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Monster Prom 3: Monster Roadtrip User Agreement
YOU MUST READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF THIS AGREEMENT BEFORE CLICKING “I AGREE” BELOW. This agreement is entered into by and between Beautiful Glitch and You (as defined below) by clicking “I AGREE” below, and the following provisions are agreed upon:
1. CONDUCT
While playing “Monster Prom 3: Monster Roadtrip” (the “Game”), You must respect the rights of others and their rights to play and enjoy the Game. To this end, You may not defraud, harass, threaten, embarrass or cause distress and/or unwanted attention to other players. This includes posting insulting, offensive, or abusive comments about players, repeatedly sending unwanted messages, reporting players maliciously, attacking a player based on race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
You may not post or communicate any player’s real world information (name, address, account name, telephone number, etc.) through the Game or websites.
You may not create character names or otherwise transmit, post, link to or facilitate the distribution of any sexually explicit, harmful, threatening, abusive, defamatory, infringing, obscene, hateful, vulgar, racially or ethnically offensive, invasive of personal privacy or publicity rights, or objectionable in a reasonable person’s view imagery or content.
You may not impersonate any employee of Beautiful Glitch or their affiliates, or impersonate any other person (including, without limitation, celebrities).
You may not violate any local, state, national, or international laws or regulations.
You may not provide false information or intentionally hide any information when registering for Your Game through Your applicable platform account (i.e., Steam, etc.) (the “Applicable Platform Account”).
You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running the Game.
You will not exploit any bug in the Game and You will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game.
2. INTELLECTUAL PROPERTY
General Considerations
Except as otherwise set forth in this Section 2, You acknowledge, and further agree, that You have no IP right related to any Service, Content, Software, or any combination of the foregoing or parts thereof except the limited license provided in Section 1 above.
You acknowledge, and further agree, that You have no IP right related to any Account ID, any Account Display Name, any Beautiful Glitch Message Board ID, any communication or information on any Beautiful Glitch Message Board provided by You or anyone else, any information, feedback or communication related to the Game, any Character ID or characteristics related to a Character ID, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Service, Content, Software, or parts thereof. To the extent You may claim any such IP right(s), You hereby grant Beautiful Glitch a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to Beautiful Glitch includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). You further agree to defend, indemnify and hold harmless Beautiful Glitch with respect to any claim by third-parties that any such license to any such IP right(s) misappropriates, violates or infringes any third-party IP right or other proprietary right.
User Generated Content
We encourage You to create and share Your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). We also encourage streaming and recording Your game play and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider Your streams and videos containing our Game “User Generated Content”.
We want You to create and express Yourself freely, and You retain all rights in and to Your User Generated Content. By sharing Your User Generated Content with the Community, You grant Beautiful Glitch an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute Your User Generated Content solely in connection with our Games.
However, User Generated Content shared with the community or Beautiful Glitch must comply with any Community Guidelines we provide and this End User License Agreement. Failure to comply with any of the terms contained therein may result in appropriate remedial action (including without limitation, banning or suspending your access to the Game through your Applicable Platform Account), and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to You herein.
It is important that You comply with any Community Rules and Restrictions we provide when linking or sharing any User Generated Content. Our Privacy Policy is also important in connection with User Generated Content, as we may collect, store, and share Your User Generated Content pursuant to that policy.
Modding
We may make available, or have others make available, modding tools, our source engine, or other tools for player modification purposes (herein the “Software Development Kit” or “SDK”). These tools are considered proprietary assets in and to the Game (“Game Assets”) and are in and of themselves subject to the same licensing restrictions set forth in this Agreement, provided the following: Players may use the SDK or other modding tools provided by us or authorized by us solely for the purpose of creating non-commercial modifications to and derivative works of the Game. Unless otherwise provided in this EULA, You may use the SDK and modding tools for non-commercial purposes, and solely to develop a modified version of the Game compatible with the lawfully purchased and licensed original source engine of the Game ("Mod"), or to create derivative works of the Game's content (such as new levels, in-game items, and audio-visual inclusions) that are also solely compatible with a legally purchased and licensed version of the original Game ("Derivative Works"). Except as otherwise set forth in this EULA, You may (i) reproduce and distribute the Mods and in object code form solely to licensed end users of the Game, and (ii) reproduce and distribute Derivative Works in object code form, solely to licensed end users of the Game. Any distribution of either Mods or Derivative works is wholly contingent upon the releases being available to players without charge and on a non-commercial basis. You are prohibited from reproducing or distributing the modified version of the Game. You may only distribute the object code of the Mods or Derivative Works. It is understood that Mods or Derivative Works of the Game may only be distributed on a non-commercial basis, and in no event are You authorized to commercialize the same absent Beautiful Glitch’s express written consent. Notwithstanding the foregoing, You grant Beautiful Glitch a non-exclusive, irrevocable, perpetual, universal, and royalty-free right and license to use the Mod or any intellectual property rights relating thereto solely in connection with the sale and promotion of the Game.
