TERMS OF SERVICE
a) Subject to your ongoing compliance with the terms and conditions of this Agreement and any applicable EULA, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of this Agreement to access and use the Services. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY Grey Box.
b) Grey Box reserves the right to interrupt all or any aspect of Services from time to time on a regularly scheduled basis or otherwise without notice for, but not limited to, maintenance to improve user experience, emergency maintenance, or for reasons of security.
You further understand and agree that the Services are provided via the Internet and therefore may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems. You acknowledge that the Services may also be interrupted for other reasons beyond the control of Grey Box and Grey Box cannot guarantee that you will be able to access the Services or your User Account (as defined below) whenever you may wish to do so.
c) Grey Box has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Services as Grey Box shall determine at its discretion. Solely for purposes of clarity and without limiting or waiving any term or condition set forth elsewhere in this Agreement, we are entitled, with immediate effect, to block your access to the Services where you use the Services in a manner that violates applicable law or in a manner that Grey Box determines is a breach this Agreement. Your right to access and use the Services is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. In doing so, we shall however take into account your legitimate interests and provide prior notice where feasible. You further understand and agree that we constantly work on further development of the Services, and we improve, upgrade and update graphics, features, gameplay and any other content provided by us, in order to make the Services enjoyable for you.
a) Only individuals may apply for registration, and organizations or companies are not eligible to register for Services without the express written permission of Grey Box, which it may withhold in its sole discretion.
b) To register, you need to be eighteen (18) years of age or older, or, if under eighteen (18) years of age, you need to be thirteen (13) years of age or older and your parent(s) or legal guardian(s) have reviewed these Terms of Service and consent to all of its terms and conditions on your behalf. If you are under thirteen (13) years of age, you may not register or attempt to register for the Services.
c) You acknowledge and agree that, with regard to any game downloaded from a third party provider (such as Steam, Microsoft, Sony, Nintendo, Apple, Google/Android, Amazon, etc.), even though Grey Box is not a party to any license between you and such third party, Grey Box shall be a third party beneficiary of such third party’s end user license agreement. You also agree that, as a third-party beneficiary to any such end user license agreement, Grey Box shall have the right to enforce such license against you.
d) Third Party Channels. You further agree that you will have to comply with all rules of external platforms applicable for a particular game or online application (commonly known as “app”) or any other content from such third party provider (including without limitation rules of Xbox®Games, licenses of PlayStation®4, Nintendo, rules of the Apple Appstore and Game Center and rules of Google Play (collectively, “Third Party Channels”)). You agree that if you breach the terms and conditions associated with the access and use of such Third Party Channels, such breach shall also be deemed a material breach of this Agreement and may lead to a termination or suspension as further set out in Section 14 hereafter.
4. ELIGIBILITY. You are only eligible to register for certain Services if you meet certain requirements as set forth at the time of registration. If you do not meet such requirements, then you may not register for Services.
5. USER ACCOUNT. Certain content and Services that Grey Box may offer or that you may wish to access will require that you first register with Grey Box and create a user account (“User Account”), although many Services are accessible without the requirement of a User Account. This Agreement applies equally to your access to and use of the Services without establishing a User Account as well as your access to and/or use of the Services for which a User Account is required.
a) Establishing a User Account. To establish a User Account, you may be required to provide Grey Box with certain personal information, including without limitation, your first and last name, date of birth, e-mail address, account information for certain third party sites or networks such as Facebook or Twitter, phone numbers (including cell phone numbers), mailing address and zip code that may be used to identify you as an authorized user of the Service. You agree that you will supply accurate information to Grey Box when requested, and that you will update that information promptly if it changes. Grey Box reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.
b) Login Information. During the registration process, you may be required to select a username and a password (collectively, “Login Information”). It is important that you remember your Login Information and that you keep your Login Information in a safe and secure offline location. You may not share or transfer your User Account or the Login Information with anyone other than as expressly set forth in this Agreement. You are responsible for protecting the confidentiality of the Login Information, and you will be responsible for all use of your User Account accessed with your Login Information, whether or not authorized by you. Your User Account is strictly personal to you. Any unauthorized access, use, distribution or transfer of your User Account or Login Information is not permitted and may result in suspension, termination, or cancellation of your User Account and your access to and use of the Services.
