This End User License Agreement (“EULA”) applies to each user of the game linking this EULA (“Game”) provided by Filament Games, LLC (“Filament Games,” “Company,” “we,” “us,” or “our”).
The availability of the Game on a distribution platform, social networking site, website, or online store (“Third-Party Platform”) does not indicate any relationship or affiliation between us and those sites.
Your use of the Game is subject to this EULA and all applicable laws, rules, and regulations. Please read this EULA carefully and contact us with any questions.
By accessing the Game, you agree that you have read, understand, and agree to be legally bound by the EULA set forth below. If you do not agree to be bound by this EULA, do not access the Game. This EULA may be modified by us at any time. You can review the most current version of this EULA at any time on our website at https://www.filamentgames.com/retail-eula. In agreeing to this EULA, you are responsible for periodically checking for changes and/or updates to this EULA.
TO ENTER INTO THIS EULA, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING THE GAME, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS THE GAME. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY AND UNDERSTAND AND ACCEPT THIS EULA (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS EULA.
Filament Games grants you a revocable, limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Game for personal and non-commercial purposes only. In downloading and utilizing the Game, you are responsible for ensuring compliance with any applicable terms and conditions of the Third-Party Platform or social networking site through which the Game is made available.
As between Filament Games and you, title, ownership rights, and intellectual property rights in and to the Game and any derivatives or modifications thereof, in whole or in part, remain with Filament Games. You do not acquire any right, title, or interest in any content on the Game by virtue of accessing the Game or making use of the permitted uses allowed under this EULA. You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game, including without limitation, in-game items or currency or anything of value in the real world, without Filament Games’ express written consent.
You understand that Filament Games may modify or discontinue the Game or any of its features at any time in its sole discretion. The EULA does not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Game except in Filament Games’ sole discretion. No license to use or reproduce any logo or trademark included on the Game is granted to you by this EULA or otherwise. The trademarks, logos, service marks, and business names displayed on the Game are protected, whether or not they are registered.
Any unauthorized use of content or information posted in the Game and any unauthorized reproduction, retransmission, or other use of any part of the Game may infringe our, or third parties’ copyrights, trademarks, privacy, publicity, or other rights.
Title to the Game, and all rights with respect to the Game not expressly addressed in this EULA, including without limitation, all rights of reproduction, modification, distribution, display, disassembly, and decompilation and all copyright, patent, trademark, trade secret, and other proprietary rights and interests are reserved to Filament Games.
2. Limitations and Restrictions of Use
In connection with your use of the Game, you will not, and will not allow any third party to:
- Modify, adapt, reverse engineer, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of the Game or any content contained therein;
- Create any copies or derivative works regarding the Game;
- Use an auto-responder, or spam on the Game or any processes that run or are activated while you are not logged in to your Account, or that otherwise interfere with the proper working of the Game;
- Post or link to any material that contains adult content, including nudity, sexual terms, and/or images of people in positions or activities that are excessively suggestive or sexual; obscene, defamatory, libelous, slanderous, and/or unlawful content; content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; inflammatory religious content; politically religious agendas and/or any known associations with hate, criminal, and/or terrorist activities; or hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
- Remove, obscure, or change any copyright, trademark, hyperlink, or other proprietary rights notices contained within the Game;
- Use the Game in any manner that could damage, disable, overburden, or impair the Game, Company, the applicable Third-Party Platform, or any other person or entity;
- Collect any information (including usernames and/or email addresses) about other users of the Game; create or transmit unwanted electronic communications to other users of the Game; or otherwise interfere with such users’ enjoyment of the Game.
- Unless otherwise expressly authorized in the EULA or the Game, take any action to interfere with the Game or any other user’s use of the Game; or
- Otherwise use the Game except as expressly provided in this EULA.
You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Game without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Game.
You agree not to use the Game for illegal purposes (including, without limitation, unlawful, harassing, libelous, abusive, threatening, or obscene purposes, including the invasion of another’s privacy). You agree that you will comply with all laws related to your use of the Game.
