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Polandball: Can Into Space! User Agreement


YOU MUST READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF THIS AGREEMENT BEFORE CLICKING “I ACCEPT” BELOW. IF YOU DO NOT, YOU MUST CLICK “I REJECT” BELOW.

This agreement is entered into by and between TAG and You (as defined below) by clicking “I ACCEPT” below, and the following provisions are agreed upon:


1. Limited Use License

Polandball: Can into Space! software and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, contains copyrighted material, trade secrets and other proprietary material of Alien Pixel Studios and its licensors, licensees and suppliers. The game Polandball: Can into Space! is licensed to You for your use. This license is a non-exclusive limited license to install and use Polandball: Can into Space! yourself, including use over the internet or on a LAN. Your continuing license to use Polandball: Can into Space! is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your right to use Polandball: Can into Space! will immediately end, without any further notification from Alien Pixel Studios or anyone else. Once your license is terminated, you will be obliged to immediately uninstall Polandball: Can into Space! and all of its components.


2. Permitted User Generated Content (“UGC”)

Polandball: Can into Space! gives You the possibility to upload and use images created by You into the Game. Although the Game is not multiplayer and all the content that is uploaded in the Game is only seen by You, You agree that any new image is subject to the following restrictions:

Your images must not contain any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of anyone.

Your images must not contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties without their written authority.

Your images must not be used by You, or anyone else, for any commercial exploitation including, but not limited to, in-game advertising, other advertising or marketing for any company, product or service.

You may not impersonate any employee of TAG or their affiliates, or impersonate any other person (including, without limitation, celebrities).

You may not post or communicate anyone’s real world information (name, address, account name, telephone number, etc.) through the image on websites.

Alien Pixel Studios supports UGC creativity for Polandball: Can into Space! but it's not responsible for any files that is uploaded by You or someone else in the game. Any employee of TAG or their affiliates is not responsible for screenshots or videos that are posted on websites and contains your uploaded images in the game.


3. PRIVACY AND DATA PROTECTION

It is Your responsibility to read, understand and accept the Privacy Policy in effect in connection with Your use of the Service. You acknowledge that TAG may make changes to the Privacy Policy at any time. You also acknowledge that each and every time You click “I ACCEPT” You warrant and represent that You did read, understand and accept the most recent version of the Privacy Policy in effect at that time.

4. SERVICE AND AVAILABILITY

You acknowledge that Service may be interrupted for reasons within or beyond the control of TAG, that TAG cannot and does not guarantee You will be able to use the Game whenever You wish to do so, and that TAG may provide subsequent versions, enhancements, modifications, upgrades or patches related to the Software that You must accept and/or install before You will be able to use the Game.

5. Disclaimer of Warranty

You are aware and agree that use of Polandball: Can into Space! and the media on which it is recorded, if any, is at your sole risk. Polandball: Can into Space! is provided “AS IS.” ALIEN PIXEL STUDIOS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL ALIEN PIXEL STUDIOS OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING Polandball: Can into Space!. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for Polandball: Can into Space!.

7. Controlling Law and Severability

This license is governed by and construed in accordance with the laws of the Romania. Exclusive venue for all litigation shall be in Bucharest, Romania. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.