PUPPET MASTER GAMES END USER LICENSE AGREEMENT
PUPPET MASTER GAMES® END USER LICENSE AGREEMENT
LAST REVISED JANUARY 5, 2018
THIS VERSION OF THE PUPPET MASTER GAMES END USER LICENSE AGREEMENT WILL BECOME EFFECTIVE ON JANUARY 5, 2018.
YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING PUPPET MASTER GAMES’S ONLINE GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.
Thank you for your interest in Puppet Master Games, LLC online gaming platform and interactive games, who makes its games available for purchase and use on and through the Platform (collectively, the “Games”). Except as otherwise provided below, use of the Platform is licensed to you by Puppet Master Games, LLC., a California Limited Liability company (Puppet Master Games, LLC., is referred to herein as “Puppet Master Games”, “we,” or “us”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform. The term “Platform,” as used in this Agreement, means and refers collectively, and at times individually, to (1) the Puppet Master Games App Client software, (2) the gaming services offered and administered by Puppet Master Games in connection with the Puppet Master Games App Client and the Games, (3) each of the Games (including any authorized mobile apps relating to the Games), (4) Puppet Master Games’ Game-related websites and their associated forums, and (5) all features and components of each of them, whether installed or used on a computer or mobile device. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE PUPPET MASTER GAMES PLATFORM. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN FOURTEEN (14) DAYS AFTER YOUR PURCHASE OF A GAME FROM PUPPET MASTER GAMES, YOU MAY CONTACT PUPPET MASTER GAMES AT ITS WEBSITE: “www.Puppetmastergames.com” TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT GAME. IF YOU PURCHASED A GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.
1. The Platform.
A. The Puppet Master Games Account. To use the Platform, you must register, or have previously registered, an account on the Platform (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
i. You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Puppet Master Games from using the Platform.
ii. When you create or update an Account, you must:
2. select a unique username and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
iii. To play Games on the Platform, you will need to add a Game license to an Account, which requires an authentication code generated by Puppet Master Games. If you purchase a Game digitally from Puppet Master Games, the authentication code will be assigned to the Account when you purchase the Game.
iv. Please take a few moments to review Puppet Master Games’ Account Security information here. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Puppet Master Games at support@PuppetMasterGames.com.
v. Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on the Platform, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
vi. Your use of the Platform to interact with Puppet Master Games and other players is governed by Puppet Master Games’ Code of Conduct (the “Code of Conduct”) and applicable in-game policies (the “In-game Policies”). The Code of Conduct and In-Game Policies are not meant to be exhaustive. The Code of Conduct and In-Game Policies are incorporated into this Agreement by this reference, and are available on Puppet Master Games’ Customer Support database, located at: puppetmastergames.com.
vii. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically (e.g., debited from your Puppet Master Games Balance or charged to your credit card) until you cancel the subscription or the Account. Puppet Master Games may revise the pricing for the goods and services offered through the Platform at any time. YOU ACKNOWLEDGE THAT PUPPET MASTER GAMES IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO PUPPET MASTER GAMES FOR USE OF THE PLATFORM, OR FOR DIGITAL PURCHASES MADE THROUGH THE PLATFORM, FOR ANY REASON.
viii. Puppet Master Games shall have the right to monitor and/or record your communications when you use the Platform, and you acknowledge and agree that when you use the Platform, you have no expectation that your communications will be private. Puppet Master Games shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Puppet Master Games policy; (c) to protect Puppet Master Games’ legal rights and remedies; (d) to protect the health or safety of anyone that Puppet Master Games believes may be threatened; or (e) to report a crime or other offensive behavior.
B. Grant of License. If you accept and comply with the terms of this Agreement, Puppet Master Games will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth in Section 1.C below, as follows:
i. You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.
ii. You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
iii. You may not transfer your rights and obligations to use the Platform.
iv. Some of the Games may be subject to specific license terms that may include the following:
1. Trial or “Starter” versions of Games allow you to play a limited version of the Game before you will be required to purchase a Game license from Puppet Master Games. Licenses to use the full version of these Games can be purchased through the Platform.