Infringing Content
To the extent possible under International Law, Beautiful Glitch is not liable for any copyright infringement arising from any User Generated Content shared with the Community or through our Games or Website. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If You believe that Your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate Your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate Your claim:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to our Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing hello@beautifulglitch.pizza.
If You believe Your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate Your claim or re-post Your content:
1. Your physical or electronic signature;
2. Your name, address, and phone number;
3. Identification of the material and its location before it was removed;
4. A statement under penalty of perjury that the material was removed by mistake or misidentification;
5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
6. Your consent to accept service of process from the party who submitted the takedown notice.
3. PRIVACY AND DATA PROTECTION
It is Your responsibility to review Your rights with respect to Your data pursuant to our Privacy Policy currently in effect and in connection with Your use of the Service. Beautiful Glitch may make changes to the Privacy Policy at any time, notice for which will be conveyed to You on our website. For more information, please see our Privacy Policy at http://monsterprom.pizza/imprint.html.
4. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
By clicking “I ACCEPT” You warrant and represent that You: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself and a minor age 13-17 for whom You are legally permitted to allow access to the Game; or 3) are a minor age 13-17 who has been authorized to click “I AGREE” under the provisions of this Section 4. You are hereby forewarned that Beautiful Glitch may, in its sole and absolute discretion, exercise its right to terminate your access to the game through your applicable platform account or as otherwise implemented by Beautiful Glitch, based on your failure to comply with the criteria above.
Each Account may only be used by one person. If a minor has been allowed access to an Account, only that minor may use the Account thereafter. Except as otherwise set forth in this EULA, You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by You to do so is null and void.
If You are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself and a minor age 13-17 for whom You are legally permitted to allow access to the Game, You can choose to allow use of Your Account by that minor instead of Yourself subject to the following provisions:
You acknowledge, and further agree, that each and every time that minor clicks “I AGREE” they are entering into an agreement with Your consent;
You acknowledge, and further agree, that each and every time that minor clicks “I AGREE” they are entering into an agreement on Your behalf;
You acknowledge, and further agree, that each and every time that minor clicks “I AGREE” You are responsible for all the provisions they have agreed to on Your behalf;
You acknowledge, and further agree, that each and every time that minor clicks “I AGREE” You are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
It is acknowledged and further agreed by the adult that both the adult and the minor are bound by all provisions of any agreement for which that minor clicks “I AGREE” and that the adult has explained the provisions of this Section 4 to the minor, including the fact that both the adult and the minor are jointly and severally responsible under all the provisions of this agreement. In addition, the adult hereby waives all rights to any and all notices under this agreement that may be provided to the minor, and agrees to pay any and all costs, interests or attorney’s fees Beautiful Glitch may be entitled to obtain under this agreement. Accordingly, it is acknowledged and further agreed that the definition of “You” under this agreement includes both the adult at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of themselves, as well as the minor age 13-17 for whom the adult is legally permitted to allow access to the Game;
In consideration for Beautiful Glitch allowing access to the Game by a minor, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Beautiful Glitch with respect thereto; and
The foregoing adult acknowledges and understands that this guarantee is a continuing, unconditional, and irrevocable guarantee to pay for and to defend, indemnify and hold harmless Beautiful Glitch with respect to any claim related to such liabilities. All rights, remedies, and recourses afforded Beautiful Glitch by reason of this guarantee or otherwise are separate, cumulative, and non-exclusive. Such rights, remedies, and recourses may be pursued separately, successively, or concurrently, and any action taken by Beautiful Glitch with respect to such rights, remedies, and recourses shall in no way limit or prejudice any other legal or equitable right, remedy, or recourse which Beautiful Glitch may have.
You acknowledge that the Game is not intended for minors under age 13, and You will not allow access to the Game, or the viewing of any display thereof, by any minor under age 13.
5. SERVICE AND AVAILABILITY
You acknowledge that Service may be interrupted for reasons within or beyond the control of Beautiful Glitch, that Beautiful Glitch cannot and does not guarantee You will be able to use the Game or any Account whenever You wish to do so, and that Beautiful Glitch 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.