3. User Accounts, Password and Security
In order to use the Game or a Game feature, or for certain features of the Game to operate properly, you may be required to have and maintain a valid and active user account with an online service, such as a Third-Party Platform (“Third-Party Account”). If you do not maintain such Third-Party Account, then certain features of the Game may not operate or may cease to function properly, either in whole or in part. You are responsible for all use and the security of any Third-Party Accounts and any activities occurring thereunder used to access and use the Game, including being responsible for maintaining the confidentiality of the password for the Third-Party Account. Your Third-Party Account may be subject to other terms and conditions as required by the Third-Party Platform. Filament Games has the right to suspend or terminate your access to or features of the Game through your Third-Party Account for any reason, including for violations of this or any other agreement with Filament Games.
4. User Content
You may be able to post user-generated content, such as comments, models, photos, presentations, articles, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) in the Game or export such User Content to a Third Party Platform. You will remain the owner of the User Content. By posting User Content, you grant Filament Games an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose whether commercial, advertising, or otherwise, in connection with Filament Games, the Game, or the promotion thereof, to prepare derivative works of or incorporate into other works such User Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Game, you grant Filament Games the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof in the Game and in promotions thereof in any manner and for any purpose. Filament Games hereby reserves the rights granted to it from any Third-Party Platform related to User Content, feedback or other content.
By posting User Content, you represent and warrant that (i) you have the right to post the User Content, (ii) that no third-party rights, laws, or regulations, e.g. COPPA and FERPA, will be violated by such posting, (iii) that you have the right to grant Filament Games the rights granted herein, (iv) that no User Content contains any personal information regarding anyone under the age of 18, (v) the User Content is not harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable or offensive, and (vi) the User Content does not make the security of your Third-Party Account or the Game vulnerable in any way. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Game. You are solely responsible for your User Content. You acknowledge that Filament Games and its designees, including any Third-Party Platform, shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content or material that is available through the Game.
You also hereby grant any other Game user a non-exclusive, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) any User Content submitted by you during use of the Game.
5. Intellectual Property
The content in the Game, except User Content (as defined above) to the extent any exists, including without limitation, the trademarks, copyrights, text, software, graphics, photos, music, videos, and the like (“Content”), is owned by or licensed to Filament Games and is subject to trademark, copyright, and other intellectual property laws of the United States and foreign countries. Content in the Game is provided for your personal and non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Filament Games. Filament Games reserves all rights not expressly granted in and to the Game and the Content.
You agree that Filament Games may send you messages, alerts, and other communications through the Game through email, text message, and other similar means in accordance with the preferences you set. You agree to accept such messages and pay any applicable network access, data usage, or similar fees.
7. Financial Transactions
You acknowledge and agree any financial transactions relating the Game will be made through the Third-Party Platform and is subject to any applicable terms. Filament Games is not responsible for any payments or transactions made through a Third-Party Platform. All refund requests must be directed to the applicable Third-Party Platform.
8. Third Party Intellectual Property
Filament Games respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right. When reporting infringing material to Filament Games (“DMCA Notice”) please provide:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Filament Games to locate the material.
- Information reasonably sufficient to permit Filament Games to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a complete DMCA Notice, Filament Games will:
- Take reasonable steps promptly to notify you that Filament Games has removed or disabled access to the allegedly infringing material;
- Upon receipt of a counter notification described below, promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that Filament Games will replace the removed material or cease disabling access to it in 10 business days; and
- Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Filament Games’ designated agent (identified below) first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Filament Games Website or through the Service.
A counter notification must include:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Filament Games may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices of claimed infringement is:
c/o Alex Stone
821 E Washington Ave, Suite 405
Madison, WI 53703
We reserve the right to remove any infringing material that we believe in good faith to be copyrighted material that is used without authorization. We also reserve the right to suspend or remove access to the Game for any repeat offender.
9. Amendments to EULA
Filament Games may update this EULA at its sole discretion. If at any time you become no longer able to comply with the terms of the current version of this EULA, you must stop using or accessing the Game. You acknowledge and agree that in such instance you are not entitled to any refund for any amounts paid or pre-paid in connection with the Game prior to termination of this EULA.