6. CODE OF CONDUCT. Your use of the Services is governed by certain rules (the “Code of Conduct”) maintained and enforced by or on behalf of Grey Box and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct or any additional rules as have been agreed. In addition to the conduct specified below, Grey Box reserves the right to take measures in response to conduct that it deems breaches or violates this Agreement and/or your obligations hereunder including, without limitation, to delete or alter any username or the suspension, termination, or cancellation of your User Account and your access to and use of the Services, or terminate any license granted in this Agreement. Grey Box reserves the right to modify the Code of Conduct at any time in accordance with the provisions of these Terms of Service.
a) Unacceptable Online Conduct. Any attempt by you to disrupt, or encourage or promote the disruption of the Services may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Services, nor will you interrupt or attempt to interrupt the operation of the Services in any way, including without limitation, the following:
i) use any unauthorized third-party that intercepts, or otherwise collects, information from or through the Services;
ii) modify or cause to be modified any files that are a part of the Services in any way;
iii) facilitate, create or maintain any unauthorized connection to the Services; or
iv) disrupt or assist in the disruption of any computer used to support the Services or another individual’s access to or use of the Services.
b) Username Rules. Grey Box may change your username, block your registration, remove your username from all aspects the Service, and/or suspend or terminate your access to the Service if Grey Box determines, in its reasonable discretion, that your username is contrary to the terms of this Agreement, including, without limitation, the requirements set forth in this Section 5. You may not use any name:
i) that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be the other person or an employee of Grey Box;
ii) that uses vulgar or insulting language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language Grey Box considers objectionable;
iii) that belongs to a popular culture figure, character, celebrity, media personality or any other name protected by a third-party’s trademark(s), service mark, publicity rights or other proprietary or intellectual property rights;
iv) that is, contains, or is substantially similar to, a trademark or service mark, whether registered or not; or
v) that is related to drugs, sex, alcohol, or criminal activity.
c) Rules Related to Use of Games, Apps and Other Content available as part of the Services. If you download or otherwise access a game or online application (commonly known as an “app”) or any other content from the provider of that app (collectively, “Third Party Channels”) and breach the terms and conditions associated with the access and use of such Third Party Channels, or otherwise use or access such game app or content in a manner that Grey Box deems inappropriate, then your User Account may be immediately terminated or suspended.
d) Your User Content. All of your User Content must be original with you or you must have all necessary rights in it from third parties. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission to submit such User Content to Grey Box. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Grey Box as your User Content, then you must obtain your friend's and the photographer's permission to do so.)
e) Photos: No pictures, videos, or images of anyone other than you and your friends and family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you, or of you and someone you know and only if you have their express permission to submit it.
f) Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others' opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn't belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, age, citizenship, pregnancy, religion, physical or mental handicap/disability and/or any other attribute as determined by us. Your Use Content must not be defamatory, slanderous, harassing, indecent, obscene, pornographic, or sexually explicit.
g) Do Not Use for Commercial or Political Purposes. Your User Content must not advertise or promote a product or service or other commercial activity, or a politician, political party, public servant, or law.
h) Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect e-mail addresses or other contact information of others from the Service by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail," “spam," “chain letters," “pyramid schemes," or any other form of solicitation, including, but not limited to, offering of “cheats," “gold farming" or other similar services.
i) Do Not Use for Inappropriate Purposes. Your User Content must not promote any infringing, illegal, or other similarly inappropriate activity.
j) Be Honest and Do Not Misrepresent Yourself or Your User Content. Do not impersonate any other person, user, or company, and do not submit User Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
k) Others Can See. We hope that you will use the designated areas of the Service to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Services are public or semi-public and User Content that you submit on the Service may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on community spaces.
l) Don't Share Other People's Personal Information. Your User Content should not reveal another person's address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual
m) Don't Damage the Service or Anyone's Computers or Other Devices. Your User Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other device.
n) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
7. COMMUNICATION AND OTHER FEATURES AVAILABLE IN CONNECTION WITH GAMES, APPS AND OTHER CONTENT AVAILABLE AS PART OF THE SERVICES.