2. In certain cases, the “full version,” of Games can only be played after you purchase and add a Game license to your Account.
3. You may play the Game(s) you have licensed at authorized publicly-available cyber cafés or computer gaming centers on the Platform through an Account registered to you.
4. Certain Games may be obtained through the Platform, but may not be playable on the Platform. In such an event, the Game will be provided with a separate End User License Agreement that will govern your installation and use of the Game post purchase.
5. Games which are produced by Puppet Master Games’ Licensors and distributed through, and/or played upon, the Platform will require that you agree to the Licensor’s End User License Agreement prior to your being able to play the Game on the Platform, and the terms and conditions of Licensor’s End User License Agreement are hereby incorporated into this Agreement by this reference. In the event of a conflict between the terms between this Agreement and a Licensor’s End User License Agreement pertaining to the use of the Licensor’s Game, the Licensor’s End User License Agreement shall supersede and govern your use of the Licensor’s Game. However, in the event of a conflict between the terms of this Agreement and the Licensor’s End User License Agreement pertaining to any other aspect of the Platform, this Agreement shall supersede and govern your use of the Platform.
C. License Limitations. Puppet Master Games may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
i. Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.
ii. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
1. cheats; i.e. methods, not expressly authorized by Puppet Master Games, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
2. bots; i.e. any code and/or software, not expressly authorized by Puppet Master Games, that allows the automated control of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game;
3. hacks; i.e. accessing or modifying the software of the Platform in a manner, not expressly authorized by Puppet Master Games; and/or
4. any code and/or software, not expressly authorized by Puppet Master Games, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
iii. Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Puppet Master Games, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.v.3.); (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Puppet Master Games’ Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
iv. “esports”: Use the Platform for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Puppet Master Games or obtaining Puppet Master Games’ prior written consent. For more information on obtaining appropriate authorization, please visit Puppet Master Games’ website.
v. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that Puppet Master Games may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
vi. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.
vii. Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by Puppet Master Games in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Puppet Master Games), or as part of content aggregation networks.
viii. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Puppet Master Games.
ix. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.
x. Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of Puppet Master Games’ Platform in any way, including:
1. Disrupting or assisting in the disruption of any computer used to support the Platform or any Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
2. Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Puppet Master Games’ Code of Conduct or In-Game Policies.
xi. Violation of Laws: use the Platform to violate any applicable law or regulation.
D. Platform and Game-Specific Features.
i. Platform Features
2. Puppet Master Games Balance.
a. As an active Account holder, you may participate in the Puppet Master Games Balance service (“Puppet Master Games Balance”). Puppet Master Games Balance can only be used to obtain certain products and services offered by Puppet Master Games; it has no cash value. Puppet Master Games grants you a limited license to acquire, use, and redeem Puppet Master Games Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Puppet Master Games Balance is non-transferable to another person or Account, does not accrue interest, is not insured by the Federal Deposit Insurance Corporation (FDIC), and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from Puppet Master Games at any time. Puppet Master Games Balance does not constitute or confer upon you any personal property right. Puppet Master Games Balance is not a bank account. And, while you can register and play on multiple Accounts, you are not allowed to have more than three (3) Accounts with Puppet Master Games Balance.
b. Puppet Master Games will not send you a statement of itemized transactions for your Puppet Master Games Balance. In order to check the balance of your Puppet Master Games Balance or review your recent Puppet Master Games Balance transactions, go to www.puppetmastergames.com. You are solely responsible for verifying that the proper amount of Puppet Master Games Balance has been added to or deducted from your Puppet Master Games Balance.
c. Sales tax may apply to your redemption of Puppet Master Games Balance for products or services purchased through the Platform in some jurisdictions. The amount of tax charged depends upon many factors, including the type of product or service purchased.
