THUNDERGOD – END USER LICENSE AGREEMENT
WELCOME TO THE THUNDERGOD VIDEOGAME PROVIDED TO YOU BY GOODBYE KANSAS GAME INVEST AB. BEFORE ACCESSING AND PLAYING THE GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME RELATED WEBSITES, ETC. (THE GAME, RELATED SERVICES AND THE WEBSITES HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY THIS END USER LICENSE AGREEMENT AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN GOODBYE KANSAS GAME INVEST AB AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME. IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 23 AND 24, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THIS THIS END USER LICENSE AGREEMENT, PLEASE DO NOT ACCESS AND PLAY THE GAME. GOODBYE KANSAS GAME INVEST AB RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THIS THIS END USER LICENSE AGREEMENT. GOODBYE KANSAS GAME INVEST AB MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
THIS IS A VIRTUAL REALITY AND/OR AN AUGMENTED REALITY GAME. WHEN PLAYING THE GAME YOU MAY NOT BE ABLE TO SEE, HEAR OR FEEL YOUR PHYSICAL SURROUNDINGS WHEN WEARING A VIRTUAL REALITY HEADSET OR PLAYING THE GAME THROUGH/WITH AUGMENTED REALITY GAME EQUIPMENT, HEADSETS, GLASSES, HANDHELD DEVICES ETC. IT IS YOUR RESPONSIBILITY TO CONTROL YOUR SURROUNDINGS AND MOVEMENTS AT ALL TIMES WHEN PLAYING THE GAME TO ENSURE THAT YOU DON’T INJURE YOURSELF, ANY OTHER PERSONS, DAMAGE ANY PROPERTY ETC. FALLING, STRIKING OR OTHERWISE CONTACTING ANYTHING WHILE PLAYING THE GAME MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGES, AND EVEN CAUSE DEATH. ANY PLAYING OF THE GAME IS AT YOUR OWN RISK. IF YOU ARE PLAYING AN AUGMENTED REALITY GAME OUTDOORS YOU ARE SOLELY RESPONSIBLE FOR CONTROLLING THE SURROUNDINGS. DON’T PLAY AUGMENTED REALITY GAMES IN LOCATIONS WITH TRAFFIC, CROWDED AREAS, HAZARDOUS SURROUNDINGS ETC.
This document (“End User License Agreement”, “EULA”) is a legal agreement between you (“You”, “End User” or “user”) and Goodbye Kansas Game Invest AB, a Swedish corporation, with registered and business offices at Hammarbyterrassen 3, SE-120 30 Stockholm, Sweden (“Goodbye Kansas”) and governs your use of the Game, whether or not you are a registered End User of the Game.
PLEASE NOTE THAT BY ACCESSING AND/OR PLAYING THE GAME YOU AGREE TO ABIDE BY AND BE BOUND BY THIS EULA. GOODBYE KANSAS OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMITS YOU TO PLAY THE GAME ONLY IN ACCORDANCE WITH THESE TERMS. YOUR PLAYING OF THE GAME CONSTITUTES YOUR ACCEPTANCE OF THE EULA. IF YOU DO NOT AGREE TO THE EULA, PLEASE DO NOT ACCESS AND PLAY THE GAME.
2. The Game
ThunderGod is an arcade style VR game. Step into the role of Thor in this arcade style VR game where you get to wield Mjölnir, the famous hammer, and defend the human village from the giants. Fight waves of enemies and try to keep as high a multiplier as possible to get the highest score.
3. Access to the Game
To access and play the Game you must have a computer, current generation smart mobile phone (“smart phone”) or tablet etc. and Internet access. You must register an account with a platform/service provider (Apple App Store (Apple), Google Play (Google), Steam (Valve) etc.), unless the Game is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Goodbye Kansas reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in game currency, characters etc. to another person or entity, unless specifically permitted in writing by Goodbye Kansas. Further, you must be 13 years or older to be entitled to access and play the Game. This Game is not intended for children under the age of 13. Children under the age of 13 may not access and play the Game. If you are at least 13 years old but under 18 years of age you need parental consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents. Any registration by, use of or access to the Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of this EULA.
4. Third Party Accounts
If enabled by Goodbye Kansas in its sole discretion, you may establish an account with account data provided to Goodbye Kansas by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.
5. Registration and warranties
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Goodbye Kansas, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
6. Products and services
GOODBYE KANSAS RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. GOODBYE KANSAS MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. GOODBYE KANSAS MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME. THE GAME IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES.
Certain versions of the Game may be provided as a “free-to-play game” where you can access and play certain parts of the Game or Game versions without paying any fees. However other versions of the Game or certain Game levels and features may be “premium features” where you must pay a fee or purchase in-game material or access to play such levels and features etc. Where applicable, You agree to fully pay for the Game, features, levels, versions, in-game purchases, products and services that you have ordered in the Game. You are responsible for providing Goodbye Kansas and/or the platform/service providers with valid credit card information to secure payment. Goodbye Kansas and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. The platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email, text message or similar means of communications once the platform/service provider have had the opportunity to confirm your purchase.