a) Communication Features. When using or accessing Third Party Channels, you understand that you may be exposed to messages, information, data, text, software, graphic files, advertising or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (whether now known or hereafter to become known) from other users (“Third Party User Material”) and that you might find such Third Party User Material objectionable. Grey Box and its Third Party Providers do not control the content of any Third Party User Material and do not guarantee its accuracy, integrity or quality. You understand that any Third Party User Material sent through or appearing on the Third Party Channels is the sole responsibility of those users or persons transmitting such Third Party User Material. This means that you, and not Grey Box or its Third Party Providers, are entirely responsible for all Third Party User Material that you transmit or receive. Subject to Sections 15, 16 and 17 of these Terms of Service, under no circumstances will Grey Box or its Third Party Providers be liable for any errors or omissions in any Third Party User Material or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any Third Party User Material. Grey Box and its Third Party Providers have no obligation to monitor or supervise Third Party User Material, and expressly disclaim any representation that they will monitor or supervise such Third Party User Material. You agree that you have no expectation of privacy in connection with any Third Party User Material. Unless prohibited by applicable law, you also agree to indemnify and defend and hold Grey Box and its Third Party Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your violation of these terms and conditions or your violation of any rights of another.
b) Purchase Features. Some applications offered by way of the Services or otherwise referenced on the Grey Box website may include the ability to make purchases within the application itself (also referred to as “in-app purchases”). This can include the ability to purchase additional content or access additional features without having to leave the application. Such purchases may be offered by us or by an independent third party vendor. Any and all in-app purchases, including virtual goods and/or virtual currency, provided by the Services are provided solely for your personal entertainment and use solely as part of your use and enjoyment of the Services.
Their use is subject to these Terms of Service as applicable, such additional terms as we agree with you, if the purchase is offered by us, or, if the purchase is offered by a third party, as agreed between such third party and you. All in-app purchases, virtual goods and virtual currency are licensed to you, are not your personal property, and no ownership interest in them is transferred to you. The prices charged and the quantities made available, as well as the kinds of in-app purchases, virtual goods and virtual currencies made available, may be changed by Grey Box at any time and with or without notice in its sole discretion, but will not have retroactive effect and not affect your accrued rights. Any and all such in-app purchases, virtual goods and virtual currency may also be changed or discontinued at any time with or without notice by Grey Box in its sole discretion, but will not have retroactive effect and not affect your accrued rights. No virtual goods or virtual currency may ever be redeemed by you for money, services, merchandise, or other goods or items of monetary value from Grey Box or any other third party. All further information as required by applicable law will be provided to you by us (if the purchase is offered by us), or by such third party (if the purchase is offered by a third party).
The device on which you are accessing such applications may include settings that prevent access to certain features or content, which may allow you to turn off the ability to make in-app purchases. For example, Apple, Inc. outlines the steps required to enable restrictions on certain of its devices (currently at http://support.apple.com/kb/HT4213). Please review your settings on your device or seek advice from your data carrier or the manufacturer of your device on how to change your settings or enable restrictions.
c) Social Network Access. When using some applications offered by way of the Services or otherwise referenced on the Grey Box website, you may have the ability to access a social network. If you access a social network, you may need to share information (some of which could be personally identifiable information).
8. OWNERSHIP. USER CONTENT. LINKS. Except as expressly stated herein, nothing contained in this Agreement (or in the EULA, if applicable) shall be construed as conferring on you any right, title or interest, by implication, estoppel or otherwise; without the express written consent of Grey Box. You acknowledge that all rights, ownership, intellectual property and title in and to the Services, including without limitation any User Accounts, Login Information, titles, trademarks, trade names, service marks, copyrights, patent rights, moral rights, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, music, video, photographs, opinions, images, text, audio-visual effects, or methods of operation and any documentation or intellectual property rights related to or arising from any of the aforementioned items (collectively, “Materials”) are owned and controlled by Grey Box or its Third Party Providers. You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, resell, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services without the express written permission of Grey Box or its Third Party Providers. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of Grey Box’s, or its Third Party Providers’, copyrights and other proprietary rights and, for clarity, nevertheless are created for Grey Box or its Third Party Providers’ sole and exclusive benefit, and are owned and controlled by Grey Box or its Third Party Providers. Solely for purposes of example, such trademarks and/or trade names include, without limitation, Grey Box, Dreadnought, Grey Goo, RiME, Six Foot, 6ft and Redux! Games, among possible others.
Some Services permit you to create, upload or transmit content ("User Content", which includes, for example: User Account personas, forum posts, chat posts, profile content and any other content contributed by you to or on Services).