d. Puppet Master Games reserves the right to reduce, liquidate, deactivate, suspend or terminate your Puppet Master Games Balance, or other Platform features if Puppet Master Games determines, in its sole discretion, after investigation, that you have violated this Agreement, including the license limitations set forth in Section 1.C., misused Puppet Master Games Balance, or have otherwise used Puppet Master Games Balance to conduct any fraudulent or illegal activity.
e. You are responsible for all uses of your Puppet Master Games Balance. If you suspect that your Puppet Master Games Balance has been compromised, you should contact Puppet Master Games Customer Service at support@PuppetMasterGames.com so that the matter can be investigated. Puppet Master Games, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Puppet Master Games has the information that Puppet Master Games deems necessary to verify your claim, Puppet Master Games will take actions to freeze your Account until Puppet Master Games has returned control of your Account to you. Regardless of any actions Puppet Master Games may take on your behalf, you acknowledge and agree that Puppet Master Games has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
3. Advertising. The Platform may incorporate third-party technology that enables advertising on the Platform and/or in certain Games playable on the Platform, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Puppet Master Games and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
4. User Created or Uploaded Content. The Platform may provide you an opportunity to upload and display content on the Platform, such as on the Puppet Master Games forums, and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1.D.ii.1. below. You hereby grant Puppet Master Games a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Puppet Master Games shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to Puppet Master Games any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and Puppet Master Games, and Puppet Master Games may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and Puppet Master Games. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Puppet Master Games may remove any User Content and any related content or elements from the Platform at its sole discretion.
ii. Game Features.
1. Game Editors. Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is set forth in the Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference, and which can be found at www.puppetmastergames.com. Puppet Master Games may modify, remove, disable, or delete Custom Games at any time in its sole and absolute discretion.
2. Community Tournaments. In order to support local esports tournament activities, Puppet Master Games provides a license program for organizers of community tournaments under its Community Competition License, which can be found at www.puppetmastergames.com.
3. Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games may be made available to you through the Platform for testing (“Beta Test”). Your participation in a Beta Test through the Platform will be governed by the following:
a. Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
1. Puppet Master Games must designate you to participate in a Beta Test (a “Beta Tester”);
2. The Account that you will use to participate in the Beta Test must be in good standing;
3. If the Beta Test is to test an expansion to a Game, then the Account must be upgraded with all previous expansions to that particular Game;
4. You agree to allow Puppet Master Games to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test System”) prior to registration for the Beta Test in order for Puppet Master Games to determine if you are eligible to participate in the Beta Test; and
5. The Beta Test System must meet the specifications which Puppet Master Games determines are required for the Beta Test.
b. Confidentiality. If Puppet Master Games announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Puppet Master Games informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
1. Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
2. Information related to the Game that you are Beta Testing, such as the Game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Game, etc.
c. Beta Tests and Real Money Features. Certain Games may have features that will allow you to purchase licenses to use digital items or services through the Game’s interface. If you purchase a license to use a digital item or service through the Game’s interface during a Beta Test, all purchases are subject to the Terms of Sale. Puppet Master Games will not provide you with a refund for your purchase of a digital item or service, and in some cases, items or services purchased during a Beta Test may not transition to the retail release version of a Game. In those cases, Puppet Master Games will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during a Beta Test once the Beta Test has concluded.
d. Feedback. During and after the Beta Test, you may be provided with an opportunity to give Puppet Master Games your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to Puppet Master Games in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Puppet Master Games via electronic mail.
