Last Updated: May 10, 2018
Welcome to BRAWLOUT. Angry Mob Games SRL (“AMG”) is proud to provide you with access to the game “BRAWLOUT” (“GAME”) . This Terms of Service (“TERMS” or “AGREEMENT”) governs the use of the “GAME”
ELEMENTS OF THE GAME MAY APPEAR AT WWW.BRAWLOUT.COM (AND/OR OTHER INTERNET WEB SITES OWNED OR CONTROLLED BY AMG (EACH, A “GAME SITE”, TOGETHER, THE “GAME SITES”).
ALL REFERENCES TO “US,” “OUR,” OR “WE” WILL BE DEEMED TO INCLUDE AMG AND THE GAME SITES.
THE GAME MAY BE DOWNLOADED OR AUGMENTED FROM ONE OR MORE THIRD PARTY DISTRIBUTORS AND/OR THEIR SITES. SITES FROM WHICH THE GAME MAY BE DOWNLOADED OR AUGMENTED NOW OR IN THE FUTURE MAY BE REFERRED TO HEREINAFTER AS THE “DOWNLOAD SITES”). IN ADDITION, ELEMENTS OF THE GAME MAY BE AVAILABLE ON OR THROUGH OTHER LOCATIONS THAT MAY INCLUDE, BUT NOT BE LIMITED TO, FACEBOOK AND TWITTER (“SOCIAL SITES”). THE GAME SITES, THE DOWNLOAD SITES, AND THE SOCIAL SITES MAY, JOINTLY AND SEVERALLY, BE REFERRED TO HEREINAFTER AS THE “GAME WORLD SITES.”
REVIEW THESE TERMS CAREFULLY. THESE TERMS INFORM AND GOVERN YOUR USE OF THE GAME, THE GAME WORLD SITES, AND ALL PRODUCTS (REAL AND/OR VIRTUAL) AND/OR SERVICES OFFERED THROUGH THE GAME AND/OR ANY OF THE GAME WORLD SITES.
Updates to Terms. AMG reserves the right to update or change these Terms at any time by posting the most current version of the Terms on one or more Game Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date of the most recent Update. Your continued use of the Game and/or the Game World Sites (in connection with the Game) after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these updated or changed Terms, you must discontinue using the Game and the Game World Sites (in connection with the Game). Note that special terms or rules may apply to some features and/or services offered in the Game or on the Game World Sites, such as rules for particular promotions, applications, or other features or activities. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
Electronic Form/Communications. By loading, playing, or otherwise accessing the Game and/or any Game World Site (in connection with the Game), you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We will communicate with you by email or by posting notices on one or more Games Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
USE OF THE GAME
Termination. AMG can suspend or terminate your access to the Game and/or the Game World Sites (in connection with the Game), in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
USE OF THE GAME AND THE GAME WORLD SITES
Personal Use. The Game and the Game World Sites are intended for your personal, non commercial, entertainment use in accordance with these Terms. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Game or locations on Game World Sites (maintained and/or operated in connection with the Game) so long as the link does not portray AMG, the Game, or any of the Game World Sites in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by AMG of the site from which you are linking. Further, the site from which you are linking to the Game and/or Game World Site location(s) must not contain any obscene, defamatory, pornographic, offensive, lewd, infringing, or illegal content.
When you are playing or otherwise using the Game, your play and/or your computer may be monitored to learn about your game-play behavior, player stats, and for any other purpose. If the use of an unauthorized third party program is detected, your access to the Game may be terminated with or without additional notice to you.
When using the Game and/or a Game World Site, you may accumulate in-Game virtual assets, including, without limitation, characters, stages, currency, misc. items, equipment, and/or other value or status indicators (“Inventory”). All Inventory exists on servers only as data. You acknowledge and agree that such Inventory is accumulated as part of your Account and therefore you shall have no ownership or other property interest in any Inventory. You further acknowledge and agree that AMG has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Inventory, in whole or in part, at any time and for any reason (or for no reason), with or without notice to you, and with no liability of any kind to you. AMG does not provide or guarantee, and expressly disclaims any value, cash or otherwise, real or virtual, attributed to any data residing on servers operated by AMG, including without limitation the Inventory associated with your Account.
