End User License Agreement
Last updated: 19 June 2020
By selecting "I Agree " or purchasing, downloading or using the game, "Fall Guys: Ultimate Knockout" or its related services (our"Services"), you agree to the terms of this End User License Agreement ("Agreement"), including the arbitration agreement and class action waiver described in Section 17 below. If you do not agree to the terms of this Agreement, do not purchase, download or use our Services. Any reference to "Services" in this Agreement includes a reference to any part of any of our Services. This Agreement is a binding legal contract between you and us, Devolver Digital, Inc. for the benefit of the Devolver Digital Parties (defined below).
You are not allowed to use our Services if you are less than 13 years of age, or the laws of the jurisdiction in which you live prohibit use of our Services. If you are between the ages of 13 and 18 (or the age of majority where you live):
- You and your parent or guardian must review this Agreement together before you use our Services;
- Your parent or guardian enters into this Agreement on your behalf and their own behalf when you use our Services; and
- Your parent or guardian will be responsible for all of your activities when you use our Services.
You may need to have an account with us or the developer, Mediatonic Limited ("Account") to use the Services. To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activity associated with your Account. We may suspend or terminate your Account at our sole discretion. We use the phrase "at our sole discretion" in this Agreement to mean at any time, for any reason or no reason, and without prior notice to you.
Our Services are licensed to you, not sold. Subject to your strict compliance with this Agreement, including the Rules of Conduct below, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to: (a) use our Services for your own personal use; and (b) make and publicly display audiovisual footage of you using our Services ("Your Streaming Footage") on online video streaming and social networking services. If you are using our Services on a PlayStation® Platform, the above license is limited to use of our Services only on a PlayStation® Platform that you own or control or other such system to which our Services are delivered by PlayStation Network. If you access our Services using a PlayStation® 4 system ("PS4") and our Services allow you to use the PS4 "share" button, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to use the "share" button to replicate or stream the audio and video output of those Services to third-party services supported by the PS4 system. We reserve any rights in our Services not explicitly granted to you under this Agreement.
3. Content and UGC
Our Services include Content. We use the term "Content" to mean all materials, information, technology, software and other content available through our Services, including trademarks, logos, visual interfaces, images, illustrations, designs, compilations, articles, advertisements, software, computer code, services, text, pictures, photos, audio clips and video clips, and the selection and arrangement thereof. Content also includes user-generated Content ("UGC"), which means Content contributed by third-party users of our Services. All Content is and will remain the exclusive property of Devolver Digital, Inc. or its licensors, and is protected by copyright, trademark, trade secret, intellectual property and other laws.
When you contribute UGC, you:
- Represent, warrant and agree that you have all necessary rights and authorizations to publish through our Services or share with us such Content and grant the rights that you grant herein;
- Grant to us and our licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works of, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party;
- Grant all other users who can access and use your UGC on our Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through our Services without further notice, attribution or compensation to you;
- Waive any moral rights and rights of publicity and privacy you may have in such UGC, to the fullest extent permitted by applicable laws; and
- Agree that you are solely responsible for the UGC that you contribute.
You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement, or a third party's right of privacy or right of publicity. We may remove, edit or disable UGC at our sole discretion. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. We may, but are not obliged to, pre-screen UGC before displaying it on our Services. We do not endorse any UGC available on our Services.
4. Virtual Features
Our Services include "Virtual Features". We use the term "Virtual Features" to mean rights that we license to you to access or use certain features that we may make available on our Services. Examples of Virtual Features may include access to digital or unlockable Content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points, coins and currencies. When you sign up or pay for Virtual Features, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to access the selected Virtual Features. Virtual Features have no monetary value and no value outside of our Services. You cannot sell, trade or transfer Virtual Features, or exchange them for cash. Any payment you make for access to a Virtual Feature is non-refundable unless otherwise stated.
5. Updates, Online Server Support and Interruptions
We may, by automatic update or otherwise, change, modify or update Services, Content or Virtual Features at our sole discretion. For example, we may need to update or reset certain parameters to balance game play and usage of our Services. These updates or resets may cause you setbacks within the relevant game world and may affect your gameplay and Virtual Features under your control. If our Services use online servers, we make no commitment to continue to make those servers available, and may terminate online features at any time.