e. Acknowledgments. You acknowledge that:
1. the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
2. you have, or will, back-up your hard drive prior to installation of the Beta;
3. you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
4. Puppet Master Games is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
5. Puppet Master Games may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
6. Puppet Master Games may delete or modify the information stored by the Platform or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
7. Puppet Master Games may transfer software program files to the Beta Test System, including a program that will collect and send Puppet Master Games CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
8. You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Puppet Master Games’ express authorization.
f. Termination. Puppet Master Games can terminate a Beta Test at any time. When Puppet Master Games terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from Puppet Master Games in connection with the Beta Test, and you may be asked by Puppet Master Games to remove any elements of the Beta from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test has been installed. You agree and acknowledge that Puppet Master Games’ termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, and refunds for time purchased, etc.
g. Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1.D.ii.3. shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1.D.ii.3. Additionally, Section 1.B.iv., and 1.B.v.3. of the Agreement are specifically excluded from the use of a Beta.
2. Puppet Master Games’ Ownership.
A. With the sole exception of the Licensors’ Games, if any, Puppet Master Games is the owner or licensee of all right, title, and interest in and to the Platform, including the Games that are produced and developed by Puppet Master Games (“Puppet Master Games Games”), Custom Games derived from a Puppet Master Games Game, Accounts, and all of the features and components thereof. The Platform may contain materials licensed by third-parties to Puppet Master Games, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Platform (which do not include content or components of the Licensors’ Games), are owned or licensed by Puppet Master Games:
i. All virtual content appearing within the Platform, including the Puppet Master Games’ Games, such as:
1. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
2. Narrations: Themes, concepts, stories, and storylines;
3. Characters: The names, likenesses, inventories, and catch phrases of Game characters;
4. Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;
ii. All data and communications generated by, or occurring through, the Platform;
iii. All sounds, musical compositions, recordings, and sound effects originating in the Platform;
iv. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
v. Computer code, including but not limited to “Applets” and source code;
vi. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;
vii. All Accounts, including the name of the Account and any Battle Tags associated with an Account. All use of an Account shall inure to Puppet Master Games’ benefit. Puppet Master Games does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
viii. All Moral Rights that relate to the Platform, including Custom Games derived from a Puppet Master Games Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
ix. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Platform, except as expressly set forth in this Agreement or otherwise by Puppet Master Games in certain contest rules, Puppet Master Games’ Fan Policies, or addenda to this Agreement.
x. All right, title and interest in and to Puppet Master Games’ websites. The websites and all associated proprietary rights are owned by Puppet Master Games or its licensors, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or Puppet Master Games’ permitting you to use the websites.
3.Pre-Loaded Software. The Platform may contain additional software that requires you to agree to additional terms prior to your use thereof (“Additional Software”).
A. Installation. You agree that Puppet Master Games may install Additional Software on your hard drive as part of the installation of the Platform, and from time to time during the term of this Agreement.
B. Use. Unless Puppet Master Games grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Puppet Master Games grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement.
C. Copies. You may make one (1) copy of the Additional Software for archival purposes only.
4.Consent to Monitor. WHILE RUNNING, THE PLATFORM (INCLUDING A GAME) MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE’S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.C. ABOVE. IN THE EVENT THAT THE PLATFORM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE PLATFORM MAY COMMUNICATE INFORMATION BACK TO PUPPET MASTER GAMES, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) PUPPET MASTER GAMES MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Puppet Master Games in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Puppet Master Games receiving and/or using this data.
5.Limited Warranty. THE PLATFORM, ACCOUNTS, AND THE GAME(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Platform and the Game(s) remains with the user. Notwithstanding the foregoing, Puppet Master Games warrants up to and including ninety (90) days from the date of your purchase of a license to the Game, that the physical media on which the Game was distributed, if any, shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Puppet Master Games of proof of purchase of the defective media, Puppet Master Games will at its option: (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some jurisdictions do not allow the exclusion or limitation of implied warranties so the above limitations may not apply to you.
If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Puppet Master Games’ option. To submit a warranty claim to Puppet Master Games, please contact Puppet Master Games at its website address set forth above. The user is responsible for the costs of returning media to Puppet Master Games.
