1. PRIVACY POLICY

   Grey Box™, a division of Redux! Games, LLC, as the data controller, a Texas limited liability company with offices located at 2415 West Alabama, Suite 208, Houston, Texas 77098 USA (“Grey Box”, “we” or “us”) is committed to safeguarding consumer privacy on the Internet and protecting the information that you may provide. This document (“Privacy Policy”) discloses the privacy practices with respect to your access and use of our services, whether through our website www. greybox.com or Grey Box’s online games, blogs, chat rooms, forums, and related services created or controlled by or on behalf of Grey Box (collectively, the “Services”). Your use of the Services or after clicking “I accept” constitutes acceptance of both this Privacy Policy and our Terms of Service.

   This Privacy Policy is intended to provide you with notice of the following:

   1. What personally identifiable information is collected and how it is collected.
   2. Information on the use of cookies.
   3. Our policies concerning children’s personally identifiable information.
   4. How personally identifiable information that we collect is used.
   5. With whom personally identifiable information may be shared.
   6. What choices are available to you regarding the use of your personally identifiable information.
   7. The security procedures in place to protect the misuse of your personally identifiable information.
   8. Links to other websites and inapplicability of our Privacy Policy.
   9. How you can ask questions, or send us comments, about this Privacy Policy.
   10. Residents of the State of California within the U.S, 
   11. Notice of change to the Privacy Policy

   Please be sure to read this Privacy Policy before using the Services or submitting information to us. This Privacy Policy may change from time to time and by clicking “I accept,” logging into the Services, or continuing to use the Services you accept such changes, so please check this Privacy Policy periodically for updates. The terms and conditions of the Terms of Service are incorporated herein by reference (and to the extent of any inconsistency between the Terms of Service and this Privacy Policy, this Privacy Policy shall govern).

   What Personally Identifiable Information Is Collected and How It is Collected

   Personally identifiable information, or personal information, is information that identifies you and may be used to contact you either online or offline. Grey Box collects personal information when you register and create a user account in order to access certain content and/or utilize aspects of the Services. Grey Box may also collect personally identifiable information during the course of your use of the Services and/or in connection with marketing or email campaigns. We do not require, as a condition of participation in any of our Services, that anyone disclose more information than is reasonably necessary for them to participate in an activity.

   The type of personally identifiable information collected will vary depending upon the activity and may include your first and last name; e-mail address; account information for certain third party third sites or networks, such as Facebook and Twitter; account information from third party platforms or consoles such as Sony (e.g., PlayStation^®) Microsoft (e.g., Xbox^® One), Nintendo (e.g., Switch™) and Valve (e.g., Steam™); phone numbers; mailing address; and zip code. We will also collect the contact information of your friends, if you choose to connect your contacts and address book information with Grey Box, and/or if you choose to connect those accounts with your Grey Box account your login credentials to your social network accounts, such as Facebook and Twitter.

   We also may automatically collect certain information when you use our Services, such as a device identifier (but not the UDID), MAC address, Internet Protocol (IP) address (if using a browser), operating system, computer type, software, the browser type, the address of a referring site and your activity on Grey Box. You can enable or disable location services when you use Grey Box at any time, through your browser settings. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above.

   At any time, but only once per calendar year, or as otherwise required under applicable law, you may contact Grey Box to review the personally identifiable information that Grey Box has collected about you. If you discover any errors, please notify Grey Box and the information will be corrected. To review the personally identifiable information that Grey Box has collected about you, send an email to support@greybox.com with the subject line: “Personal Information Review Request.”

   Cookies and Other Tracking Technologies

   We use “cookies” on this website. A cookie is a piece of data stored on a website visitor’s hard drive to help us improve your access to our website and identify repeat visitors to our website. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our website and provide support for the internal operations of the website or some of our online services including apps. Usage of a cookie is not linked to any personally identifiable information on our website.

    

   Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Service may not function properly or may be considerably slower.

