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END USER LICENSE AGREEMENT & PRIVACY POLICY – “THE FORGOTTEN CITY”
This is the end user licence agreement for Modern Storyteller Pty Ltd (Australian Business Number: 18 616 369 816) (defined here as “Modern Storyteller” or We”).
This software product entitled “The Forgotten City” (“Game”) is owned and controlled by Modern Storyteller, and is protected under local copyright law, international copyright treaties and other intellectual property principles. This Game is licensed, not sold to you. This Game is provided under the following license which defines what you may do with the Game and contains usage restrictions and limitations on warranties and/or remedies.
You must read the terms and conditions of this End User Licence Agreement (the "Agreement") carefully before downloading, installing, or otherwise using the Game. By downloading, installing, using, or otherwise accessing the Game, you acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions. This Game is not intended for those under 13 years of age. If you do not agree to the terms and conditions of this agreement, promptly exit this page without downloading and/or using the Game.
1. LICENCE
Subject to the terms and limitations set forth herein, Modern Storyteller grants you a limited non-exclusive license to use the Game in accordance with the terms of this Agreement. All rights not expressly stated herein are reserved by Modern Storyteller, and Modern Storyteller disclaims any and all implied licenses. The copyright and all other rights in and to the Game a will remain with Modern Storyteller.
2. GRANT OF LICENCE
a. Modern Storyteller grants you a non-exclusive revocable licence to install and use the Game on compatible devices you own or control for your personal entertainment in accordance with this Agreement.
b. You acknowledge that Modern Storyteller owns all right, title and interest, including without limitation all intellectual property rights, in and to the Game and that you will not acquire any right, title or interest in or to the Game or Software, except the limited license expressly set forth in clause 2 a) above, or in accordance with the user generated content policy at clause 3 below.
3. USER GENERATED CONTENT
User generated content is permissible only as outlined in this clause. We consent to You creating user generated content (“UGC”) on the following conditions only:
a. Game Screenshots: for use via social media and other forums for your personal, non-commercial use only.
b. Cosplay: Illustrations or physical models inspired by Game may be produced for personal, non- commercial purposes only.
c. Game Modifications (‘Mods’), but only where and on the condition that:
i. they are for your personal, non-commercial use only;
ii. you consent to Modern Storyteller sharing, promoting, distributing or otherwise using your Mods in any way, at its sole discretion;
iii. you are the lawful owner or licensor of any content you include in your Mod, and you indemnify Modern Storyteller for any claims or actions from any third parties brought against, incurred or suffered (whether directly or indirectly) by Modern Storyteller as a breach of this clause;
iv. they do not contain any elements that are unlawful, or indecent, and would be unlikely to offend a reasonable person or could reasonably be seen to affect the Game’s classification rating;
v. you acknowledge you are not entitled to technical support in respect of issues arising from, or which We suspect arise from, your use of Mods;
vi. you acknowledge We are not liable for any loss, injury or damage you suffer, whether direct or indirect, in connection with your use of Mods;
vii. you do not commercialise or monetize your Mods or any other Game Mods in any way, without Modern Storyteller’s prior written authorization; and
viii. where you are sharing other UGC (such as screenshots) which changes the appearance of the Game in any way, you include a notice that the Game has been modified.
d. For the avoidance of doubt, you are not authorized to create or distribute fan fiction (which includes but is not limited to ‘DnD’ Campaigns or similar) which use, or incorporate recognizable elements from, the Game’s story or any underlying rights in the Game.
e. You are not authorised to extract files from the Game for any reason, including (without limitation) incorporation in any form of UGC.
4. LIMITATION OF LICENCE
You must not:
a. make copies of the Game except as expressly permitted in this Agreement;
b. translate, reverse engineer, decompile, or disassemble the Game;
c. remove or alter any copyright, trademark or other proprietary rights notices contained in the Game or any other Modern Storyteller content;
d. rent, lease, loan, sub-license, distribute, assign, or transfer the Game;
e. use the Game for any unauthorized purpose or in violation of any applicable laws or regulations; or
f. modify the Game (except as authorised under Clause 3) or merge all or any part of the Game with another program.