Some Inventory you obtain may have expiration dates while others do not, and each item of Inventory you obtain using in-game currency will be included in your Account until the earlier of that item of Inventory’s expiration date, or your Account’s expiration or termination date, or such date when AMG ceases to offer or support the Game.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN OR TO YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AMG. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME, ANY OF THE GAME WORLD SITES, OR INVENTORY THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ANY OF THE FOREGOING. FURTHERMORE, NEITHER AMG NOR ANY OF THE GAME WORLD SITES WILL BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME, THE GAME WORLD SITES, OR INVENTORY, INCLUDING, BUT NOT LIMITED TO, THE DELETION OR LOSS OF INVENTORY UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, OR DISCONTINUATION OF THE GAME.
No Confidentiality. You acknowledge and agree that your communications via the Game, Communication Services (whether or not part of the Game), and/or the Game World Sites are public and not private communications and AMG is not responsible for information that you choose to communicate to other users, or for the actions of other users. All User Content must comply with the Code of Conduct as follows.
All material published in the Game and/or on the Game World Sites (in connection with the Game), including, but not limited to text, photographs, video, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials in the Game and/or on the Game World Sites (together “Content”) is owned by AMG or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. AMG owns a copyright or is a licensee in the selection, coordination, arrangement and enhancement of such content and one or more copyrights in and to the Game and/or those aspects of the Game World Sites that interface with or are operated in connection with the Game. All trademarks, service marks, trade names, and trade dress appearing in the Game and/or the Game World Sites (in connection with the Game) (“Marks”) are proprietary to AMG and/or its licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, the Game and those aspects of the Game World Sites that interface with or are operated in connection with the Game, in whole or in part, without AMG’s prior written consent. You may download Content for your personal, non-commercial entertainment use only as provided in these Terms, or as may be otherwise permitted by AMG from time to time, provided that you do not alter any such Content, you keep intact all copyright and other proprietary notices, and you do not use the Content in any way that would express or imply an association between you and the products and services of AMG or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Game and/or the Game World Sites. Copying or storing of Content for other than non-commercial personal entertainment use in connection with the Game is expressly prohibited without prior written permission from AMG or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AMG without express written consent of AMG. You may not use any Meta tags or any other “hidden text” utilizing AMG’s name or trademarks without the express written consent of AMG. You may not use any AMG logo or other proprietary graphic or trademark as part of the link without express written permission. Any use(s) not permitted by these Term automatically terminates all permissions or licenses granted by AMG in these Terms.
No Other License Granted. Except for allowing you to use the Game and the Game World Sites for your personal non-commercial use for entertainment purposes only, as set forth in the paragraph above, when you use the Game and/or the Game World Sites, you are not receiving a license or any other rights from AMG, including intellectual property or other personal or proprietary rights of AMG. You understand that you have no rights to the Game and the Game World Sites or any other AMG property except as AMG indicates in these Terms.
PATCHES AND UPDATES
AMG may apply patches, updates and modifications (each an “UPDATE”) to the GAME at any time, and gameplay may change after the application of an Update.
A. Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE GAME, THE GAME WORLD SITES, ASSET VARIATIONS, AND/OR COMMUNICATION SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM, CONSOLE OR MOBILE DEVICE YOU EXPERIENCE FROM USING THE GAME AND/OR THE GAME WORLD SITES AND/OR RECEIVING OR ORIGINATING COMMUNICATION SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE GAME AND/OR THE GAME WORLD SITES ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AND WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT AMG MAKES NO WARRANTY THAT THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE. YOU UNDERSTAND THAT AMG DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE GAME AND/OR THE GAME WORLD SITES, AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES, AS APPLICABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, AMG DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERROR-FREE OPERATION, AND NON-INFRINGEMENT OF PERSONAL AND/OR PROPRIETARY RIGHTS) AS TO THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES.
B. Liability Limitation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AMG OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES, EVEN IF AMG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH CLAIMS OF DAMAGES MAY HAVE BEEN SUSTAINED ANYWHERE IN THE WORLD IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE UNDER ANY THAMGY OR CAUSE OF ACTION. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL AMG, ITS LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS OR THEIR REASONABLE CONTROL. AMG MAY CHANGE OR DELETE CONTENT OR FEATURES IN THE GAME AND/OR THE GAME WORLD SITES (IN CONNECTION WITH THE GAME) IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN AMG’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED ONE UNITED STATES DOLLAR (USD $1). THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS ARE A MATERIAL AND ESSENTIAL PART OF THE AGREEMENT BETWEEN THE PARTIES, WITHOUT WHICH AMG WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, AND WILL APPLY AND BE FULLY ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You understand that you are personally responsible for your behavior while playing the Game and/or while you are on Game World Sites and/or while you are engaging in Communication Services and/or Asset Variations and agree to indemnify and hold AMG, operators of the Game World Sites, and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim(s) or threatened claim(s) arising out of or related to your use of the Game and/or the Game World Sites and/or Asset Variations and/or Communication Services or your violation of these Terms, applicable law, or the rights of any third party.