    

   Grey Box uses the following cookies on the Site:

   Cookie	Name	Purpose
   Google Analytics	__ga, _gat-UA*	This website also makes use of Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which uses cookies to analyze how users use the site. The information generated by the cookie about your use of the site will generally be transmitted to and stored by Google on servers in the United States. At the request of the website owner, Google will use this information for the purpose of measuring your activity on this website, compiling statistical reports on overall website activity for the website owner and providing other services relating to the activity and internet usage. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of the website. In addition, you can prevent the collection of the data generated by the cookie by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout. The website owner has activated the IP anonymisation; in consequence, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. Further information can be found under http://www.google.com/analytics/terms/gb (Google Analytics Terms of Service & Privacy).
   Session token	sessionid	This is a general purpose identifier used to maintain user session variables, which may include tracking a user’s stage in the signup process, what marketing campaign brought them to the site, and/or similar information used to enhance a user’s experience
   CSRF	csrftoken	Cross Site Request Forgery cookies are used as a security measure to prevent malicious websites and/or programs from using an otherwise authenticated user’s web browser to perform unwanted actions.
   Messages		Occasionally, we may provide messages to individual users and use cookies to track when that user may read the message, allowing us to delete the message at that time.

   We may also use other tracking technologies such as pixel tags, web beacons, or other web programming code from time to time. Such technologies may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Such technologies may be used for a number of purposes, including, without limitation, to count visitors to the service, to monitor how users navigate the service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. Such technologies may also enable us to send email messages in a format users can read, tell us whether mail has been opened, and ultimately allow us to reduce or eliminate messages sent to users. We treat information collected by or from such technologies as non-personal information, unless an Internet Protocol (IP) addresses or similar identifiers may be considered personal information by local law, in which case we treat such information as personal information. To the extent that non-personal information may also be combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

   Children

   We do not knowingly collect personally identifiable information from someone we know to be a child under the age of thirteen (13) without prior parental or guardian consent. IF YOU ARE 13 YEARS OLD OR YOUNGER, Grey Box REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SERVICES OR TO Grey Box. Our websites and application do contain features that may be attractive to children, however, and children should not be granted access to any passwords or use of the parent or guardian’s account without direct monitoring and supervision by the parent or guardian. Grey Box is not responsible for any unauthorized use of accounts, and we encourage everyone to protect their passwords and not disclose them to anyone. If Grey Box discovers that a child age 13 or younger has provided us with personally identifiable information, we will delete that child’s personally identifiable information from our records.

   How Personally Identifiable Information is Used

   We will only collect information to the extent necessary for us to provide our Services. We will also use personally identifiable information to: provide you with any information or material you may request from us and to process or complete any transactions; respond to your e-mails, questions or comments; analyze usage and trends and personalize and improve Grey Box and your experience when you use our Services such as suggesting content or features that may match your interests and level of gaming experience; send you confirmations, updates, security alerts and support messages; find and connect with your friends and contacts (with your permission); pair you with a user of our mobile applications who has first provided your personally identifiable information (such as your phone number or e-mail address) in order to be paired with you in connection with using our mobile applications; alert you of new products, promotions, special events and offers; and, for any other purpose for which the personally identifiable information was collected. We may also use personally identifiable information to allow us to deliver messages to your personal accounts on certain third party sites or networks, such as Facebook and Twitter. We may also need to use your personally identifiable information to (1) respond to subpoenas or court orders, (2) to establish or exercise our legal rights or defend against legal claims, (3) protect the safety or property of our employees, contractors, customers, users or others or (4) to the extent otherwise required by applicable law.

   If at any time you wish to opt-out from having your personally identifiable information used in order to send you emails from Grey Box about new products, services, or promotions (i.e., marketing emails), you may contact us at support@greybox.com with the words “Opt Out” in the subject line of your email.

   Sharing, Selling or Renting of Information

   Except as described in this Privacy Policy, we do not sell, rent, or give any retained customer information to third parties outside of what is necessary to provide the Services. Such third parties have access to personally identifiable information needed to perform their functions, but may not use it for other purposes. Included among the personally identifiable information that we may share with third parties in connection with providing the Services are email addresses and/or certain other personally identifiable information that we may share with our Third Party Providers (as defined in the Terms of Service). We may also share personally identifiable information with the following: with your friends with whom you want to share information related to your use of a Grey Box mobile application or product, including messages or communications regarding your use of a mobile application, subject to the preferences you have set for such sharing; certain social networking services, if you have allowed such sharing to occur; to third party users of mobile applications who have provided your personally identifiable information (such as your  when you have first given us your consent to share personally identifiable information.

