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END USER LICENSE AGREEMENT
IMPORTANT NOTICE:
This End User License Agreement (“Agreement”) is a legal agreement between you (“user”, “you”, and “your”) and tinyBuild LLC (“tinyBuild”, “us”, “we”, and “our”). By installing, accessing, or using the game and related services (collectively, the “Game”), you agree to be bound to the terms and conditions of this Agreement. If you do not agree to the terms, you must not install and use the Game.
The purchase, download, installation, and use of the Game is also subject to our Privacy Policy (“Privacy Policy”) located at https://www.tinybuild.com/privacy-policy and Terms of Use (“TOU”) located at https://www.tinybuild.com/eula.
THIS GAME IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS GAME OR ANY MATERIALS OR DOCUMENTATION INCLUDED WITH THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH TINYBUILD. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT IS NOT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE EXPRESSLY PROHIBITED.
THIS GAME IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS GAME OR ANY MATERIALS OR DOCUMENTATION INCLUDED WITH THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH TINYBUILD. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT IS NOT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE EXPRESSLY PROHIBITED.
1. OWNERSHIP OF THE GAME
License Grant for the Game. We grant you a non-exclusive, personal, revocable, nontransferable license to download, install, and use the Game for your personal, non-commercial use on devices or consoles which you own or control and which have the necessary specifications to run and operate the Game.
Unauthorized Use of the Game. Unless expressly authorized by tinyBuild, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of the Game.
Trademarks. The tinyBuild logo, name, and all graphics contained in our Game are trademarks of tinyBuild or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained on our Game should be understood as granting you a license to use any of our trademarks, service marks, logos, or any of our other intellectual property rights. Use, reproduction, copying, or redistribution of any of our intellectual property rights, without our prior written permission is prohibited. All trademarks or service marks appearing on or in our Game that are not owned by tinyBuild are the marks of their respective owners.
2. RESTRICTIONS
Restrictions on Use. You may only use the Game for your personal, private, and non-commercial use. Any commercial use of this Game is prohibited, including, without limitation, public performances, contests, and E-sports competitions. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Game or rights to use the Game and/or any downloadable enhancements and products (i.e., virtual goods and/or virtual currency) that the Game may employ.
You agree not to:
3. PLAYER CONDUCT VIOLATIONS AND ENFORCEMENT
In Deadside, we prioritize a fair and respectful gaming environment. This section outlines specific behaviors that are deemed violations of our game's standards. These behaviors undermine the integrity of the game and the enjoyment of our community. Violations may result in enforcement actions, including temporary or permanent bans, as determined by server administrators or game developers representatives.
4. CHAT RULES AND COMMUNITY STANDARDS FOR DEADSIDE
Building on our commitment to a positive gaming environment, this section details the specific rules governing player interactions within Deadside's chat system. Adhering to these rules is essential for maintaining a respectful and enjoyable communication space. Non-compliance with these chat rules will also be subject to enforcement actions as outlined in the previous section.
These rules are designed to ensure Deadside remains a space for fair play and positive interaction. Remember, maintaining a welcoming gaming community is a shared responsibility.
5. LIMITED WARRANTY AND LIABILITY
Warranty Disclaimer. tinyBuild, including our affiliates and third-party developers and partners, provide our Services and this Game ‘AS IS’ and on an ‘AS AVAILABLE’ basis. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT OUR GAME IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR GAME WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT IT WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER TINYBUILD OR OUR AFFILIATES, THIRD-PARTY DEVELOPERS, OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO YOUR (OR ANY THIRD-PARTY) USE OR INABILITY TO USE THE GAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXCLUDE ALL OTHER LIABILITY, INCLUDING LIABILITY OR DAMAGE TO ANY DEVICE, EXCEPT FOR CASES OF FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.COMPENSATION AND REPAIRS. IN CASES WHERE DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, YOU MAY BE ENTITLED TO COMPENSATION, OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE. HOWEVER, OUR SOLE AND MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GAME.
