire agreement between you and us. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this Agreement.
17. Governing Law
This Agreement, and any dispute arising out of or in connection with this Agreement, shall be governed by and construed in accordance with the laws of the Netherlands.