5. TERM
This License will continue for as long as you use the Game. However, this License will terminate automatically without notice from Modern Storyteller if you fail to comply with any of its terms or conditions. Upon termination you must immediately cease using the Game and remove the Game from your personal device(s) and network. The Limitations of Warranties and Liability set out below will continue in force even after any termination.
6. LIMITATION OF WARRANTIES AND LIABILITY
The Game is provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Game and for the use of any third-party website or service, and Modern Storyteller disclaims all liability for any loss, injury or damage resulting from use of the Game and any third-party website, whether direct or indirect.
In no event will Modern Storyteller have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. Modern Storyteller's total aggregate liability with respect to its obligations under this agreement or otherwise with respect to the product or the software will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
7. THIRD PARTY AGREEMENTS
Nothing contained in this Agreement shall purport to govern or change, in any way, your relationship with any third party under applicable agreements, including any terms of use or any other applicable agreement. Modern Storyteller disclaims any obligation or liability on the part of any third party to provide support or other services to the end user.
8. INDEMNITY
You agree to indemnify and hold harmless Modern Storyteller, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Game, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
9. PRIVACY
a. We do not collect any personally identifiable information. Our game is published on all the major platforms by Plug In Digital. A copy of its privacy policy containing the information it may collect, and how it will be used can be found here:
• https://plugindigital.com/privacy-policy-and-terms-of-use/
b. We do not utilise any other third-party partners that collect data.
c. To the extent that any data is collected or retained by us, if at all, it is done solely for uses that are reasonably and directly related to your relationship with Modern Storyteller. We will only use any such data as is strictly necessary for our “legitimate interest” under GDPR (Global Data Protection Regulation).
d. No matter how we encounter your data, you have the right to access the data We hold about you and to update and/or correct it, subject to certain exceptions. In the event that We receive a data subject request from you, We will respond to that request in accordance with any applicable legislation.
10. GENERAL
a. If you have queries about this document, you can contact us by email at info@modern-storyteller.com;
b. This Agreement is the entire agreement between us with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to be bound by the laws of that jurisdiction.
This is the end user licence agreement for Modern Storyteller Pty Ltd (Australian Business Number: 18 616 369 816) (defined here as “Modern Storyteller” or We”).
This software product entitled “The Forgotten City” (“Game”) is owned and controlled by Modern Storyteller, and is protected under local copyright law, international copyright treaties and other intellectual property principles. This Game is licensed, not sold to you. This Game is provided under the following license which defines what you may do with the Game and contains usage restrictions and limitations on warranties and/or remedies.
You must read the terms and conditions of this End User Licence Agreement (the "Agreement") carefully before downloading, installing, or otherwise using the Game. By downloading, installing, using, or otherwise accessing the Game, you acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions. This Game is not intended for those under 13 years of age. If you do not agree to the terms and conditions of this agreement, promptly exit this page without downloading and/or using the Game.
1. LICENCE
Subject to the terms and limitations set forth herein, Modern Storyteller grants you a limited non-exclusive license to use the Game in accordance with the terms of this Agreement. All rights not expressly stated herein are reserved by Modern Storyteller, and Modern Storyteller disclaims any and all implied licenses. The copyright and all other rights in and to the Game a will remain with Modern Storyteller.
2. GRANT OF LICENCE
a. Modern Storyteller grants you a non-exclusive revocable licence to install and use the Game on compatible devices you own or control for your personal entertainment in accordance with this Agreement.
b. You acknowledge that Modern Storyteller owns all right, title and interest, including without limitation all intellectual property rights, in and to the Game and that you will not acquire any right, title or interest in or to the Game or Software, except the limited license expressly set forth in clause 2 a) above, or in accordance with the user generated content policy at clause 3 below.