We reserve the right to interrupt our Services from time to time on a regularly scheduled basis or otherwise with or without prior notice to perform maintenance on our Services. You acknowledge that we may interrupt, suspend or terminate our Services for unforeseen circumstances or causes beyond our control, and we cannot guarantee that you will be able to access our Services or your Account whenever you may wish to do so. We are not liable to you for any consequences resulting from changes, modifications, updates or interruptions to our Services, or the discontinuation of any Services.
6. Internet Connection
Some features of our Services may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of our Services.
7. Rules of Conduct
You shall not, and shall not attempt to, do any of the following:
- Use or allow the use of our Services for any purpose or activity that is illegal, unlawful or not expressly authorized under this Agreement.
- Sell, rent, lease, share or provide access to your Account to anyone else, or use another user's Account.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our Services.
- Reverse engineer or attempt to extract or otherwise use source code or other data from our Services.
- Use our Services to build a service or game that would compete with our Services or assist another person in building a service or game that would compete with our Services.
- Remove any proprietary, copyright, trade secret or warning legend from our Services.
- Make or publicly display Your Streaming Footage where such footage: (a) misrepresents our identity, the names, features or functionality of our Services, or the legal rights or obligations that anyone has in regards to the Services; or (b) adversely affects our rights in an unfair or illegal manner.
- Damage, disrupt, impair, or interfere with our Services, any server, network or system used to support or provide our Services, any person's property, or another user's use or enjoyment of our Services, such as by engaging in denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files or time bombs.
- Probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services.
- Harass, threaten, bully, embarrass, spam or do anything else to another user of our Services that is unwanted, such as repeatedly sending unwanted messages or making insults, personal attacks or statements about people based on their race, sexual orientation, religion, nationality, or any other aspect.
- Contribute UGC or organize or participate in any activity or group via our Services that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise objectionable.
- Publish, post, upload or distribute UGC that is illegal or that you do not have permission to freely distribute, or which we determine is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
- Post or transmit a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Impersonate another person or falsely imply that you are one of our employees or representatives.
- Improperly use in-game support or complaint buttons or make false reports to us.
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the Content, navigational structure or presentation of our Services;
- Harvest, phish for, or collect any kind of private information of other users of our Services, such as passwords.
- Use or distribute unauthorized software programs or tools when using our Services, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Modify any file or any other part of our Service that we do not specifically authorize you to modify.
- Use exploits, cheats, undocumented features, design errors or problems in our Services.
- Use or distribute counterfeit software or Content associated with our Services, including Virtual Features.
- Attempt to use our Services on or through any service that we do not control or authorize.
- Sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or any Content associated with your Account, including Virtual Features, either within our Services or on a third-party website, or in connection with any out-of-game transaction.
- Use our Services in a jurisdiction in which we are prohibited from offering such services under applicable export control laws.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of our Services.
- Use information about users publicly available in any of our Services (e.g., on a leaderboard) for any purpose unrelated to our Services, including to attempt to identify such users in the real world.
- Transfer any of our Services to a foreign national, or national destination, that is prohibited by U.S. and other export control laws.
- Promote, encourage or take part in any prohibited activity described above.
Some of our Services may post additional rules that apply to your conduct on those services.
If you encounter another user who is violating any of these rules, please report this activity to us using the "Help" or "Report Abuse" functions in the relevant Service, if available, or contact us at firstname.lastname@example.org . We will review the report and may, at our sole discretion, take action against anyone who violates our Rules of Conduct, such as by revoking access to certain or all of our Services and terminating their Account. We may also take such actions, at our sole discretion, in respect of anyone who knowingly submits a false report in bad faith.
We may, but are not obliged to, monitor or record online activity or Content on our Services at our sole discretion.
8. Reporting Intellectual Property Infringements
If you are a copyright or intellectual property owner or an agent thereof and believe that any Content infringes upon your copyright or intellectual property interests, please submit a notice to email@example.com. Please include the following information in your notice:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property interest that is the subject of your claim;
- A description of where the material is located on our Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that access to the relevant material through our Services is unauthorized; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner's behalf.