Statutory consumer rights. Nothing in this Agreement shall limit your statutory consumer rights.
Back-up of Data Files. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
6. TERM AND TERMINATION
Agreement Effectiveness. This Agreement, and any license granted by it, is effective upon your download, installation, and/or use of the Game and remains effective until terminated by either party.
User Termination. You may terminate the Agreement at any time by deleting and removing all copies of the Game from the devices on which you have installed it and destroying your copy of the Game in your possession.
Automatic Termination. The Agreement and any license granted by it will terminate automatically if you fail to abide by any term or condition of this Agreement. In that event tinyBuild may, at our discretion, give you notice of termination of this Agreement and any license granted by it. Upon such notice, you must cease all use of the Game, immediately delete and erase all copies of the Game, including any/all copies in your possession or control and stored on any media whatsoever. Additionally, at tinyBuild’s request you must certify that you have complied with and executed the above actions.
Surviving Sections. The following Sections of this Agreement shall survive termination: Section 1 (Ownership of the Game); Section 3 (Limited Warranty and Liability); Section 4 (Term and Termination); Section 9 (Indemnification); and Section 11 (General).
7. YOUR USE OF THE GAME
Online Platform. To access our Game, you may download, install, and use our Game through an online game distribution platform (“Online Platforms”), such as Steam, Xbox, PlayStation, or Switch. Your use of the Online Platform and its features, such as online multiplayer modes or in-game purchases, may be subject to the corresponding terms and conditions of the Online Platform. You acknowledge and agree that any access to or use of the Game through an Online Platform is subject to both this Agreement and the terms and conditions of the Online Platform. In the event of a conflict between this Agreement and the terms and conditions of the Online Platform, the terms and conditions of the Online Platform shall govern to the extent of such conflict.
System Requirements. You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use the Game. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use the Game. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.
Age Confirmation. By downloading and installing the Game, you confirm that you are either over the age of majority where you live or, if you are under the age of majority where you live, that you have obtained your parent or guardian’s consent to download, install and use the Game subject to this Agreement which they have read and explained to you. We comply with the Children's Online Privacy Protection Act (COPPA) and will not knowingly collect personal information from children under the age of majority. If we become aware that personal information has been collected from a child under the age of majority, we will take reasonable steps to delete such information as soon as possible. If you are a parent or guardian and become aware that your child has provided us with personal information without your consent, please contact us immediately at support@tinybuild.com.
Trial Version. In the event this Game is provided to you as a trial, your use may be restricted. Use restrictions may apply to limit the length of the playable game period, number of users, or any other features as necessary, in our sole discretion, to achieve the purpose of the trial. If you are playing a trial version of this Game, you agree to not to use it beyond the expiration or termination of the trial period. You also understand and agree that (i) the Game may include technical restrictions that prevent you from exceeding the trial limits and (ii) the technical restrictions may remain on your device after deleting the Game to prevent you from installing another trial copy and repeating the trial version.
Permitted Modding. At tinyBuild’s sole discretion, we may allow you to make modifications to the Game software for the purpose of making mods and tools for the Game (“Mods”), provided you don’t sell them for money or try to make money from them (“Permitted Modding”). If you want to make your Mods available to the Game community you must first get prior written approval from tinyBuild by submitting a formal request to support@tinybuild.com. Any Mods that use our code or assets will belong to, vest in, and are the exclusive property of tinyBuild upon creation. If you have prior written approval from tinyBuild and share any Mods for people to use with their own copy of the Game, make sure you created them yourself and that it’s clear they are not official.
8. USER GENERATED CONTENT
UGC Creation. tinyBuild may provide you the ability to create and upload User Generated Content (“UGC”) by building and designing in-game features such as maps, levels, and custom content that can be shared through Online Platforms. Additionally, we encourage you to broadcast your gameplay on streaming platforms, showcasing your experiences with the Game. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize tinyBuild to use, display, and distribute such UGC on the respective platforms.