6. BEAUTIFUL GLITCH DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND RELEASES
Subject to this Section 6, any service, content or software from Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Glitch, or any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, is provided at Your own risk on an “as available,” “as is” basis in its current condition and without any representation, guarantee, or warranty of any kind or in any way related to service, support, indemnity, error free or uninterrupted operation, updates, correction of defects, or that it is free from defects or viruses or harmful components of any form whatsoever. All such obligations are hereby disclaimed and You hereby acknowledge that Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, expressly disclaim all warranties or conditions of any kind, written or oral, express or implied, statutory or by operation of law, including but not limited to any warranties of title, non-infringement, quiet enjoyment, accuracy, completeness, operability, quality of service, merchantability or fitness for any particular purpose or use. Some states do not allow all such disclaimers of implied warranties, so they may not all apply to You. By entering this agreement to use Beautiful Glitch service, content, or software You accept the foregoing disclaimer of warranties / allocation of risk and agree to release Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, from any and all warranties and obligations to the maximum extent permitted by law. The foregoing are essential terms of this agreement and, if any of these terms are construed as unenforceable, fail in essential purpose, or become void or detrimental to Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, then any license You may have under this agreement shall terminate immediately. Moreover, You acknowledge the foregoing shall survive any expiration or termination of any license, agreement or use related to the game.
Subject to this Section 6, in no event shall Beautiful Glitch, any third parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, or any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing be liable for any direct, indirect, incidental, special, punitive, exemplary, liquidated, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, revenue, data, or profits; or business interruption) however caused or based on any theory of liability (including but not limited to contract, strict liability, tort or any form of negligence) arising in any way related to this agreement or use of the game, even if any remedy fails of its essential purpose and even if advised of the possibility of such damage. Some states do not allow all such limitations of liability, so they may not all apply to You. By entering into this agreement to use Beautiful Glitch service, content or software You accept the foregoing limitation of liability / allocation of risk and agree to release Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, from any and all liabilities, obligations, claims, or demands that may arise under, from or in any way relate to this agreement, directly or indirectly, in excess of an entire and aggregate maximum amount whose total shall not exceed the lesser of: 1) one hundred (100) US dollars; or 2) the amount paid by You in connection with one account in the preceding six (6) months. The foregoing shall apply to the maximum extent permitted by law. The foregoing are essential terms of this agreement and, if any of these terms are construed as unenforceable, fail in essential purpose, or become void or detrimental to Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, then any license You may have under this agreement shall terminate immediately. Moreover, You acknowledge the foregoing shall survive any expiration or termination of any license, agreement or use related to the game.
Nothing in this agreement shall limit Beautiful Glitch’s liability for death or personal injury resulting from its negligence or for fraudulent misrepresentation or for any liability which cannot be excluded by law.
7. GENERAL PROVISIONS
It is Your responsibility to read, understand and accept this agreement in connection with Your use of the Service. You acknowledge that Beautiful Glitch may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only. You also acknowledge that each and every time You click “I AGREE” You warrant and represent that You did read, understand and accept the provisions in effect at that time.
Waiver — Signed written consent from a legally authorized representative of Beautiful Glitch is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
No Rule of Strict Construction — Notwithstanding the fact Beautiful Glitch drafted this agreement, no rule of strict construction shall be applied against Beautiful Glitch. If any provision of this agreement is determined to be unenforceable as a result of any proceeding (e.g., any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency), that provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be so modified, that provision will be severed and deleted from this agreement, and the remainder of the agreement will continue in effect.
Injunctive Relief — You and Beautiful Glitch acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. You and/or Beautiful Glitch) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
Governing Law and Venue — This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of California, or, as appropriate, by federal law as applied by a federal court sitting in California, both without regard to California choice of law rules. You and Beautiful Glitch expressly agree that the United Nations Convention on Contracts for the International Sale of Goods do not apply to this agreement or to transactions processed under the agreement. To the extent not otherwise precluded by any other provision of this EULA, any and all Dispute(s) and litigation(s) arising out of or related to this agreement, including without limitation matters connected with its performance, shall be subject to the exclusive jurisdiction of the courts of California, sitting in Los Angeles, CA and/or the Federal courts sitting therein. You and Beautiful Glitch hereby irrevocably submit to the personal jurisdiction of such courts and irrevocably waive all objections to such venue.