   We may also disclose personally identifiable information to third parties in order to comply with the law or requests by law enforcement agencies, to enforce our Terms of Service, or to protect the rights, property or safety of our website, users of our website and others. We may also share with third parties general information that does not include personally identifiable information, such as demographic, analytical or aggregated non-personally identifiable information.

   In the event we are acquired by or merged with another company we may transfer your personally identifiable information to the new company.

   The information you provide may also be collected, shared, and/or retained by one or more of our service providers, including individuals or entities that we retain to perform some or all of our business operations or who provide support to our business operations (and which include Third Party Providers), all acting on our behalf or for our benefit and in a manner consistent with this Privacy Policy.  References in this Privacy Policy to “Grey Box”, “us” or “we” include such individuals or entities.

   Your Access to and Control Over Your Personally Identifiable Information

   You may request that we delete your user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at support@greybox.com with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Services, please email us at support@greybox.com with the words “Delete My Information” in the subject line.

   How Your Personally Identifiable Information Is Protected

   The security of your personally identifiable information is important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. However, please understand that no security measure is perfect or impenetrable and therefore we cannot guarantee the absolute security of your personally identifiable information.

   We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

   Grey Box is a U.S. based company and information you provide to Grey Box will be transferred, stored and/or accessed from the United States.

   Bulletin Boards and Chat Areas: Users of the Services are solely responsible for the content of messages they post on public forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number), as well as other personal ideas, photographs, writings, music, comments, suggestions and other materials (collectively “User Content”); on the bulletin boards, blogs, or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

   Please note that Grey Box does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. Grey Box is not responsible for the privacy or security of any information that you make publicly available on through the Services or what others do with information you share with them on the Site. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Services.

   Links to External Sites and Social Media

   Grey Box’s websites may contain links to other websites, including without limitation social media sites such as Facebook and Twitter. To the extent allowed by law, we are not responsible for the content or privacy practices of such other websites. This Privacy Policy does not apply to third party websites and we encourage our users to be aware when they leave our websites and to read the privacy statements of any other website that collects personally identifiable information since your rights will be governed by those third party policies.

   How You Can Ask Questions or Send Us Comments About This Privacy Policy

   Grey Box welcomes your comments regarding this privacy policy. If you have questions about this policy or have technical or general support questions, please contact us at support@greybox.com. You may also write to us at:

   Grey Box

   2415 West Alabama, Suite #208

   Houston, Texas 77098

   Residents of the State of California within the U.S.

   Beginning on January 1, 2005, California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Grey Box has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want additional information confirming how Grey Box does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at support@greybox.com with the words “California Privacy” in the subject line of your email.

   Notice of Changes to this Privacy Policy

   We may change this Privacy Policy at any time by posting a notice of the change. All changes will be effective when posted.

   Translations

   If Grey Box has provided You with a translation of the English language version of this EULA, You agree that such translation is provided for Your convenience only and that the English language version, not the translation, of this EULA will be legally binding on You. 

   Last Updated: February 23, 2017

    

   TERMS OF SERVICE

   1.               INTRODUCTION. These terms of service, as amended from time to time (“Terms of Service”), together with any applicable End User License (“EULA”) and any other rules and terms agreed with you, are a legal agreement between Grey Box, a division of Redux! Games, LLC, a Texas limited liability company with offices located at 2415 W. Alabama, Suite 208, Houston, Texas 77098 USA, its affiliates and any of their respective successors or assigns (collectively, “Grey Box,” “we” or “us”) and you regarding your use of Grey Box’s websites or applications created or controlled by Grey Box (collectively, the “Services”).  The Services are offered to you by Grey Box and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may carry out or assist in the development, hosting, operation, distribution, marketing, publication or exploitation of the Services.  Your access to and the use of the Services is subject to your acceptance of and compliance with the terms, conditions, policies and notices contained herein (the “Agreement”). Your access to and use of the Services constitutes your acceptance, without modification, of this Agreement and also our Privacy Policy.  In addition, we require your express acceptance to this Agreement and the Privacy Policy, the terms of which are incorporated herein by reference, when you register to access and use the Services.  If you do not agree to be bound by this Agreement or the Privacy Policy, then you are not permitted to register for access or use of the Services and are not to use or access the Services.