User UCG License. tinyBuild grants you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Game, and related copyrights and trademarks, for the sole purpose of creating UGC in compliance with the terms of this Agreement. Your license to use our Game to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
UGC Ownership and License to tinyBuild. You own your UGC, but you do not own any of our copyrightable code or content. By uploading or sharing UGC with tinyBuild, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
Compliance with Guidelines. It is essential to ensure compliance with our Community Guidelines (found in our TOU) and the guidelines outlined in the terms and conditions of the specific Online Platform when creating UGC. You are strictly prohibited from uploading or sharing any UGC that violates this Agreement, any relevant end-user licensing agreement, our Privacy Policy, or our Community Guidelines. We reserve the right to remove any UGC that is in violation of these terms or is deemed objectionable for any reason.
Responsibility for UGC. You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. You represent and warrant that: (i) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (ii) the UGC is accurate and truthful; (iii) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify tinyBuild and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to tinyBuild or its affiliates or third-party developers.
Monitoring and Removal. tinyBuild has the right, but not the obligation, to monitor and edit or remove any activity or UGC.
9. NOTICES AND CONSENT TO ELECTRONIC NOTICE
Electronic Notice Consent. If you provide tinyBuild with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from tinyBuild in electronic form at such email address. Delivery of any Notice from tinyBuild is effective when sent to your email address, regardless of whether you actually receive or read the Notice. Customer Support Contact. For issues regarding customer support, please contact tinyBuild as follows:
By mail:
ATTENTION: CUSTOMER SUPPORT
tinyBuild LLC
1100 Bellevue Way NE, STE 8A - 317
Bellevue, Washington 98004.
By email: support@tinybuild.com
Legal Notices. You agree to send tinyBuild all legal notices, including notices of dispute and/or notices of infringement, to the aforementioned address.
10. GOVERNING LAW
Applicable Laws. This Agreement shall be governed by, and will be construed in accordance with the laws of, the United States of America and the law of the State of Washington, without regard to choice of law principles.
Exclusion of International Convention. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
Canadian Residents. If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. 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.
International Users. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of the Game. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. RESOLVING DISPUTES
Good Faith Attempt. You agree that in the event of a dispute between you and tinyBuild or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration. Binding Arbitration is defined and provided in our TOU. In case of any conflict between this Agreement and the TOU, the provisions of the TOU shall prevail.
Negotiation and Arbitration. If you and tinyBuild cannot resolve a dispute through informal negotiations within 30 days after receiving a notice of dispute, both parties agree to settle any claim or controversy arising out of this Agreement or the Game through binding arbitration, following the rules of the American Arbitration Association. The arbitration will take place in King County, Washington. This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Individual Arbitration and Relief. Claims or controversies will be arbitrated individually. The arbitrator cannot alter the terms of this Agreement and may award equitable relief to enforce its terms, provided that it does not interfere with tinyBuild's rights or ability to distribute or exploit the Game. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis.
Court Proceedings and Applicable Law. If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and maintain such claims in state and federal courts located within King County, Washington. The prevailing party in any action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees. In connection with any dispute between us, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by the laws of the state of Washington and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
Infringement Claims. tinyBuild has the right, but not the obligation, to defend or settle any action or proceeding arising from a claim that your permitted use of the Game infringes or misappropriates any patent, copyright, or other ownership of a third party. All notices of such claims must be sent to tinyBuild within ten (10) business days of your first knowledge of the alleged infringement.
Remedies for Infringement. In the event of such a claim, or if tinyBuild believes a claim is likely, tinyBuild may:
You agree to comply with any court judgment or other conditions imposed on you or tinyBuild due to an allegation of patent or copyright infringement, even if such judgment or conditions contradict this Agreement's conditions, including ceasing use of the Game.
13. GENERAL
No Waiver. tinyBuild’s failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, tinyBuild 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.
Force Majeure. tinyBuild shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of tinyBuild, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Severability. 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.
Non-Transferability. The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.