6.Limitations of Liability. Puppet Master Games, its parent, subsidiaries, Licensors and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Platform or Account(s). Puppet Master Games’ liability shall never exceed the total fees paid by you to Puppet Master Games during the six (6) months prior to your making a claim against Puppet Master Games. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Puppet Master Games’ liability shall be limited to the fullest extent permitted by law.
7.Indemnity. You hereby agree to defend and indemnify Puppet Master Games, its parent, subsidiaries, Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Puppet Master Games arising out of or from your use of the Platform or Account(s), or any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, Puppet Master Games Balance, and this Agreement.
8.Equitable Remedies. You agree that Puppet Master Games would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Puppet Master Games shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Puppet Master Games will not limit its ability to receive remedies that are otherwise available to Puppet Master Games under applicable laws.
A. Alterations to the Agreement.
i. Puppet Master Games’ Rights. Puppet Master Games may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.
ii. New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
1. Acceptance. If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue using the Platform and Account(s), subject to the terms of the New Agreement.
2. Rejection. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Platform or Account(s).
B. Alterations to the Platform. Puppet Master Games may change, modify, suspend, or discontinue any aspect of the Platform or Accounts at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. Puppet Master Games may also impose limits on certain features or restrict your access to parts or all of the Platform or Accounts without notice or liability.
10.Term and Termination.
A. Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that Puppet Master Games chooses to cease providing the Platform, or license to a third party the right to provide the Platform, Puppet Master Games shall provide you with no less than three (3) months prior notice. Neither the Platform nor Puppet Master Games’ agreement to provide access to the Platform shall be considered a rental or lease of time on the capacity of Puppet Master Games’ servers or other technology.
i. You are entitled to terminate this Agreement at any time by notifying Puppet Master Games by email at support@PuppetMasterGames.com.
ii. Puppet Master Games reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Puppet Master Games may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
iii. In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Platform.
11. Dispute Resolution.
(a) Any and all disputes between you and Puppet Master Games which arise out of this Agreement will be resolved in accordance with the Puppet Master Games Dispute Resolution Policy, which is available for your review. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, or arising out of or relating in any way to this Agreement, shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with the then-current JAMS Arbitration Rules and Procedures for Employment Disputes, as modified by the terms and conditions contained in this paragraph. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will split 50/50 the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). The arbitrator shall be instructed to award reasonable attorneys’ fees and costs to the prevailing party. Any dispute as to who is a prevailing party and/or the reasonableness of any fee or cost shall be resolved by the arbitrator.
(b) Except as may be necessary to enter judgment upon the award or to the extent required by applicable law, all claims, defenses and proceedings (including, without limiting the generality of the foregoing, the existence of a controversy and the fact that there is an arbitration proceeding) shall be treated in a confidential manner by the arbitrator and all those involved inText Box: the proceeding. Any controversy relating to the arbitration presented to a court shall be filed under seal to the extent permitted by law.
12. Governing Law.
A. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles.
B. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
C. If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
D. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
A. The Platform may not be used, re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. 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.
B. Puppet Master Games may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Puppet Master Games’ prior written consent. Your assignment of this Agreement without Puppet Master Games’ prior written consent shall be void.
C. Puppet Master Games’ failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Puppet Master Games may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
i. If to Puppet Master Games.
If you are a resident of the United States, Canada, or Mexico, all notices given by you under this Agreement shall be in writing and addressed to: Puppet Master Games Entertainment, Inc., 961 S Gretna Green Way, Los Angeles CA 90049.
ii. If to You. All notices given by Puppet Master Games under this Agreement shall be given to you either through written notice, email, or website blog post.
E. Puppet Master Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Puppet Master Games, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
G. This Agreement, along with Puppet Master Games’ other applicable agreements located at www.puppetmastergames.com constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
H. The provisions of Sections 1, 2, 5, 6 , 7, 8, 9, 10, 11, 12, and 13 shall survive termination of this Agreement for any reason.