YOU MUST READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF THIS AGREEMENT BEFORE CLICKING “I AGREE” BELOW. This agreement is entered into by and between Beautiful Glitch and You (as defined below) by clicking “I AGREE” below, and the following provisions are agreed upon:
1. CONDUCT
While playing “Monster Prom 3: Monster Roadtrip” (the “Game”), You must respect the rights of others and their rights to play and enjoy the Game. To this end, You may not defraud, harass, threaten, embarrass or cause distress and/or unwanted attention to other players. This includes posting insulting, offensive, or abusive comments about players, repeatedly sending unwanted messages, reporting players maliciously, attacking a player based on race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
You may not post or communicate any player’s real world information (name, address, account name, telephone number, etc.) through the Game or websites.
You may not create character names or otherwise transmit, post, link to or facilitate the distribution of any sexually explicit, harmful, threatening, abusive, defamatory, infringing, obscene, hateful, vulgar, racially or ethnically offensive, invasive of personal privacy or publicity rights, or objectionable in a reasonable person’s view imagery or content.
You may not impersonate any employee of Beautiful Glitch or their affiliates, or impersonate any other person (including, without limitation, celebrities).
You may not violate any local, state, national, or international laws or regulations.
You may not provide false information or intentionally hide any information when registering for Your Game through Your applicable platform account (i.e., Steam, etc.) (the “Applicable Platform Account”).
You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running the Game.
You will not exploit any bug in the Game and You will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game.
2. INTELLECTUAL PROPERTY
General Considerations
Except as otherwise set forth in this Section 2, You acknowledge, and further agree, that You have no IP right related to any Service, Content, Software, or any combination of the foregoing or parts thereof except the limited license provided in Section 1 above.
You acknowledge, and further agree, that You have no IP right related to any Account ID, any Account Display Name, any Beautiful Glitch Message Board ID, any communication or information on any Beautiful Glitch Message Board provided by You or anyone else, any information, feedback or communication related to the Game, any Character ID or characteristics related to a Character ID, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Service, Content, Software, or parts thereof. To the extent You may claim any such IP right(s), You hereby grant Beautiful Glitch a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to Beautiful Glitch includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). You further agree to defend, indemnify and hold harmless Beautiful Glitch with respect to any claim by third-parties that any such license to any such IP right(s) misappropriates, violates or infringes any third-party IP right or other proprietary right.
User Generated Content
We encourage You to create and share Your fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). We also encourage streaming and recording Your game play and sharing it with the community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider Your streams and videos containing our Game “User Generated Content”.
We want You to create and express Yourself freely, and You retain all rights in and to Your User Generated Content. By sharing Your User Generated Content with the Community, You grant Beautiful Glitch an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute Your User Generated Content solely in connection with our Games.
However, User Generated Content shared with the community or Beautiful Glitch must comply with any Community Guidelines we provide and this End User License Agreement. Failure to comply with any of the terms contained therein may result in appropriate remedial action (including without limitation, banning or suspending your access to the Game through your Applicable Platform Account), and whatever other legal remedies may be available to us, including issuing take downs to the appropriate service providers due to the breach of the licenses and rights granted to You herein.
It is important that You comply with any Community Rules and Restrictions we provide when linking or sharing any User Generated Content. Our Privacy Policy is also important in connection with User Generated Content, as we may collect, store, and share Your User Generated Content pursuant to that policy.
Modding
We may make available, or have others make available, modding tools, our source engine, or other tools for player modification purposes (herein the “Software Development Kit” or “SDK”). These tools are considered proprietary assets in and to the Game (“Game Assets”) and are in and of themselves subject to the same licensing restrictions set forth in this Agreement, provided the following: Players may use the SDK or other modding tools provided by us or authorized by us solely for the purpose of creating non-commercial modifications to and derivative works of the Game. Unless otherwise provided in this EULA, You may use the SDK and modding tools for non-commercial purposes, and solely to develop a modified version of the Game compatible with the lawfully purchased and licensed original source engine of the Game ("Mod"), or to create derivative works of the Game's content (such as new levels, in-game items, and audio-visual inclusions) that are also solely compatible with a legally purchased and licensed version of the original Game ("Derivative Works"). Except as otherwise set forth in this EULA, You may (i) reproduce and distribute the Mods and in object code form solely to licensed end users of the Game, and (ii) reproduce and distribute Derivative Works in object code form, solely to licensed end users of the Game. Any distribution of either Mods or Derivative works is wholly contingent upon the releases being available to players without charge and on a non-commercial basis. You are prohibited from reproducing or distributing the modified version of the Game. You may only distribute the object code of the Mods or Derivative Works. It is understood that Mods or Derivative Works of the Game may only be distributed on a non-commercial basis, and in no event are You authorized to commercialize the same absent Beautiful Glitch’s express written consent. Notwithstanding the foregoing, You grant Beautiful Glitch a non-exclusive, irrevocable, perpetual, universal, and royalty-free right and license to use the Mod or any intellectual property rights relating thereto solely in connection with the sale and promotion of the Game.