Export Restrictions. You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import the Game or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer the Game or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
US Government Restricted Rights. The Game and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights granted to all other end users under the terms and conditions of this Agreement. tinyBuild reserves all unpublished rights under the copyright laws of the United States.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between you and tinyBuild, superseding all prior agreements, understandings, or arrangements (whether oral or written) concerning the subject matter. You acknowledge that you have entered into this Agreement based solely on the representations, warranties, and promises expressly set forth herein. No failure by either party to exercise or enforce any right under this Agreement, at law, or any custom or practice at variance with its terms will constitute a waiver of either party's respective rights or prevent the exercise or enforcement of any such right at any time. In case of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.
IMPORTANT NOTICE:
This End User License Agreement (“Agreement”) is a legal agreement between you (“user”, “you”, and “your”) and tinyBuild LLC (“tinyBuild”, “us”, “we”, and “our”). By installing, accessing, or using the game and related services (collectively, the “Game”), you agree to be bound to the terms and conditions of this Agreement. If you do not agree to the terms, you must not install and use the Game.
The purchase, download, installation, and use of the Game is also subject to our Privacy Policy (“Privacy Policy”) located at https://www.tinybuild.com/privacy-policy and Terms of Use (“TOU”) located at https://www.tinybuild.com/eula.
THIS GAME IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS GAME OR ANY MATERIALS OR DOCUMENTATION INCLUDED WITH THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH TINYBUILD. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT IS NOT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE EXPRESSLY PROHIBITED.
THIS GAME IS LICENSED AND NOT SOLD. BY OPENING, DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS GAME OR ANY MATERIALS OR DOCUMENTATION INCLUDED WITH THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH TINYBUILD. ANY USE, REPRODUCTION, OR REDISTRIBUTION OF THE GAME THAT IS NOT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT ARE EXPRESSLY PROHIBITED.
1. OWNERSHIP OF THE GAME
License Grant for the Game. We grant you a non-exclusive, personal, revocable, nontransferable license to download, install, and use the Game for your personal, non-commercial use on devices or consoles which you own or control and which have the necessary specifications to run and operate the Game.
Unauthorized Use of the Game. Unless expressly authorized by tinyBuild, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of the Game.
Trademarks. The tinyBuild logo, name, and all graphics contained in our Game are trademarks of tinyBuild or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained on our Game should be understood as granting you a license to use any of our trademarks, service marks, logos, or any of our other intellectual property rights. Use, reproduction, copying, or redistribution of any of our intellectual property rights, without our prior written permission is prohibited. All trademarks or service marks appearing on or in our Game that are not owned by tinyBuild are the marks of their respective owners.
2. RESTRICTIONS
Restrictions on Use. You may only use the Game for your personal, private, and non-commercial use. Any commercial use of this Game is prohibited, including, without limitation, public performances, contests, and E-sports competitions. You are expressly prohibited from sublicensing, renting, leasing, or otherwise distributing the Game or rights to use the Game and/or any downloadable enhancements and products (i.e., virtual goods and/or virtual currency) that the Game may employ.
You agree not to:
- Make the Game available on a network for use or download by multiple users;
- Install the Game on a network or multiple gaming platforms simultaneously;
- Use or copy the Game at a computer gaming center or location-based site without a separate written license agreement from tinyBuild;
- Reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or modify the Game, in whole or in part, except as permitted by applicable law;
- Remove or modify any proprietary notices, marks, or labels contained within the Game;
- Restrict or inhibit any other user from using and enjoying the Game and/or its online features;
- Use cheats, bots, or other unauthorized programs in connection with the Game's online features;
- Violate terms, policies, licenses, or code of conduct for any features, including online features, of the Game; or
- Transport, export, or re-export the Game to any country forbidden by U.S. export laws, regulations, or U.S. economic sanctions, or otherwise violate any laws or regulations.
3. PLAYER CONDUCT VIOLATIONS AND ENFORCEMENT
In Deadside, we prioritize a fair and respectful gaming environment. This section outlines specific behaviors that are deemed violations of our game's standards. These behaviors undermine the integrity of the game and the enjoyment of our community. Violations may result in enforcement actions, including temporary or permanent bans, as determined by server administrators or game developers representatives.