If you upload or make available to other users your User Content via our Services, we do not pre-screen, control, monitor, endorse or own your User Content, and you are commissioning us to host and make available such User Content on our Services and grant to us a respective limited, non-exclusive and royalty free license.
In relation to any User Content which you create or wish to make available to other users, you agree to and comply with the following terms and conditions:
Grey Box shall be granted a non-exclusively license with regard to any copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity, throughout the universe to use, copy, reproduce, create derivative works from, perform, publicly display and communicate to the public, adapt, translate, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, sublicense, distribute or exploit, in any way or purpose whatsoever, any User Content, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content in connection with us providing the Service.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any Grey Box website so long as the link does not portray Grey Box or its products or services or Third Party Providers in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Grey Box logo or other proprietary graphic or trademark as part of the link or any form of framing without our express written permission.
a) We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. If you discover any content on the Services that you believe infringes your copyright, please report this to us in writing including the following information:
i) a statement that you have identified content on the Services that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
ii) a description of the copyright work that you claim has been infringed;
iii) a description of the content that you claim is infringing and exact details of where on the Services the content that you claim is infringing was found, including the URL;
iv) your contact information including your full name, address and telephone number and a valid email address on which you can be contacted;
v) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you that the information in your notice is accurate and that you are the owner or authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
Your notice should be sent to us or our designated copyright agent by email to firstname.lastname@example.org or by mail to the following address: Grey Box
Attn: Copyright Claims/Legal Department, 2415 West Alabama, Suite #208, Houston, Texas 77098 USA
b) If you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), the following applies: Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
i) provide your physical or electronic signature;
ii) identify the copyright work that you believe is being infringed;
iii) identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
iv) provide us a way to contact you, such as your address, phone number or email address;
v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
vi) provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
c) Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:
Attn: DMCA Agent
2415 West Alabama, Suite #208
Houston, Texas 77098
d) If you discover any content on the Services that you believe infringes any of your other proprietary rights (including but not limited to trademarks, or rights of personality), please report this by following the above guidelines and send your notice to email@example.com or by mail to the above mentioned postal address.
10. THIRD PARTY WEBSITES. When accessing and using the Services, the Services may include and link to features, services and websites provided by a third party, and / or you may be directed to third party or external websites, that are not affiliated with Grey Box (“Third Party Websites”). Grey Box and its Third Party Providers are not responsible for the availability of Third Party Websites, and do not endorse, and (subject only to Section 15, 16 and 17 of these Terms of Service) are not responsible or liable for any content, advertising, products, or other materials contained on Third Party Websites. Grey Box has no control over Third Party Websites and therefore your access to any Third Party Websites is at your own risk. Grey Box and its Third Party Providers (subject only to Section 15, 16 and 17of these Terms of Service) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, inability to use, or reliance on any content, advertising, products, or other materials contained on Third Party Websites. We recommend that you carefully review any terms and conditions, privacy policies and any other legal documents that may be contained on any Third Party Websites.
11. SUBMISSIONS. We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. Please do not send us any creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) that we have not invited or requested.
If we receive Submissions, the sender automatically grants, or warrants that the owner of such material expressly grants, Grey Box the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, exploit in all media and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Grey Box chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender – to the extent legally permissible - waives any rights to assert all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Grey Box relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
We reserve the right to change, modify, add to, supplement delete or adapt any of the terms and conditions of this Agreement from time to time including (without limitation) in the event of modifications to the Services, technical changes or changes of legal regulations. If you have created a User Account with us and we change this Agreement, we will inform you of these changes via email. If you do not agree with the changes, you must stop accessing or using the Services by the time the changes go into effect. Your continued use of the Services following the effective date of the changes constitutes your complete and irrevocable acceptance of any and all such changes.
13. NOTICE. In accordance with provisions in this Agreement requiring Grey Box give notice to you, Grey Box will do so by means of a general notice on its website, electronic mail to your email address on record in your User Account (if you have created a User Account), or by other form of written communication, the choice of which being at Grey Box’s discretion. Any provisions in this Agreement requiring you to give notice to Grey Box can be done so by means of email to: firstname.lastname@example.org or by first class mail, postage prepaid, or overnight courier to:
2415 West Alabama, Suite #208
14. TERMINATION AND SUSPENSION OF YOUR USER ACCOUNT. TERMINATION OF THESE TERMS OF SERVICES
Termination for Cause
Our and your statutory rights to close your User Account and terminate these Terms of Service for good cause remain unaffected by these Terms of Service.