10. Patches and Updates
Filament Games may apply patches, updates, and modifications to the Game at any time (each an “Update”), and gameplay may change after the application of an Update. Filament Games may change, modify, suspend, or discontinue any aspect of the Game at any time. Filament Games may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. Filament Games makes no representation that the Game will work on a particular operating system, web browser, version of a web browser, or device. You are responsible for having necessary internet connections, operating systems, equipment, software (including a web browser, if applicable) and services for you to effectively access and use the Game. Filament Games will endeavor to make the Game accessible on the most common web browsers or operating system versions, and the current and penultimate version of such web browsers and operating system versions, and some common devices but make no representations or warranties of the same.
This EULA is effective until terminated. This EULA automatically terminates when Filament Games cease to offer the Game, if we determine or believe your use of the Game involves or may involve fraud or money laundering or any other illicit activity, or upon your failure to comply with terms and conditions of this EULA. We reserve the right, at any time and in our sole discretion, to discontinue the use of the Game in whole or in part and prevent any person or entity from accessing the Game. If this EULA terminates due to your violation of the EULA, we may prohibit you from re-registering or re-accessing the Game. Upon any termination of the EULA, you must permanently destroy all copies of the Game, accompanying documentation, associated materials, and all of its component parts in your possession or control, including from any client, server, computer, gaming unit, or mobile device on which it has been installed. Upon termination of this EULA, your rights to use or access the Game will terminate immediately, and you must cease all use of the Game. The termination of this EULA will not affect our rights or your obligations arising under this EULA.
In the event that you terminate or breach this EULA, you acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Game prior to termination of this EULA.
You agree to indemnify and hold harmless Filament Games and its subsidiaries, affiliates, officers, agents, and employees from any claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Game or violation of this EULA, including without limitation (i) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (ii) any claims that your use of the Game caused damage to a third party, and/or (iii) violations of any and all applicable laws, rules, or regulations from any jurisdiction.
13. Warranty Disclaimer
THE GAME, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE GAME AND THE INFORMATION RECEIVED THROUGH IT. FILAMENT GAMES FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY, OR COMPLETENESS OF THE MATERIALS, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR THAT THE GAME OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FILAMENT GAMES MAY MAKE CHANGES TO THE GAME OR ANY SERVICES PROVIDED RELATING THERETO AT ANY TIME WITHOUT NOTICE.
14. Limitation of Liability
FILAMENT GAMES AND ITS MEMBERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE GAME, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE GAME, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE GAME, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE GAME, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, (VI) OTHERWISE RESULTING FROM THE USE OF THE GAME. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE GAME IS TO STOP USING THE GAME AND THE CONTENT AND INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF FILAMENT GAMES, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE GAME OR ANY CONTENT CONTAINED THEREIN, ANY RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $100.00.
YOU HEREBY RELEASE FILAMENT GAMES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO A DISPUTE BETWEEN YOU AND A THIRD-PARTY PLATFORM OR OTHER GAME USER. CALIFORNIA RESIDENTS HEREBY SHALL AND DO WAIVE CALIFORNIA CIVIL CODE 1542, WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
15. Links to Other Sites
The Game may contain links to websites operated by or on behalf of Filament Games, and your use of all such websites are subject to the applicable policies of those websites. The Game, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. We do not control and are not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and do not make any representations regarding the accuracy, copyright, or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party websites. If you access linked third-party websites, you do so at your own risk.
16. Choice of Law and Venue
This EULA and the relationship between you and Filament Games shall be governed by the laws of the State of Wisconsin. You hereby consent to the exclusive jurisdiction and forum of the federal and state courts located in the State of Wisconsin for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Game. Filament Games’ failure to enforce any right or provision of this EULA does not constitute a waiver of that right or provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
If any provision in this EULA is held to be invalid, unenforceable, or contrary to applicable law, such provision shall be construed, limited, or altered as necessary to eliminate the invalidity, unenforceability, or conflict with applicable law, and all other provisions of this EULA shall remain in effect.
18. No Assignment, Sublicense or Transfer
You may not assign, sublicense, or transfer this EULA or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this EULA.
19. Entire Agreement
This EULA sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this EULA shall survive the expiration of this EULA including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law. Any waiver of or promise not to enforce any right under this EULA shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.