This Agreement is effective until terminated by you or us. You may terminate this Agreement by deleting your Account and no longer using any of our Services. We may suspend or terminate your Account and your use of any of our Services at our sole discretion, including where we consider that your use of our Services breaches this Agreement or applicable law, or where we choose not to continue providing any Service to any person for any reason. If we take any action described in this Section, any license you may have under this Agreement will terminate and, to the fullest extent permitted by applicable law, you will not be entitled to a refund, credit or any other reimbursement for any payments you made for any Services, including any Virtual Features. Our exercise of any of our rights under this Agreement shall not prejudice any remedies to which we may be entitled under law or equity. Sections 3, 5 and 8-21 of this Agreement shall survive termination of this Agreement.
This Agreement has been agreed for the benefit of the Devolver Digital Parties who may independently enforce the terms of this Agreement against you.
12. Third-Party Content
Our Services may include hyperlinks to third-party websites and services. We do not control those websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES "AS IS", "WITH ALL FAULTS", "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. YOU USE OUR SERVICES AT YOUR OWN RISK. DEVOLVER DIGITAL, INC., MEDIATONIC LIMITED, THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, AND ALL OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, ASSIGNS, SUCCESSORS, SHAREHOLDERS, PARTNERS AND SUPPLIERS ("DEVOLVER DIGITAL PARTIES") HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, WE GIVE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR WARRANTIES OR CONDITIONS ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. WE DO NOT WARRANT OR CONDITION AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SERVICES; THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED, SECURE, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING, VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT OUR SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.
14. Limitations of Liability
IN NO EVENT SHALL DEVOLVER DIGITAL PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING OUR SERVICES;
- ANY CONTENT OBTAINED FROM OUR SERVICES;
- ANY USE OR NON-USE OF YOUR STREAMING FOOTAGE; OR
- UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless Devolver Digital Parties from and against any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) (collectively, "Losses"), relating to or arising from your use or non-use of our Services or Your Streaming Footage, or any breach by you of this Agreement.
Devolver Digital Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to provide such Devolver Digital Parties with all reasonably requested assistance, information and cooperation at your own expense.
16. Governing Law
This Agreement shall be governed and construed in accordance with the laws of Texas, United States of America, without regard to its conflict of law provisions. For any claims and disputes not subject to the arbitration agreement in Section 17 below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or our Services shall be the federal or state courts that govern Travis County, Texas, United States of America, and you expressly consent to the exercise of personal jurisdiction of such courts.
17. Dispute Resolution by Binding Arbitration
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by emailing firstname.lastname@example.org. If we cannot resolve your concern, you and we agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and us, and applies to our respective agents, employees, affiliates, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section.
- Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any of our Services and their marketing, or the relationship between you and us ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims (a) regarding the infringement, protection or validity of your, our or our licensors' trade secrets or copyright, trademark or patent rights; and (b) brought in small claims court.
- Informal Negotiations
You and we shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: email@example.com.
- Binding Arbitration
If you and we cannot resolve a Dispute informally, you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA websitewww.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send us a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, we may pay the relevant arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
Arbitration shall be initiated in the County of Travis, Texas, United States of America, and you and we agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Changes to this Arbitration Agreement
We will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.
If any clause within this Section (other than the class action waiver clause above) is illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court.
Only we may amend this Agreement. When we amend this Agreement, we will notify you of any amendments to this Agreement as required by applicable law before they come into effect. Your continued use of our Services after their effective date means you accept such amendments. If you do not agree to the amended Agreement, immediately stop using our Services.
We reserve the right to assign this Agreement to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under this Agreement to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
20. General Terms
Any use of the words "include", "includes" or "including" in this Agreement shall be interpreted to include "but not limited to" after them. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. This Agreement, together with any other of our terms that govern your use of our Services, constitutes the entire agreement between you and us. As a consumer, you may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this Agreement.
21. Supplemental Terms for PlayStation®
The following terms apply where you use our Services on a PlayStation ® system. This Agreement is between you and us, Devolver Digital, Inc., not you and Sony Interactive Entertainment LLC ("SIE") or any of its affiliates. However, SIE and its affiliates are third-party beneficiaries of this Agreement. We are solely responsible for our Services, and not SIE or any of its affiliates.
For purchases in the PlayStation™ Store in North America: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America. For purchases in the PlayStation™ Store in Europe: Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.