If such a termination for cause is prompted by a breach of a contractual obligation under these Terms of Service from our side, you are entitled to a refund for any payments made by you to us for purchases that at the time of termination have not been used by you in exchange for other in-app purchases; This does not apply to purchases not made from us. Other than that, you will not be entitled to any refunds or compensation.
Suspension or termination by us
If you are in breach of this Agreement (including the Code of Conduct, rules of Third Party Channels, or any applicable EULA), then we may, at our reasonable discretion depending on the seriousness of the breach, take some or all of the following actions:
If we suspend your User Account, then during the period of that suspension you will not be able to access your User Account or use any of the Services. If we close your User Account and terminate these Terms of Service, then you will never be able to access your User Account and we may also prohibit you from accessing or using the Services in future.
We can also suspend your access to any additional functionalities (such as “chats”) of our Services.
We will only close your User Account and terminate these Terms of Services in serious circumstances where we consider that a suspension is not sufficient, such as a very serious violation of these Terms of Service, or a repeated violation. If you believe that we have suspended or closed your User Account in error, please contact our customer support at email@example.com.
Termination of Your User Account and of these Terms of Service without cause
Please note that any in-app purchases made from us or a third party are directly linked to the existence of your User Account. If you decide to close your User Account and terminate these Terms of Service without cause, you will lose any in-app purchases accessible from that User Account at the time of the termination. You will then only be entitled to a pro-rata refund of payments made by you to us for any premium membership active for your Account at the time of termination (if applicable). Other than that, you will not be entitled to any refunds or compensation.
This present section does not limit your statutory rights of withdrawal (if any).
If Grey Box has issued a termination notice without cause or if we cease operating the respective Services, you will be entitled to a pro-rata refund of payments made to us for any premium membership, or unused virtual currency [or: for purchases that at the time of termination have not been used by you in exchange for other in app purchases] active for your Account at the time of termination (if applicable).
15. WARRANTY DISCLAIMER. SUBJECT TO SECTION 17 HEREAFTER, THE SERVICES ARE PROVIDED “AS IS.” GREY BOX DOES NOT MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES OR THEIR COMMUNICATION FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GREY BOX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. GREY BOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD PARTY WEBSITES OR BY THIRD PARTY SERVICE PROVIDERS (including, for example, Steam™, PlayStation®, Xbox® One, Nintendo, Apple’s iTunes or AppStore); ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THIS SECTION 15 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THIS AGREEMENT OR ANY DETERMINATION THAT THIS AGREEMENT OR ANY PORTION OF THIS AGREEMENT IS VOID OR VOIDABLE)..
16. LIMITATION OF LIABILITY. SUBJECT TO SECTION 17 HEREAFTER, GREY BOX SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF GREY BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY GREY BOX OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY GREY BOX PRODUCT; OR (E) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION INTERNET SERVICE DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
IN NO EVENT SHALL GREY BOX BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. GREY BOX DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ACCESSING OR USING THE SERVICES. IN THE EVENT GREY BOX CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL GREY BOX BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR ACCESS TO AND USE OF THE SERVICES.