8. Payment terms
In order to access and play certain versions of the Game or certain Game levels in the Game, access certain additional content, premium services etc. you may be required to pay certain fees (certain Game versions and the premium services and access to additional content may be provided to paying users only). You can find the current fees and payment terms at the platform/service provider’s Game access pages etc. Goodbye Kansas may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Goodbye Kansas and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Goodbye Kansas or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
However, a remaining portion of the payment may be credited in Goodbye Kansas’ and/or the platform/service provider sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Goodbye Kansas or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Goodbye Kansas or the platform/service provider are not required to collect) and for all hardware, software, mobile/handheld, Internet, Virtual Reality/Augmented Reality equipment (platform specific VR/AR headsets/screen etc.) and other costs you incur to access and play the Game. Goodbye Kansas and/or the platform/service provider reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Goodbye Kansas or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, Goodbye Kansas or the platform/service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game subject to the other applicable provisions, limitations and restrictions in this EULA. You may not upload or republish the Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game Content is strictly prohibited unless explicitly permitted in this Agreement. However, you may upload recordings of yourself playing the Game on channels like Twitch.com and YouTube.com etc, provided that such use is done in good taste and does not infringe the intellectual property rights of Goodbye Kansas or reflect negative on Goodbye Kansas or the Game. If Goodbye Kansas or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at Goodbye Kansas’ or the platform/service provider’s discretion.
10. Delivery of products and services, Updates and New Releases
GOODBYE KANSAS PROVIDES THE GAME ON AN “AS IS” BASIS. GOODBYE KANSAS OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE GAME THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, GOODBYE KANSAS OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE GAME, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE GAME, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE GAME, PRODUCT OR SERVICE, AS DETERMINED BY GOODBYE KANSAS OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.
GOODBYE KANSAS MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, GOODBYE KANSAS WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT GOODBYE KANSAS MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO OFFER ANY OR ALL OF THE FOREGOING TO YOU. GOODBYE KANSAS MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, GOODBYE KANSAS WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, GOODBYE KANSAS WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
11. Links to other Games etc.
The Game, platforms etc. may contain advertising and links to other games, websites, services etc. Goodbye Kansas does not review or evaluate any adverts or games, websites, services etc. linked to in the Game or the platforms and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, games, websites, services, the platforms etc. You should carefully review the adverts and respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Goodbye Kansas be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods, or services etc. available on such games, websites, services, platforms etc.
Your access to and/or playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Goodbye Kansas, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.
THIS EULA IS EFFECTIVE UNTIL AMENDED BY GOODBYE KANSAS IN ITS SOLE DISCRETION. GOODBYE KANSAS MAY CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECT OF THE GAME AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF THE GAME OR ANY FEATURE, WITHOUT PRIOR NOTICE OR LIABILITY. GOODBYE KANSAS MAY CEASE TO PROVIDE THE GAME OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE GAMES, TERMINATE THE EULA, AND CANCEL ALL OF THE RIGHTS GRANTED TO YOU UNDER THE EULA AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY. GOODBYE KANSAS MAY, BUT IS NOT OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (I) IN A NOTICE IN THE GAME; (II) VIA ELECTRONIC MAIL; (III) IN THIS EULA, OR (IV) IN ANOTHER MANNER THAT GOODBYE KANSAS DEEMS SUITABLE TO INFORM YOU OF THE TERMINATION. IF GOODBYE KANSAS TERMINATES THE GAME, YOU WILL NOT RECEIVE A REFUND OF PAID FEES. IN THE EVENT OF ANY TERMINATION HEREUNDER SECTIONS 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28 AND 29, OF THIS EULA WILL SURVIVE TERMINATION.
14. Disclaimers and limitations of liability
THE GAME IS PROVIDED BY GOODBYE KANSAS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOODBYE KANSAS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, GOODBYE KANSAS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF GOODBYE KANSAS, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH GOODBYE KANSAS PROVIDE RULES FOR USER CONDUCT AND POSTINGS, GOODBYE KANSAS DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. GOODBYE KANSAS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GOODBYE KANSAS, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GOODBYE KANSAS, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “GOODBYE KANSAS” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM GOODBYE KANSAS OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GOODBYE KANSAS’ RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. GOODBYE KANSAS TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GOODBYE KANSAS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOODBYE KANSAS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT GOODBYE KANSAS SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOODBYE KANSAS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GOODBYE KANSAS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOODBYE KANSAS OR AN GOODBYE KANSAS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
GOODBYE KANSAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND GOODBYE KANSAS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOODBYE KANSAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOODBYE KANSAS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Game and/or advertising related to the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Goodbye Kansas takes no responsibility for such effects in the Game and advertising related to the Game and end results thereof and you are accessing and playing the Game and seeing the advertising on your own risk. Nor does Goodbye Kansas take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the Game or seeing the advertising etc.
17. Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Goodbye Kansas or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available in the Game, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (“Goodbye Kansas Content”) are owned by Goodbye Kansas and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Goodbye Kansas and/or its partners and licensors. Goodbye Kansas and its partners and licensors retain all right, title and interest in and to the Goodbye Kansas Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Goodbye Kansas Content in any form or for any means, unless expressly permitted in this Agreement. Goodbye Kansas’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Goodbye Kansas. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Goodbye Kansas Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Game or Goodbye Kansas Content. Unless explicitly stated herein, nothing in this EULA shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against Goodbye Kansas any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
You hereby irrevocably, and without additional consideration beyond the rights granted to You herein, assigns to Goodbye Kansas any and all right, title and interest that You may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while playing the Game, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, You hereby grants Goodbye Kansas an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.
19. Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Goodbye Kansas’ rights to control the Game’s environment, and the conduct of the End Users within that environment, Goodbye Kansas prohibits the following practices that Goodbye Kansas has determined detract from the overall user experience and you are strictly prohibited from:
1) Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game;
2) Use of your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played or services used;
3) Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Goodbye Kansas;
4) Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
5) When naming any character, team, guild or clan you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
6) You may not post or communicate any player’s real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
7) You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
8) You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
9) You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;
10) You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Goodbye Kansas;
11) You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
12) You may not impersonate any Goodbye Kansas representative, employee, consultant, partner etc;
13) You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
14) You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
15) You may not market, promote, advertise, or solicit products or services in the Game;
16) You may not modify any part of the Game, or Clients, Servers etc;
17) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
18) You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
19) You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;
20) You will follow the instructions of authorized personnel in or related to the Game;
21) You may not organize nor be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
22) You may not provide false information or intentionally hide any information when registering for your account in the Game;
23) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
24) You will not exploit any bug in the Game and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to: firstname.lastname@example.org.
25) You will not attempt to play the Game on any server or platform that is not controlled or authorized by Goodbye Kansas, its designees or platform/service providers;
26) You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of Goodbye Kansas;
27) You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
28) Using Goodbye Kansas’ copyrights or trademarks or any confusingly similar marks;
29) Uploading invalid data, viruses, worms, or other software agents to the Game;
30) Collecting information from other End Users without obtaining their consent; or
31) You may not use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
If you post recordings of your playing of the Game on sites like Twitch.com, YouTube.com etc. you shall refer to the name of the Game and give Goodbye Kansas Game Invest AB credit as the developer of the Game. Such recordings and postings shall be done in good taste.
20. Communication and Feedback
Goodbye Kansas may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Goodbye Kansas may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Goodbye Kansas. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Goodbye Kansas, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to Goodbye Kansas and acknowledge that Goodbye Kansas may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Goodbye Kansas by following the specific instructions in promotional messages or by our customer support at: email@example.com. These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.
21. Electronic communications
When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Goodbye Kansas finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
Disputes between you and Goodbye Kansas
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST GOODBYE KANSAS, YOU AGREE TO FIRST CONTACT GOODBYE KANSAS AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM (“NOTICE”) TO GOODBYE KANSAS. THE NOTICE TO GOODBYE KANSAS MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 30 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU AND GOODBYE KANSAS CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 23-26.
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory 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; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Goodbye Kansas can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Goodbye Kansas in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your Game account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Goodbye Kansas Game Invest AB, Hammarbyterrassen 3, SE-120 30 Stockholm, Sweden, and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.
24. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU AND GOODBYE KANSAS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS EULA MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
26. Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to this EULA that is not subject to mandatory arbitration as set forth above in section 23 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Goodbye Kansas may apply to any court of competent jurisdiction for injunctive or other equitable relief.
If for any reason any provision of the EULA shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Goodbye Kansas reserves the right, at its discretion, to update or revise the EULA at any time. Goodbye Kansas will post such changes in the Game and or forums etc. related to the Game and these additional or revised terms will become part of the EULA. Please check this EULA document periodically for changes. Your continued playing of the Game constitutes your binding acceptance of the EULA, including any changes or modifications made by Goodbye Kansas as permitted above.
29. Entire agreement, Assignment
This EULA constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Goodbye Kansas may assign its rights under the EULA without notice to you. You may not assign Your rights under the EULA.
The Game and related products and services hereunder are offered by Goodbye Kansas Game Invest AB, a Swedish corporation, with registered and business offices at Hammarbyterrassen 3, SE-120 30 Stockholm, Sweden. If you have questions or concerns about these Terms or Use, contact us at:
Telephone: +46 8 556 990 00
Last Updated: July 3, 2019.