3. USER GENERATED CONTENT
User generated content is permissible only as outlined in this clause. We consent to You creating user generated content (“UGC”) on the following conditions only:
a. Game Screenshots: for use via social media and other forums for your personal, non-commercial use only.
b. Cosplay: Illustrations or physical models inspired by Game may be produced for personal, non- commercial purposes only.
c. Game Modifications (‘Mods’), but only where and on the condition that:
i. they are for your personal, non-commercial use only;
ii. you consent to Modern Storyteller sharing, promoting, distributing or otherwise using your Mods in any way, at its sole discretion;
iii. you are the lawful owner or licensor of any content you include in your Mod, and you indemnify Modern Storyteller for any claims or actions from any third parties brought against, incurred or suffered (whether directly or indirectly) by Modern Storyteller as a breach of this clause;
iv. they do not contain any elements that are unlawful, or indecent, and would be unlikely to offend a reasonable person or could reasonably be seen to affect the Game’s classification rating;
v. you acknowledge you are not entitled to technical support in respect of issues arising from, or which We suspect arise from, your use of Mods;
vi. you acknowledge We are not liable for any loss, injury or damage you suffer, whether direct or indirect, in connection with your use of Mods;
vii. you do not commercialise or monetize your Mods or any other Game Mods in any way, without Modern Storyteller’s prior written authorization; and
viii. where you are sharing other UGC (such as screenshots) which changes the appearance of the Game in any way, you include a notice that the Game has been modified.
d. For the avoidance of doubt, you are not authorized to create or distribute fan fiction (which includes but is not limited to ‘DnD’ Campaigns or similar) which use, or incorporate recognizable elements from, the Game’s story or any underlying rights in the Game.
e. You are not authorised to extract files from the Game for any reason, including (without limitation) incorporation in any form of UGC.
4. LIMITATION OF LICENCE
You must not:
a. make copies of the Game except as expressly permitted in this Agreement;
b. translate, reverse engineer, decompile, or disassemble the Game;
c. remove or alter any copyright, trademark or other proprietary rights notices contained in the Game or any other Modern Storyteller content;
d. rent, lease, loan, sub-license, distribute, assign, or transfer the Game;
e. use the Game for any unauthorized purpose or in violation of any applicable laws or regulations; or
f. modify the Game (except as authorised under Clause 3) or merge all or any part of the Game with another program.
5. TERM
This License will continue for as long as you use the Game. However, this License will terminate automatically without notice from Modern Storyteller if you fail to comply with any of its terms or conditions. Upon termination you must immediately cease using the Game and remove the Game from your personal device(s) and network. The Limitations of Warranties and Liability set out below will continue in force even after any termination.
6. LIMITATION OF WARRANTIES AND LIABILITY
The Game is provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Game and for the use of any third-party website or service, and Modern Storyteller disclaims all liability for any loss, injury or damage resulting from use of the Game and any third-party website, whether direct or indirect.
In no event will Modern Storyteller have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. Modern Storyteller's total aggregate liability with respect to its obligations under this agreement or otherwise with respect to the product or the software will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
7. THIRD PARTY AGREEMENTS
Nothing contained in this Agreement shall purport to govern or change, in any way, your relationship with any third party under applicable agreements, including any terms of use or any other applicable agreement. Modern Storyteller disclaims any obligation or liability on the part of any third party to provide support or other services to the end user.
8. INDEMNITY
You agree to indemnify and hold harmless Modern Storyteller, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Game, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
9. PRIVACY
a. We do not collect any personally identifiable information. Our game is published on all the major platforms by Plug In Digital. A copy of its privacy policy containing the information it may collect, and how it will be used can be found here:
• https://plugindigital.com/privacy-policy-and-terms-of-use/
b. We do not utilise any other third-party partners that collect data.
c. To the extent that any data is collected or retained by us, if at all, it is done solely for uses that are reasonably and directly related to your relationship with Modern Storyteller. We will only use any such data as is strictly necessary for our “legitimate interest” under GDPR (Global Data Protection Regulation).
d. No matter how we encounter your data, you have the right to access the data We hold about you and to update and/or correct it, subject to certain exceptions. In the event that We receive a data subject request from you, We will respond to that request in accordance with any applicable legislation.
10. GENERAL
a. If you have queries about this document, you can contact us by email at info@modern-storyteller.com;
b. This Agreement is the entire agreement between us with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to be bound by the laws of that jurisdiction.