- Cheating: Using unauthorized third-party software or tools that give an unfair advantage in gameplay, such as aimbots, wallhacks, or similar cheating programs.
- Exploiting: Abusing game bugs, glitches, or unintended game mechanics to gain an unfair advantage or disrupt the normal gameplay.
- Harassment or Bullying: Engaging in behavior that intimidates, belittles, or harasses other players.
- Hate Speech or Discrimination: Using language that is discriminatory or hateful towards any group or individual.
- Impersonation or Deception: Falsely representing oneself as another player, celebrity, or official.
- Inappropriate Content Sharing: Distributing offensive or explicit material.
- Griefing or Disruptive Behavior: Deliberately ruining the game experience for others.
- Violation of Chat Rules: Breaking the specified chat rules, such as spamming or sharing personal information.
4. CHAT RULES AND COMMUNITY STANDARDS FOR DEADSIDE
Building on our commitment to a positive gaming environment, this section details the specific rules governing player interactions within Deadside's chat system. Adhering to these rules is essential for maintaining a respectful and enjoyable communication space. Non-compliance with these chat rules will also be subject to enforcement actions as outlined in the previous section.
- Respectful Communication: Players must engage respectfully, avoiding insults, threats, and offensive language.
- No Harassment: Harassment or bullying of players is not tolerated.
- No Hate Speech: Hate speech, particularly language derogatory to race, ethnicity, gender, religion, or sexual orientation, is prohibited.
- No Impersonation: Impersonating other players, celebrities, or officials is strictly forbidden.
- Fair Play: Cheating, griefing, or exploiting game bugs is against the rules.
- Legal Compliance: Players must not engage in or promote illegal activities, including but not limited to gambling, drug use, or violent behavior.
- No Spamming: Repeated messaging or irrelevant content flooding is not allowed.
- Anti-Scam Policy: Scams or deceptive practices, including account information phishing or selling, are prohibited.
- Content Appropriateness: All content and communications should contribute positively to the gaming experience and adhere to content guidelines.
- Account Safety and Privacy: Players should keep their account information secure and not share others' personal information.
These rules are designed to ensure Deadside remains a space for fair play and positive interaction. Remember, maintaining a welcoming gaming community is a shared responsibility.
5. LIMITED WARRANTY AND LIABILITY
Warranty Disclaimer. tinyBuild, including our affiliates and third-party developers and partners, provide our Services and this Game ‘AS IS’ and on an ‘AS AVAILABLE’ basis. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT OUR GAME IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR GAME WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT IT WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER TINYBUILD OR OUR AFFILIATES, THIRD-PARTY DEVELOPERS, OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO YOUR (OR ANY THIRD-PARTY) USE OR INABILITY TO USE THE GAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXCLUDE ALL OTHER LIABILITY, INCLUDING LIABILITY OR DAMAGE TO ANY DEVICE, EXCEPT FOR CASES OF FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.COMPENSATION AND REPAIRS. IN CASES WHERE DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, YOU MAY BE ENTITLED TO COMPENSATION, OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE. HOWEVER, OUR SOLE AND MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GAME.
Statutory consumer rights. Nothing in this Agreement shall limit your statutory consumer rights.
Back-up of Data Files. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
6. TERM AND TERMINATION
Agreement Effectiveness. This Agreement, and any license granted by it, is effective upon your download, installation, and/or use of the Game and remains effective until terminated by either party.
User Termination. You may terminate the Agreement at any time by deleting and removing all copies of the Game from the devices on which you have installed it and destroying your copy of the Game in your possession.
Automatic Termination. The Agreement and any license granted by it will terminate automatically if you fail to abide by any term or condition of this Agreement. In that event tinyBuild may, at our discretion, give you notice of termination of this Agreement and any license granted by it. Upon such notice, you must cease all use of the Game, immediately delete and erase all copies of the Game, including any/all copies in your possession or control and stored on any media whatsoever. Additionally, at tinyBuild’s request you must certify that you have complied with and executed the above actions.
