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1. DOCUMENT. This document represents the MerFight End User License Agreement (the "Agreement"), which governs your use of the video game MerFight (the "Game"), developed by Mattrified Games, LLC (the "Developer") for use with an online game platform service (the "Service"). PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY, AS IT IS A LEGALLY BINDING CONTRACT. If you install or use the Game, you are agreeing to be bound by the terms of this Agreement.
The Developer may update this Agreement at any time and for any reason at its sole discretion, in which case you will be asked to review the updated Agreement again. If you do not agree to any future update, you must stop using the Game right away. This Agreement was last updated on 11/13/2021.
2. OWNERSHIP. All right, title, and interest in and to the Game and any and all copies thereof and content therein are owned by the Developer and its licensees. The Developer hereby grants to you a nonexclusive, nonassignable, nonsublicenseable license for you to access and use the Game and any guides, specifications, and other related documentation available online, subject to the terms and conditions of this Agreement. However, the Developer does not sell the Game to you and you shall not receive any title or ownership in the Game. The Game is protected by domestic and international copyright law and other laws.
You may use, copy, or modify the Game, its files, and its underlying code in whole or in part, including making modifications of the Game, for any noncommercial reason, provided that no such use or modification alters or interferes in any way with any aspect of the Service or the default iteration of the Game, including without limitation software bots, cheats, hacks, or any other software designed to provide a player with an advantage in the default iteration of the Game. Any reproduction, distribution, or modification of the Game must include a full and complete copy of this Agreement and credit to the Developer. You are not permitted to make any commercial uses of any such modifications without the express written permission of the Developer. The Developer may, at its sole and exclusive option, purchase such modifications and any and all rights thereto for a reasonable price.
You may use, copy, or modify the audiovisual work in the Game in whole or in part for the exclusive purposes of playing it and offering it to be played in competitions and creating and transmitting online video content of it in industry-standard and community-standard ways, including for both personal and commercial reasons.
These rights are revocable by the Developer at any time and for any reason and the Developer reserves the right to prevent and take down any modifications or other uses of the Game at any time and for any reason. No modifications or other uses of the Game may include any infringements of any third party rights.
In addition, you hereby grant to the Developer a nonexclusive, assignable, sublicensable, perpetual, worldwide, royalty-free license to use any modifications you make or supply to the Game and any audiovisual works created by you of or containing any footage or sounds of the Game, including any streams, videos on demand, tournaments, and more, for the purposes of promoting, advertising, and marketing the Game and the Developer.
3. PRIVACY. The Developer respects your privacy as represented in your IP address, domain server, web browser, operating system, real name, mailing address or zip code, credit card number or other financial data, or age, income, or other demographic data or information that may personally identify you. The Developer does not track or collect such information through the Game, To the extent that the Developer comes into contact with such information, the Developer will not store, sell, or make any use of it. The Service may have its own separate privacy policy which you should review as well.
4. SEIZURE WARNING. If you are prone to or have ever experienced seizures when viewing certain patterns or flashes of light or otherwise have an epileptic condition, discuss with your physician whether to using or viewing the Game. If you ever experience such symptoms or any others including twitches, convulsions, dizziness, altered vision, disorientation, vertigo, or any other physical reactions while using or viewing the Game, stop right away and discuss this with your physician before using or viewing the Game again.
5. TERM. The license granted to you in this Agreement will commence on the date you first agree to this Agreement and shall be effective until terminated. Such license will terminate automatically upon your failure to comply with any part of this Agreement. In addition, this Agreement may be terminated by the Developer at any time and for any reason and will automatically terminate upon your failure to comply with any part of this Agreement, in which case you must destroy or relinquish your copy of the Game. You may terminate this Agreement at any time by destroying or relinquishing your copy of the Game. Any provisions which by their nature should survive termination shall survive termination.
6. LIMITED WARRANTY AND DISCLAIMER. THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE DEVELOPER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE GAME AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION, OUTAGES, MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE GAME.
7. LIMITATION OF LIABILITY. You are not entitled to receive any damages from the Developer for any cause relating to this Agreement, your use of the Game, any reproduction or modification of the Game, any services provided by the Developer under this Agreement, or any services provided by any third party in connection with your use of the Game. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or interfere with the Developer or with the operation, development, or performance of the Game and any related products and services.
IN NO EVENT SHALL THE DEVELOPER BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE GAME. IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE DEVELOPER AND ANY LICENSEES, SUBSIDIARIES, AND AFFILIATES THEREOF FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME. YOU SHALL PROMPTLY NOTIFY THE DEVELOPER OF ANY SUCH CLAIM OR SUIT.
8. GOVERNING LAW. This Agreement shall in all respects be governed by and be construed in accordance with the laws of the state of Pennsylvania without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
9. SEVERABILITY. If any one or more of the provisions contained in this Agreement is held for any reason to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, to the maximum extent permitted by law.
10. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted to you by the Developer hereunder in whole or in part without the prior written consent of the Developer, and any attempt by you to do so otherwise shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
The Developer may update this Agreement at any time and for any reason at its sole discretion, in which case you will be asked to review the updated Agreement again. If you do not agree to any future update, you must stop using the Game right away. This Agreement was last updated on 11/13/2021.
2. OWNERSHIP. All right, title, and interest in and to the Game and any and all copies thereof and content therein are owned by the Developer and its licensees. The Developer hereby grants to you a nonexclusive, nonassignable, nonsublicenseable license for you to access and use the Game and any guides, specifications, and other related documentation available online, subject to the terms and conditions of this Agreement. However, the Developer does not sell the Game to you and you shall not receive any title or ownership in the Game. The Game is protected by domestic and international copyright law and other laws.
You may use, copy, or modify the Game, its files, and its underlying code in whole or in part, including making modifications of the Game, for any noncommercial reason, provided that no such use or modification alters or interferes in any way with any aspect of the Service or the default iteration of the Game, including without limitation software bots, cheats, hacks, or any other software designed to provide a player with an advantage in the default iteration of the Game. Any reproduction, distribution, or modification of the Game must include a full and complete copy of this Agreement and credit to the Developer. You are not permitted to make any commercial uses of any such modifications without the express written permission of the Developer. The Developer may, at its sole and exclusive option, purchase such modifications and any and all rights thereto for a reasonable price.
You may use, copy, or modify the audiovisual work in the Game in whole or in part for the exclusive purposes of playing it and offering it to be played in competitions and creating and transmitting online video content of it in industry-standard and community-standard ways, including for both personal and commercial reasons.
These rights are revocable by the Developer at any time and for any reason and the Developer reserves the right to prevent and take down any modifications or other uses of the Game at any time and for any reason. No modifications or other uses of the Game may include any infringements of any third party rights.
In addition, you hereby grant to the Developer a nonexclusive, assignable, sublicensable, perpetual, worldwide, royalty-free license to use any modifications you make or supply to the Game and any audiovisual works created by you of or containing any footage or sounds of the Game, including any streams, videos on demand, tournaments, and more, for the purposes of promoting, advertising, and marketing the Game and the Developer.
3. PRIVACY. The Developer respects your privacy as represented in your IP address, domain server, web browser, operating system, real name, mailing address or zip code, credit card number or other financial data, or age, income, or other demographic data or information that may personally identify you. The Developer does not track or collect such information through the Game, To the extent that the Developer comes into contact with such information, the Developer will not store, sell, or make any use of it. The Service may have its own separate privacy policy which you should review as well.
4. SEIZURE WARNING. If you are prone to or have ever experienced seizures when viewing certain patterns or flashes of light or otherwise have an epileptic condition, discuss with your physician whether to using or viewing the Game. If you ever experience such symptoms or any others including twitches, convulsions, dizziness, altered vision, disorientation, vertigo, or any other physical reactions while using or viewing the Game, stop right away and discuss this with your physician before using or viewing the Game again.
5. TERM. The license granted to you in this Agreement will commence on the date you first agree to this Agreement and shall be effective until terminated. Such license will terminate automatically upon your failure to comply with any part of this Agreement. In addition, this Agreement may be terminated by the Developer at any time and for any reason and will automatically terminate upon your failure to comply with any part of this Agreement, in which case you must destroy or relinquish your copy of the Game. You may terminate this Agreement at any time by destroying or relinquishing your copy of the Game. Any provisions which by their nature should survive termination shall survive termination.
6. LIMITED WARRANTY AND DISCLAIMER. THE GAME IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE DEVELOPER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE GAME AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION, OUTAGES, MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE GAME.
7. LIMITATION OF LIABILITY. You are not entitled to receive any damages from the Developer for any cause relating to this Agreement, your use of the Game, any reproduction or modification of the Game, any services provided by the Developer under this Agreement, or any services provided by any third party in connection with your use of the Game. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or interfere with the Developer or with the operation, development, or performance of the Game and any related products and services.
IN NO EVENT SHALL THE DEVELOPER BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE GAME. IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE DEVELOPER AND ANY LICENSEES, SUBSIDIARIES, AND AFFILIATES THEREOF FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME. YOU SHALL PROMPTLY NOTIFY THE DEVELOPER OF ANY SUCH CLAIM OR SUIT.
8. GOVERNING LAW. This Agreement shall in all respects be governed by and be construed in accordance with the laws of the state of Pennsylvania without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
9. SEVERABILITY. If any one or more of the provisions contained in this Agreement is held for any reason to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, to the maximum extent permitted by law.
10. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted to you by the Developer hereunder in whole or in part without the prior written consent of the Developer, and any attempt by you to do so otherwise shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.