Infringing Content
To the extent possible under International Law, Beautiful Glitch is not liable for any copyright infringement arising from any User Generated Content shared with the Community or through our Games or Website. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If You believe that Your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate Your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate Your claim:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to our Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing hello@beautifulglitch.pizza.
If You believe Your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate Your claim or re-post Your content:
1. Your physical or electronic signature;
2. Your name, address, and phone number;
3. Identification of the material and its location before it was removed;
4. A statement under penalty of perjury that the material was removed by mistake or misidentification;
5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
6. Your consent to accept service of process from the party who submitted the takedown notice.
3. PRIVACY AND DATA PROTECTION
It is Your responsibility to review Your rights with respect to Your data pursuant to our Privacy Policy currently in effect and in connection with Your use of the Service. Beautiful Glitch may make changes to the Privacy Policy at any time, notice for which will be conveyed to You on our website. For more information, please see our Privacy Policy at http://monsterprom.pizza/imprint.html.
4. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
By clicking “I ACCEPT” You warrant and represent that You: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself and a minor age 13-17 for whom You are legally permitted to allow access to the Game; or 3) are a minor age 13-17 who has been authorized to click “I AGREE” under the provisions of this Section 4. You are hereby forewarned that Beautiful Glitch may, in its sole and absolute discretion, exercise its right to terminate your access to the game through your applicable platform account or as otherwise implemented by Beautiful Glitch, based on your failure to comply with the criteria above.
Each Account may only be used by one person. If a minor has been allowed access to an Account, only that minor may use the Account thereafter. Except as otherwise set forth in this EULA, You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by You to do so is null and void.
If You are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of Yourself and a minor age 13-17 for whom You are legally permitted to allow access to the Game, You can choose to allow use of Your Account by that minor instead of Yourself subject to the following provisions:
You acknowledge, and further agree, that each and every time that minor clicks “I AGREE” they are entering into an agreement with Your consent;
You acknowledge, and further agree, that each and every time that minor clicks “I AGREE” they are entering into an agreement on Your behalf;
You acknowledge, and further agree, that each and every time that minor clicks “I AGREE” You are responsible for all the provisions they have agreed to on Your behalf;
You acknowledge, and further agree, that each and every time that minor clicks “I AGREE” You are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
It is acknowledged and further agreed by the adult that both the adult and the minor are bound by all provisions of any agreement for which that minor clicks “I AGREE” and that the adult has explained the provisions of this Section 4 to the minor, including the fact that both the adult and the minor are jointly and severally responsible under all the provisions of this agreement. In addition, the adult hereby waives all rights to any and all notices under this agreement that may be provided to the minor, and agrees to pay any and all costs, interests or attorney’s fees Beautiful Glitch may be entitled to obtain under this agreement. Accordingly, it is acknowledged and further agreed that the definition of “You” under this agreement includes both the adult at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of themselves, as well as the minor age 13-17 for whom the adult is legally permitted to allow access to the Game;
In consideration for Beautiful Glitch allowing access to the Game by a minor, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Beautiful Glitch with respect thereto; and
The foregoing adult acknowledges and understands that this guarantee is a continuing, unconditional, and irrevocable guarantee to pay for and to defend, indemnify and hold harmless Beautiful Glitch with respect to any claim related to such liabilities. All rights, remedies, and recourses afforded Beautiful Glitch by reason of this guarantee or otherwise are separate, cumulative, and non-exclusive. Such rights, remedies, and recourses may be pursued separately, successively, or concurrently, and any action taken by Beautiful Glitch with respect to such rights, remedies, and recourses shall in no way limit or prejudice any other legal or equitable right, remedy, or recourse which Beautiful Glitch may have.
You acknowledge that the Game is not intended for minors under age 13, and You will not allow access to the Game, or the viewing of any display thereof, by any minor under age 13.
5. SERVICE AND AVAILABILITY
You acknowledge that Service may be interrupted for reasons within or beyond the control of Beautiful Glitch, that Beautiful Glitch cannot and does not guarantee You will be able to use the Game or any Account whenever You wish to do so, and that Beautiful Glitch 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.