Surviving Sections. The following Sections of this Agreement shall survive termination: Section 1 (Ownership of the Game); Section 3 (Limited Warranty and Liability); Section 4 (Term and Termination); Section 9 (Indemnification); and Section 11 (General).
7. YOUR USE OF THE GAME
Online Platform. To access our Game, you may download, install, and use our Game through an online game distribution platform (“Online Platforms”), such as Steam, Xbox, PlayStation, or Switch. Your use of the Online Platform and its features, such as online multiplayer modes or in-game purchases, may be subject to the corresponding terms and conditions of the Online Platform. You acknowledge and agree that any access to or use of the Game through an Online Platform is subject to both this Agreement and the terms and conditions of the Online Platform. In the event of a conflict between this Agreement and the terms and conditions of the Online Platform, the terms and conditions of the Online Platform shall govern to the extent of such conflict.
System Requirements. You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use the Game. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use the Game. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.
Age Confirmation. By downloading and installing the Game, you confirm that you are either over the age of majority where you live or, if you are under the age of majority where you live, that you have obtained your parent or guardian’s consent to download, install and use the Game subject to this Agreement which they have read and explained to you. We comply with the Children's Online Privacy Protection Act (COPPA) and will not knowingly collect personal information from children under the age of majority. If we become aware that personal information has been collected from a child under the age of majority, we will take reasonable steps to delete such information as soon as possible. If you are a parent or guardian and become aware that your child has provided us with personal information without your consent, please contact us immediately at support@tinybuild.com.
Trial Version. In the event this Game is provided to you as a trial, your use may be restricted. Use restrictions may apply to limit the length of the playable game period, number of users, or any other features as necessary, in our sole discretion, to achieve the purpose of the trial. If you are playing a trial version of this Game, you agree to not to use it beyond the expiration or termination of the trial period. You also understand and agree that (i) the Game may include technical restrictions that prevent you from exceeding the trial limits and (ii) the technical restrictions may remain on your device after deleting the Game to prevent you from installing another trial copy and repeating the trial version.
Permitted Modding. At tinyBuild’s sole discretion, we may allow you to make modifications to the Game software for the purpose of making mods and tools for the Game (“Mods”), provided you don’t sell them for money or try to make money from them (“Permitted Modding”). If you want to make your Mods available to the Game community you must first get prior written approval from tinyBuild by submitting a formal request to support@tinybuild.com. Any Mods that use our code or assets will belong to, vest in, and are the exclusive property of tinyBuild upon creation. If you have prior written approval from tinyBuild and share any Mods for people to use with their own copy of the Game, make sure you created them yourself and that it’s clear they are not official.
8. USER GENERATED CONTENT
UGC Creation. tinyBuild may provide you the ability to create and upload User Generated Content (“UGC”) by building and designing in-game features such as maps, levels, and custom content that can be shared through Online Platforms. Additionally, we encourage you to broadcast your gameplay on streaming platforms, showcasing your experiences with the Game. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize tinyBuild to use, display, and distribute such UGC on the respective platforms.
User UCG License. tinyBuild grants you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Game, and related copyrights and trademarks, for the sole purpose of creating UGC in compliance with the terms of this Agreement. Your license to use our Game to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
UGC Ownership and License to tinyBuild. You own your UGC, but you do not own any of our copyrightable code or content. By uploading or sharing UGC with tinyBuild, you grant us a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
Compliance with Guidelines. It is essential to ensure compliance with our Community Guidelines (found in our TOU) and the guidelines outlined in the terms and conditions of the specific Online Platform when creating UGC. You are strictly prohibited from uploading or sharing any UGC that violates this Agreement, any relevant end-user licensing agreement, our Privacy Policy, or our Community Guidelines. We reserve the right to remove any UGC that is in violation of these terms or is deemed objectionable for any reason.