D. Access to Services.
AMG reserves the right to perform system upgrades, regular or planned or unplanned maintenance to one or more Game Sites, the Game and/or the Game World Sites and/or Asset Variations and/or Communication Services due, for example, and not in limitation, to technology improvements or bugs, and you may or may not be notified of these changes before they occur. AMG also reserves the right to change, modify, discontinue, suspend or abandon the Game and/or one or more Game Sites, and/or the Game World Sites (in connection with the Game) at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions in Sections entitled PROPRIETARY RIGHTS, GENERAL, and LEGAL NOTICES shall survive any such termination.
E. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
F. Governing Law/Disputes.
In the event a claim is brought against AMG, these Terms shall be governed by and construed in accordance with the laws of Romania, without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any such dispute (“Dispute”) shall lie exclusively in Romania. Any such claimant hereby waives any right he or she might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action a claimant so situated may have with respect to AMG, the Game, one or more Game Sites, and/or the Game World Sites and/or Asset Variations and/or Communication Services must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
These Terms and the policies incorporated herein, are the entire agreement between you and AMG. They supersede any and all prior or contemporaneous agreements between you and AMG relating to your use of the Game, one or more Game Sites, and/or the Game World Sites. AMG may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of AMG to partially or fully exercise any rights or the waiver of AMG of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by AMG or be deemed a waiver by AMG of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of AMG under these Terms and any other applicable agreement between you and AMG shall be cumulative, and the exercise of any such right or remedy shall not limit AMG’s right to exercise any other right or remedy.
CODE OF CONDUCT
You agree that you will not use the Game to upload, post or distribute any User Content that:
- Constitutes or promotes illegal activity;
- Defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
- Is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
- Promotes any commercial activity, including promoting goods or services or soliciting donations;
- Is subject to confidentiality or non-disclosure obligations;
- Includes material, images or photographs that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers;
- Links to any third-party sites or services that would violate the standards contained in this list; or
- Attempts to get a password, other account information, or other private information from a user of the Game.
In using the Game you also agree not to:
- Use your Account, any other account, the Game, Communication Services, and/or the Game World Sites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available in the Game or on the Game World Sites, or to manipulate the Game and/or the Game World Sites in any manner not consistent with its or their intended purpose(s).
- Copy, display or distribute any part of the Game and/or the Game World Sites (accessed or maintained in connection with the Game) in any medium, without AMG’s prior written consent.
- Alter or modify any part of the Game and/or the Game World Sites (accessed or maintained in connection with the Game) other than as may be reasonably necessary for you to use the Game and/or the Game World Sites, and then only for their intended purpose(s).
- Attempt to gain unauthorized access to the Game and/or the Game World Sites, other accounts, computer systems or networks connected to any AMG server or to the Game or Game World Sites, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
- Interfere with, interrupt, destroy or limit the functionality of the Game and/or the Game World Sites, or any computer software or hardware or telecommunications equipment.
- Use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Game;
- Use the Game for any commercial purposes, including sending “spam” or any malicious or disruptive communications;
- Reverse engineer, decompile or disassemble any software accessed through the Game and/or the Game World Sites, including any proprietary communications protocol used by AMG.
- Use the Game and/or the Game World Sites in any manner that could damage, disable, overburden, or impair any AMG server, or the network(s) connected to any AMG server, or interfere with any other person’s use and enjoyment of the Game and/or the Game World Sites.
- Use or distribute unauthorized software programs or tools, 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.
- Use exploits or cheats to gain and unfair advantage.
- Restrict or inhibit any other user from using and enjoying the Game. For example, being disruptive with vulgar language, abusiveness, , inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other
- Users, “spamming,” or flooding (continuous posting repetitive text), all of which are prohibited conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content.
- Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
- Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Game.
- Impersonate or create a false identity (such as a celebrity or AMG representative) for the purpose of misleading others.
- Use the Game for fraudulent transactions or other commercial transactions prohibited by these Terms of Service or applicable License Agreement, including, without limitation, fraudulent or unauthorized in-game virtual transactions.
- Sell, buy, or transfer access to your Account
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage