QC GAMES INC.
TERMS OF SERVICE & END USER LICENSE AGREEMENT
Last Updated: December 21, 2018
We may supply different or additional terms in relation to some of our Services or Software, and those different or additional terms become part of your agreement with us if you use those Services or Software. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services or Software after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services and Software.
You must be at least 13 years of age to use our Services or Software. If you are between 13 and under 18 years of age (or the age of legal majority where you live), you may use our Services or Software only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you are fully responsible for the acts or omissions of such user in relation to our Services or Software. If you use our Services or Software on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
3. User Accounts and Account Security
You may need to register for an account to access some or all of our Services or Software. If you register for an account, you must provide accurate account information and promptly update this information if it changes. With the exception of users expressly identified in Section 2 above, you may not share account information.You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
4. User Content
Our Services or Software may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and QC Games.
You grant QC Games and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. Depending on your account settings, when you post or otherwise share User Content on or through our Services or Software, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services or Software. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and QC Games;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Services or Software;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services or Software, except as expressly permitted by us or our licensors;
- Modify our Services or Software, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services or Software other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or Software or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or Software or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services or Software;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services or Software;
- Develop or use any applications that interact with our Services or Software without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services or Software for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose QC Games or others to any harm or liability of any type.
Prohibited Conduct and Content notwithstanding, QC Games understands the importance of supporting our players and the value that user-generated content, videos and streaming of our game, provides to our community.However, in an effort to ensure the integrity of our product, here are some additional guidelines governing the usage of such content.
Acceptable Uses of our Content:
- Publishing of user-generated videos on your website, fansite, blog or on video services like YouTube or Twitch.
- Broadcasting gameplay on your streaming distribution channel (streams).
- Utilizing user-generated content and streams in conjunction with advertising content, to support your streaming distribution channels.
Prohibited Uses of Our Content:
- Extracting assets or intellectual property from our game and distributing it separately, whether for commercial or non-commercial purposes, including but not limited to: characters, art, music, voice or outfits.
- Requiring users to pay a fee to view the user-generated content or streamed gameplay.The exception being if you participate in a partnership program with YouTube, Twitch or other video streaming services.
Enforcement of this Section 5 is solely at QC Games discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6. Ownership; Limited License
The Services and Software are licensed, not sold, to you. The Services and Software, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by QC Games or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and Software are reserved by us or our licensors. Subject to the terms and conditions of these Terms, QC Games grants you a limited, non-exclusive, non-transferable license to use the Services and to download, install and use the Software on certain personal computers and game consoles (each, a "Device") that you own or control and as permitted by any usage rules or terms of service set forth by any third party platform or service distributing the Software on behalf of QC Games (the "Usage Rules"). The terms of this license will govern any upgrades provided by QC Games that replace or supplement the original License Products, unless an upgrade is accompanied by a separate license in which case the terms of that separate license will govern. Any use of the Services or Software other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
The license granted to you in Section 6 does not allow you to do any of the following:(a) use the Software on any Device you do not own or control; (b) distribute, copy, license, rent, sell, publish, lease or otherwise transfer the Services, Software (except as expressly permitted by these Terms or the Usage Rules) or any proprietary materials of QC Games to any third party; (c) reverse engineer, decompile, disassemble or attempt to discover any source code or trade secrets related to the Services, Software or any proprietary materials of QC Games; (d) modify, alter or create any derivative works of the Services or Software, or based on any proprietary materials of QC Games; (e) remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Services or Software; (f) work around any technical limitations in the Software or Services; or (g) use the Services or Software for purposes for which they were not designed. Unless explicitly stated herein or otherwise by QC Games, nothing in these Terms shall be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise. If you breach any of these restrictions, you may be subject to prosecution and damages.
“QC Games” and our logos, our product or service names, our slogans and the look and feel of the Services and Software are trademarks of QC Games and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Services or Software are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about QC Games, our Services or Software (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in QC Games’ sole discretion. You understand that QC Games may treat Feedback as nonconfidential.
10. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services and Software (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. QC Games does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
11. Anti-Cheat Measures
In order for us to provide the best possible experience, we monitor gameplay through Kamu Game Security service (“Easy Anti-Cheat”).This service is operated by a third-party service provider and will be installed on your device when you download our software.
When using our software and services, Easy Anti-Cheat will monitor your device, gameplay, game files and memory, for the purpose of detecting and preventing methods, programs, modifications, hacks and any other activities that support cheating behavior.For this purpose, Easy Anti-Cheat is storing information regarding these activities (Data).Although this Data will contain personal information, it will be limited solely to the Data essential to detecting cheating activities.
By installing, copying, or otherwise using our software and services, you give your consent that Easy Anti-Cheat may gather, store, publish and share Data with affiliates of Easy Anti-Cheat, for the sole purpose of detecting and preventing cheating activities.Furthermore, you also acknowledge and understand that engaging in the activities outlined above are strictly prohibited and could result in the termination of your account.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless QC Games and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “QC Games Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services or Software; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services or Software. You will promptly notify QC Games Parties of any third-party Claims, cooperate with QC Games Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the QC Games Parties will have control of the defense or settlement, at QC Games' sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and QC Games or the other QC Games Parties.
YOU ACKNOWLEDGE AND AGREE THAT: (A) THE SERVICES AND SOFTWARE MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE SERVICES OR SOFTWARE IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. QC GAMES DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE SERVICES AND SOFTWARE AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. QC GAMES SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE SERVICES OR SOFTWARE OR ANY SERVICE THAT THE LICENSED PRODUCT IS INTENDED TO ACCESS OR FOR ANY LOSS OF DATA. QC GAMES does not REPRESENT OR warrant that the Services OR SOFTWARE will be delivered free of any interruptions, delays, omissions or errors (“Faults”) or in a secure manner or that any Faults will be corrected. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QC GAMES OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IN THE EVENT THAT THE SERVICES OR SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
QC GAMES HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES OR SOFTWARE AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE SERVICES OR SOFTWARE.
14. Limitation of Liability
To the fullest extent permitted by applicable law, QC Games and the other QC Games Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if QC Games or the other QC Games Parties have been advised of the possibility of such damages.
The total liability of QC Games and the other QC Games Parties for any claim arising out of or relating to these Terms or our Services or Software, regardless of the form of the action, is limited to the amount paid in the 12 months preceding the events giving rise to such liability, if any, by you for the Services and Software.
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of QC Games or the other QC Games Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
15. No Export
You may not use or otherwise export or re-export the Software or any content contained therein, except as authorized by United States law and the laws of the jurisdiction in which the Software or any content was obtained. In particular, but without limitation, the Software and the content contained therein may not be exported or re-exported to (a) any U.S. embargoed countries, or (b) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
16. Legal Compliance
By downloading and installing the Software, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with all applicable laws, rules and regulations, including but not limited to U.S. export control laws.
17. Commercial Items
If acquired by any agency of the United States government, such agency acknowledges that: (a) the Software constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable and (b) such agency's rights are limited to those specifically granted under these Terms.
To the fullest extent permitted by applicable law, you release QC Games and the other QC Games Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to acts or omissions of third parties or disputes between users. If you are a consumer who resides in California, you hereby waive your rights under 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.”
19. Transfer and Processing Data
In order for us to provide our Services and Software, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
20. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Travis County, Texas.
QC Games reserves the right to modify or discontinue, temporarily or permanently, the Services or Software (or any features or portions thereof) without prior notice. QC Games will not be liable for any modification, suspension or discontinuance of the Services or Software (or any part thereof). QC Games also may impose limits on the use of or access to certain Services or Software, in any case and without notice or liability.
Any use of Services or Software other than as specifically authorized under these Terms or the Additional Terms, without the prior written permission of QC Games, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.You may terminate these Terms at any time by (a) ceasing use of the Services and Software and (b) deleting all copies of the Software in your possession or control. QC Games reserves the right to terminate these Terms at any time, for any or no reason. In the event of termination, the license granted to you herein will automatically terminate and you must immediately cease all use of the Services and Software and destroy all copies of the Software within your possession or control.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of QC Games to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 2025 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
If you have any questions about these Terms or our Services, please contact us at email@example.com.