Responsibility for UGC. You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. You represent and warrant that: (i) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (ii) the UGC is accurate and truthful; (iii) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify tinyBuild and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to tinyBuild or its affiliates or third-party developers.
Monitoring and Removal. tinyBuild has the right, but not the obligation, to monitor and edit or remove any activity or UGC.
9. NOTICES AND CONSENT TO ELECTRONIC NOTICE
Electronic Notice Consent. If you provide tinyBuild with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from tinyBuild in electronic form at such email address. Delivery of any Notice from tinyBuild is effective when sent to your email address, regardless of whether you actually receive or read the Notice. Customer Support Contact. For issues regarding customer support, please contact tinyBuild as follows:
By mail:
ATTENTION: CUSTOMER SUPPORT
tinyBuild LLC
1100 Bellevue Way NE, STE 8A - 317
Bellevue, Washington 98004.
By email: support@tinybuild.com
Legal Notices. You agree to send tinyBuild all legal notices, including notices of dispute and/or notices of infringement, to the aforementioned address.
10. GOVERNING LAW
Applicable Laws. This Agreement shall be governed by, and will be construed in accordance with the laws of, the United States of America and the law of the State of Washington, without regard to choice of law principles.
Exclusion of International Convention. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
Canadian Residents. If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. 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.
International Users. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of the Game. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. RESOLVING DISPUTES
Good Faith Attempt. You agree that in the event of a dispute between you and tinyBuild or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration. Binding Arbitration is defined and provided in our TOU. In case of any conflict between this Agreement and the TOU, the provisions of the TOU shall prevail.
Negotiation and Arbitration. If you and tinyBuild cannot resolve a dispute through informal negotiations within 30 days after receiving a notice of dispute, both parties agree to settle any claim or controversy arising out of this Agreement or the Game through binding arbitration, following the rules of the American Arbitration Association. The arbitration will take place in King County, Washington. This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
Individual Arbitration and Relief. Claims or controversies will be arbitrated individually. The arbitrator cannot alter the terms of this Agreement and may award equitable relief to enforce its terms, provided that it does not interfere with tinyBuild's rights or ability to distribute or exploit the Game. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis.
Court Proceedings and Applicable Law. If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and maintain such claims in state and federal courts located within King County, Washington. The prevailing party in any action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees. In connection with any dispute between us, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by the laws of the state of Washington and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington to resolve any claims that are subject to exceptions to the arbitration agreement.
Infringement Claims. tinyBuild has the right, but not the obligation, to defend or settle any action or proceeding arising from a claim that your permitted use of the Game infringes or misappropriates any patent, copyright, or other ownership of a third party. All notices of such claims must be sent to tinyBuild within ten (10) business days of your first knowledge of the alleged infringement.
Remedies for Infringement. In the event of such a claim, or if tinyBuild believes a claim is likely, tinyBuild may:
- procure for you the right to continue using the Game;
- modify the Game to become non-infringing; or
- terminate this Agreement.
You agree to comply with any court judgment or other conditions imposed on you or tinyBuild due to an allegation of patent or copyright infringement, even if such judgment or conditions contradict this Agreement's conditions, including ceasing use of the Game.
13. GENERAL
No Waiver. tinyBuild’s failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, tinyBuild 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.
Force Majeure. tinyBuild shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of tinyBuild, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Severability. 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.
Non-Transferability. The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.
Export Restrictions. You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import the Game or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer the Game or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
US Government Restricted Rights. The Game and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights granted to all other end users under the terms and conditions of this Agreement. tinyBuild reserves all unpublished rights under the copyright laws of the United States.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between you and tinyBuild, superseding all prior agreements, understandings, or arrangements (whether oral or written) concerning the subject matter. You acknowledge that you have entered into this Agreement based solely on the representations, warranties, and promises expressly set forth herein. No failure by either party to exercise or enforce any right under this Agreement, at law, or any custom or practice at variance with its terms will constitute a waiver of either party's respective rights or prevent the exercise or enforcement of any such right at any time. In case of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.