IN CASE OF A MALFUNCTION OR DISRUPTION OF SERVICE FOR WHICH GREY BOX IS RESPONSIBLE THAT PREVENTS YOU FROM COMPLETING THE GAME IN WHICH YOU HAVE BEGUN TO PARTICIPATE, GREY BOX WILL ALLOW YOU TO RE-INSTALL SUCH GAME AND/OR ANY RELATED VIRTUAL GOOD AT NO CHARGE. GREY BOX MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR THAT UNFINISHED GAME AND/OR ANY AFFECTED VIRTUAL GOOD ONLY OR A PRO-RATA PORTION THEREOF. GREY BOX SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PURCHASE OF ANY GAME AND/OR VIRTUAL GOOD OR VIRTUAL CURRENCY REGARDLESS OF THE REASON FOR DISRUPTION. GREY BOX MAY ALSO REFUSE ANY SUCH REFUND FOR ANY SERVICE OR GAME FOR WHICH YOU ARE NOT CHARGED ANY INITIAL FEE. GREY BOX SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Apple’s iTunes or App Store). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. GREY BOX RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER GREY BOX IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. GREY BOX ALSO RESERVES THE RIGHT TO LIMIT YOUR PLAY OR TERMINATE YOUR USER ACCOUNT SHOULD GREY BOX DETERMINE THAT YOU ARE RESPONSIBLE FOR SUCH TERMINATION OF SERVICE, THAT YOU HAVE OTHERWISE VIOLATED THESE TERMS OF SERVICE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF GREY BOX. GREY BOX RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR GREY BOX’S PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. You agree that this limitation of liability as well as any damage exclusions provided above shall apply even if any remedy provided to you fails of its essential purpose.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, GREY BOX’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
17. FOR RESIDENTS OF THE EUROPEAN UNION NOTHING IN THIS AGREEMENT SHALL HOWEVER LIMIT OR EXCLUDE OUR LIABILITY: (a) FOR DAMAGES (i) CAUSED BY INTENT OR GROSS NEGLIGENCE, (ii) RESULTING FROM AN INJURY TO LIFE, BODY OR HEALTH, (iii) CAUSED BY FRAUDULENT MISREPRESENTATION and (iv) WITH REGARD TO PURCHASES MADE FROM US FOR A FEE (IF ANY), DAMAGES RESULTING FROM A VIOLATION OF A GUARANTEE AS TO QUALITY; OR (b) FOR LIABILITY UNDER THE RELEVANT STATUTES/PROVISIONS WHICH REGULATE PRODUCT LIABILITY.
18. FORCE MAJEURE. SUBJECT TO SECTION 17, Grey Box shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Grey Box, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.
a) When you access and use the Services, we may obtain certain information about your computer and its operating system, including but not limited to your IP address(es), browser and browser version, screen resolution, and operating system(s), for purposes of improving the Services, and to enforce the provisions of this Agreement.
b) We may, with or without notice to you, disclose your Internet Protocol (IP) address, personal information, and other information about you and your activities (i) in response to a request by law enforcement, a court order or other legal process or (ii) if, in our reasonable discretion, we believe that doing so may protect your safety or the safety of others.
20. NON-U.S. RESIDENTS. The Services are controlled and operated by Grey Box or on Grey Box’s behalf primarily from offices within the State of Texas, United States of America. Grey Box makes no representation that the Materials or Services are appropriate or available for use in other locations;¸your statutory rights and Section 17 of these Terms of Service shall not be affected hereby. Those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and payment of any applicable internet fees or fees charged by an internet service provider. Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. INDEMNITY. You agree to indemnify, defend and hold Grey Box harmless from and against any and all damages, costs, losses and expenses, including reasonable attorney fees and court costs relating to or arising directly or indirectly from any suit, claim, demand or settlement based upon your posting or uploading any content using any Communication Feature (as defined in Section 6 above) or your failure to comply with this Agreement or your violation of any third party right or your violation of any applicable law, rule or regulation of the United States or any other country.
22. INJUNCTIVE RELIEF. You agree that a breach of this Agreement will cause irreparable injury to Grey Box and/or its Third Party Providers for which monetary damages would not be an adequate remedy. Accordingly, Grey Box shall be entitled to seek and obtain equitable relief, including, without limitation, injunctive relief, in addition to any other remedy to which it may be entitled under this Agreement or applicable law, without the need to post bond or other form of security, or provide proof of damages.
b) Governing Law and Location For Bring Actions; Single Actions Only. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States of America and the State of Texas excluding and without giving effect to conflict of law rules and principles. You submit to personal jurisdiction in Texas and further agree that any cause of action relating to this Agreement shall be brought in the applicable state or federal court for Harris County, Texas and such courts shall have exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties hereto. You hereby waive any claim that such venue is improper or inconvenient.
YOU EXPRESSLY AGREE THAT ANY ACTION TO ENFORCE THE TERMS OF THIS AGREEMENT SHALL BE A SINGLE ACTION AND MAY NOT BE COMBINED WITH ANY OTHER ACTION OR OTHERWISE BE PART OF A CLASS ACTION.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
24. MISCELLANEOUS. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from this Agreement, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Sections 8, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 and 24 shall survive the expiration, termination or cancellation of the Services and/or this Agreement. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
25. TRANSLATIONS. If Grey Box has provided You with a translation of the English language version of this Terms of Service, You agree that such translation is provided for Your convenience only and that the English language version, not the translation, of this Terms of Service will be legally binding on You.
Last Updated: October 31, 2017
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