6. BEAUTIFUL GLITCH DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND RELEASES
Subject to this Section 6, any service, content or software from Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Glitch, or any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, is provided at Your own risk on an “as available,” “as is” basis in its current condition and without any representation, guarantee, or warranty of any kind or in any way related to service, support, indemnity, error free or uninterrupted operation, updates, correction of defects, or that it is free from defects or viruses or harmful components of any form whatsoever. All such obligations are hereby disclaimed and You hereby acknowledge that Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, expressly disclaim all warranties or conditions of any kind, written or oral, express or implied, statutory or by operation of law, including but not limited to any warranties of title, non-infringement, quiet enjoyment, accuracy, completeness, operability, quality of service, merchantability or fitness for any particular purpose or use. Some states do not allow all such disclaimers of implied warranties, so they may not all apply to You. By entering this agreement to use Beautiful Glitch service, content, or software You accept the foregoing disclaimer of warranties / allocation of risk and agree to release Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, from any and all warranties and obligations to the maximum extent permitted by law. The foregoing are essential terms of this agreement and, if any of these terms are construed as unenforceable, fail in essential purpose, or become void or detrimental to Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, then any license You may have under this agreement shall terminate immediately. Moreover, You acknowledge the foregoing shall survive any expiration or termination of any license, agreement or use related to the game.
Subject to this Section 6, in no event shall Beautiful Glitch, any third parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, or any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing be liable for any direct, indirect, incidental, special, punitive, exemplary, liquidated, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, revenue, data, or profits; or business interruption) however caused or based on any theory of liability (including but not limited to contract, strict liability, tort or any form of negligence) arising in any way related to this agreement or use of the game, even if any remedy fails of its essential purpose and even if advised of the possibility of such damage. Some states do not allow all such limitations of liability, so they may not all apply to You. By entering into this agreement to use Beautiful Glitch service, content or software You accept the foregoing limitation of liability / allocation of risk and agree to release Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, from any and all liabilities, obligations, claims, or demands that may arise under, from or in any way relate to this agreement, directly or indirectly, in excess of an entire and aggregate maximum amount whose total shall not exceed the lesser of: 1) one hundred (100) US dollars; or 2) the amount paid by You in connection with one account in the preceding six (6) months. The foregoing shall apply to the maximum extent permitted by law. The foregoing are essential terms of this agreement and, if any of these terms are construed as unenforceable, fail in essential purpose, or become void or detrimental to Beautiful Glitch, any third-parties under agreement with Beautiful Glitch, any parent, subsidiary or affiliate of Beautiful Glitch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, then any license You may have under this agreement shall terminate immediately. Moreover, You acknowledge the foregoing shall survive any expiration or termination of any license, agreement or use related to the game.
Nothing in this agreement shall limit Beautiful Glitch’s liability for death or personal injury resulting from its negligence or for fraudulent misrepresentation or for any liability which cannot be excluded by law.
7. GENERAL PROVISIONS
It is Your responsibility to read, understand and accept this agreement in connection with Your use of the Service. You acknowledge that Beautiful Glitch may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only. You also acknowledge that each and every time You click “I AGREE” You warrant and represent that You did read, understand and accept the provisions in effect at that time.
Waiver — Signed written consent from a legally authorized representative of Beautiful Glitch is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
No Rule of Strict Construction — Notwithstanding the fact Beautiful Glitch drafted this agreement, no rule of strict construction shall be applied against Beautiful Glitch. If any provision of this agreement is determined to be unenforceable as a result of any proceeding (e.g., any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency), that provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be so modified, that provision will be severed and deleted from this agreement, and the remainder of the agreement will continue in effect.
Injunctive Relief — You and Beautiful Glitch acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. You and/or Beautiful Glitch) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
Governing Law and Venue — This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of California, or, as appropriate, by federal law as applied by a federal court sitting in California, both without regard to California choice of law rules. You and Beautiful Glitch expressly agree that the United Nations Convention on Contracts for the International Sale of Goods do not apply to this agreement or to transactions processed under the agreement. To the extent not otherwise precluded by any other provision of this EULA, any and all Dispute(s) and litigation(s) arising out of or related to this agreement, including without limitation matters connected with its performance, shall be subject to the exclusive jurisdiction of the courts of California, sitting in Los Angeles, CA and/or the Federal courts sitting therein. You and Beautiful Glitch hereby irrevocably submit to the personal jurisdiction of such courts and irrevocably waive all objections to such venue.