    

   2.               GRANT OF LIMITED LICENSE TO USE THE SERVICES. ACCESS TO THE SERVICES.

   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.

   3.               REGISTRATION.

   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.

   c) Security of Your User Account and Login Information. In the event that you become aware of or suspect unauthorized use of your User Account or Login Information or any other breach of security, you agree to immediately notify Grey Box of such use pursuant to the Notice provision below, and ensure that you secure your User Account, Login Information and computer from unauthorized access and use. Once we are notified of any unauthorized use or breach of security, we will attempt to reset your Login Information, which may require you to provide us with a new username or password. In accordance with our Privacy Policy, we have implemented technical, administrative and physical security measures to help safeguard and prevent unauthorized access, use or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of Third Party Providers that we may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. To the extent allowed by law and subject to Sections 15, 16 and 17 of these Terms of Service, Grey Box hereby disclaims any liability for security breaches, access to or disclosure of your personal information or the unavailability of the Service or any delay or failure to perform resulting from any causes whatsoever.

   d) No Ownership of Your User Account. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Grey Box. For clarification, this shall not affect any of your rights under applicable privacy laws and our Privacy Policy, or any accrued rights (such as in content you may have purchased in accordance with this Agreement).

   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.

   USER CONTENT

   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:

a)     any part of the User Content which comprises or incorporates any of our intellectual property rights remains our property;

b)     you must not upload any User Content that belongs to anyone else unless you have the respective right owner’s authorization to do so; 

c)     you must not upload any User Content that infringes the intellectual property rights or privacy or any other rights of anyone else or which is illegal or breaches these Terms of Service;

d)     you waive and agree not to assert any moral rights or similar rights you may have in User Content against us;

e)     you are solely responsible and liable for your User Content;

f)      you must not in any way claim or suggest that any User Content is endorsed, supported by, or affiliated with us;

g)     the User Content must comply with all applicable laws and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us;

h)     if we believe that your use or uploading of User Content breaches any of these conditions, we may remove, block, edit, move or disable such User Content; and

i)      if you contravene any of these conditions, we reserve the right to suspend or permanently remove availability of your User Content and to take any other steps which we consider appropriate.

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.

LINKS

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.

9.               REPORTING INFRINGEMENTS; DIGITAL MILLENNIUM COPYRIGHT ACT.

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 copyright@6ft.com 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:

Grey Box

Attn: DMCA Agent

2415 West Alabama, Suite #208

Houston, Texas 77098

Phone: +1.713.522.4638

Email: support@greybox.com

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 support@greybox.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.

 

12.            CHANGES TO THE AGREEMENT.

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: support@greybox.com or by first class mail, postage prepaid, or overnight courier to:

Grey Box

2415 West Alabama, Suite #208

Houston, Texas 77098

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:

(a)   suspend your User Account for a short period of time; 

(b)   suspend your User Account for a longer period of time; and

(c)   close your User Account and terminate these Terms of Service.

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 support@greybox.com.

Termination of Your User Account and of these Terms of Service without cause

Provided that no fixed term has been agreed, you and Grey Box may terminate these Terms of Service and close your User Account without cause at any time [provided that we will give you prior notice]. You can do so by contacting Grey Box and deleting your User Account as set forth in the Privacy Policy and then subsequently no longer accessing or using the Services. We can do so by notifying you as set out herein.

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.

 

19.            IMPROVING THE SERVICE AND PROTECTION FROM UNAUTHORIZED THIRD PARTIES. In accordance with the terms and conditions of this Agreement and our Privacy Policy, and for purposes of monitoring and improving our quality of service in accordance with applicable law and in as far as you have not objected, identifying Unauthorized Third Party Programs (as defined herein) and enforcing the terms and conditions of this Agreement, you hereby acknowledge and agree that:

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.

 

23.            DISPUTE RESOLUTION AND GOVERNING LAW

 

a)               Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement or the Privacy Policy (“Dispute”), you and Grey Box agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section above.

 

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 und 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