IMPORTANT – READ CAREFULLY: These Terms of Use (“Terms“) is a legal agreement between you (“you” or “your“) and CURIOUSCHAOS STUDIO LTD (“CURIOUSCHAOS STUDIO“) also referred to as “us/we/our” and governs the use by you while you play CURIOUSCHAOS STUDIO’s games (“Games“) and/or use CURIOUSCHAOS STUDIO’s websites that link to these Terms of Use (“Websites”), or downloadable games and/or applications (“App“) (collectively, the “Services“). By using the Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Services.
BY PURCHASING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
PLEASE REVIEW CURIOUSCHAOS STUDIO’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. BY ACCEPTING THESE TERMS, YOU ARE ALSO ACCEPTING THE PRIVACY POLICY.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of any App (including any related services provided by CURIOUSCHAOS STUDIO). By using any App, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use any App. This Agreement is the final, complete and exclusive agreement of you and CURIOUSCHAOS STUDIO with respect to the subject matters hereof (including the Apps) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements, Terms of Service or Privacy Policy).
EULA Policy
1.END USER LICENSE AGREEMENT
Effective Date: 2024-01-25
This end user license agreement (hereinafter referred to as the “EULA”) constitute a legal and binding agreement between CURIOUSCHAOS STUDIO LTD, with registered office at Forest-Side Mauritius, business registration no. C23202225 , including its subsidiaries, affiliates and contractors acting on its behalf (hereinafter collectively referred to as “Us”, “We”, or “Our”) and any person or entity and its heirs, agents, successors and assigns that have acquired, or is authorized to, access Our NOIR – Risen Shadows App (hereinafter singularly and collectively referred to as “You” or “Your”).
IMPORTANT NOTICE: Your continued use of the NOIR – Risen Shadows App constitutes Your expressed acceptance of, and agreement to be bound by, this EULA, as in force from time to time. Therefore, You understand and acknowledge that by downloading, accessing, installing or using the NOIR – Risen Shadows App You agree to be bound by the terms of this EULA. If You do not accept such terms in their entirety, You must not download, access, install or use the NOIR – Risen Shadows App. If You agree to this EULA on behalf of an entity, or in connection with providing or receiving services on behalf of an entity, You represent and warrant that You have the authority to bind that entity to this EULA. In such an event, “You” and “Your” will refer and apply to that entity or agency.
2.DEFINITIONS
The following capitalized terms shall have the meanings set forth below, provided that the singular includes the plural and vice-versa, and any gender shall include the other genders:
1. “Data” means any information, text, message, App, picture, sound, video, music and any library, data, content, or material transmitted or conveyed through the NOIR – Risen Shadows App and/or the related Services.
2. “Commencement Date” means any of the following moments, whichever occurs first: (i) Your express acceptance of this EULA; (ii) Your download and/or installation of the NOIR – Risen Shadows App; (iii) Your acceptance of any valid communication with Us or any of Our authorized representative that refers to this EULA.
3. “Force Majeure” means any act, event or cause, except in relation to obligations to make payments, beyond the reasonable control of the Party affected by that force majeure including, without limitation, any act of God or any public enemy, fire, flood, explosion, landslide, epidemic, breakdown of or damage to plant, equipment or facilities, inability to obtain or unavailability of or damage to materials, ingredients or supplies, strikes, labor disputes, war, sabotage, riot, insurrection, civil commotion, national emergency and martial law, expropriation, restraint, prohibition, embargo, decree or order of any government, governmental authority or court.
4. “Intellectual Property Rights” or “IP Rights” means all intellectual property and other similar proprietary rights in any jurisdiction, whether owned or held for use under license, whether registered or unregistered, including such rights in and to: trademarks, logos, trade names, patents and patent applications, utility models, inventions, discoveries, writings and other works of authorship, trade secrets, information that is not generally known to the public or that constitutes a trade secret under any applicable Law, App (including, without limitation, data files, source code, object code, application programming interfaces, databases and other App-related specifications and documentation), advertising and promotional materials, as well as claims, causes of action and defenses relating to the enforcement of any of the foregoing. In each case above, “IP Rights” include also any registrations of, applications to register, and renewals and extensions of, any of the foregoing before or by any governmental authority in any jurisdiction.
5. “Law” means, collectively and indistinctly, any applicable local, state, national, and international laws, by-laws, rules, regulation, circulars, notifications, ordinances, protocols, codes, guidelines, policies, notices, directions, orders, decrees, judgments of courts, or other requirements of any governmental authority.
6. “Party” means either You or Us, while “Parties” means, collectively, both You and Us.
7. “NOIR – Risen Shadows App” means, collectively and indistinctly, Our “ NOIR – Risen Shadows” proprietary App and any Third-Party App integrated thereto, which is made available to You according to this EULA . In particular, the said “ NOIR – Risen Shadows” App has the following features: NOIR – Risen Shadows is a parkour mobile game . “Personal Data” means any Data referred to an identified or identifiable natural person. “Personal Data Protection Laws” mean any applicable Law regarding the protection of Personal Data. “App” means, collectively and indistinctly, any App, including, without limitation, computer App, documentation (including, without limitation, standard product documentation, user and technical documentation, further documents that describe the standard functionalities thereof, etc.), tool, application, application programming interface (API), development libraries, user interfaces, component, user interface, appearance (including, without limitation, images, designs, fonts, etc.), code (including, without limitation, assemblers, applets, compilers, source code, source code listings, object code, plug-in, etc.), as well as any fixes, patches, updates or upgrades to such items.
8. “Services” means, collectively and indistinctly, the services (including, without limitation, SaaS, internet-based service, etc.) made available to You according to this EULA . To such purpose, “Services” include also the access to any Software_Name Software’s website platform and any associated feature or service, as well as anyApp or Data to which is provided access to You as part of the NOIR – Risen Shadows App and/or the same Services.
9. “Third-Party App” means, collectively and indistinctly, any App developed, distributed or sold by an entity other than the Parties.
3.SOURCES, ACCESS, DELIVERY AND REQUIREMENTS
Authorized sources. You must lawfully acquire the NOIR – Risen Shadows App by purchasing, downloading at NOIR – Risen Shadows.
1. Access. Your access to the NOIR – Risen Shadows App is granted under the terms of this EULA.
2. Requirements. Only the App running on the hardware and in the environment specified in the NOIR – Risen Shadows App’s documentation is unconditionally eligible for running the same, as well as for Our support and other services. You agree that You are solely responsible for these requirements, as well as for any needed changes, updates and fees.
4.RIGHTS GRANTED
1. Grant of license. You are granted a limited, worldwide, non-assignable, non-sublicensable, non-transferable and non-exclusive license to use the NOIR – Risen Shadows App according to the terms herein.
2. Allowed devices. You are permitted to access and use the NOIR – Risen Shadows App by running only on any compatible devices.
3. Scope of the license. You agree that You will use the NOIR – Risen Shadows App only in connection with Your own normal internal commercial use, and You will not – unless otherwise provided in this EULA – sell, lease, re-distribute, provide managed service, or otherwise provide or make available, either directly or via other means, or otherwise, the NOIR – Risen Shadows App to any third party.
4. Third-Party App. You expressly acknowledge and accept that certain content, products and services available via the NOIR – Risen Shadows App may include Third-Party App, as specified in the NOIR – Risen Shadows App’s PRIVACY POLICY documentation. All Third-Party App is licensed to You under the terms of this EULA, unless We provide other terms along with the NOIR – Risen Shadows App’s documentation. To any Third-Party App shall apply Sects. 9.1), 9.2), 9.3) and 9.4) below and, therefore, without limiting the foregoing, We are not responsible for examining or evaluating the content or accuracy of the Third-Party App nor provide any warranty, express or implied, with respect to any Third-Party App and expressly disclaim any warranty or condition of merchantability, fitness for a particular purpose, title, and non-infringement.
5. Reservation of rights. We expressly reserve all rights not expressly granted to You in this EULA.
5.YOUR RESPONSIBILITIES
1. General responsibilities. You are entirely responsible for the use of the NOIR – Risen Shadows App and, to such purpose, You shall not use, encourage, promote, facilitate, instruct (or induce others to do the foregoing on) the NOIR – Risen Shadows App for any activity that violates any applicable Law or to transmit, store, display, distribute or otherwise make available any Data that is illegal or that would encourage or constitute a criminal or civil liability under any Law.
2. Data lawfulness. You undertake to have all the interest and title (including, without limitation, any related Intellectual Property Right) in and to the Data that You may transmit, store, display, distribute or otherwise make available through the NOIR – Risen Shadows App, and that You are the sole responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. Without limiting the foregoing, You warrant and represent that such Data is fully compliant with any applicable Law. In no way whatsoever We will be responsible for any of such Data.
3. Updates. In case the NOIR – Risen Shadows App needs any update , You expressly agree to install such updates as soon as they are available, bearing any and all the related costs, if any. You shall bear full risk of any loss or damage in case any updates are not properly and timely installed due to Your fault; We expressly disclaim any liability in such respect.
4. Export regulations compliance. You expressly acknowledge that You are not an entity targeted by any Law which provides economic sanctions, export controls, import regulations or trade embargoes, nor You are otherwise owned or controlled by, or acting on behalf of, any person or entity targeted or in any way affected by the foregoing. Furthermore, You expressly acknowledge that You will not download or otherwise export or re-export the NOIR – Risen Shadows App’s content, products or services or any related technical data directly or indirectly to any person or entity targeted by the aforementioned Law or for any end-use prohibited or restricted by such Law.
5. Indemnification. You agree to indemnify, defend, and hold harmless CURIOUSCHAOS STUDIO, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this EULA or any activity related to your use of the NOIR – Risen Shadows App (the “App”), whether by you or any other person accessing the App using your account. You also agree to indemnify, defend, and hold harmless [Your Company Name] against any claims that information or content you provide in connection with the App infringes any rights of a third party or violates any applicable law.
5.1. Remedies. You expressly agree and acknowledge that any violation of Your obligations pursuant to this EULA may cause Us irreparable harm and damage, which may not be recovered at law. Therefore, You agree that Our remedies for breach of this EULA may be in equity by way of injunctive relief, as well and any other relief available, whether in law or in equity.
CURIOUSCHAOS STUDIO reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CURIOUSCHAOS STUDIO in asserting any available defenses.
6.LICENSE CHECKS, UPDATES, AVAILABILITY AND DISCONTINUATION
1. Updates. We, in Our sole discretion, reserve the right to add or remove tools, utilities, improvements, Third-Party App, features or functions, or to provide programming fixes, updates and upgrades, to the NOIR – Risen Shadows App in order to improve and enhance the features and performance thereof and/or according to Our discontinuation policy. The NOIR – Risen Shadows App contains automatic update technology, a feature used to provide maintenance (such as a bug fix, patches, enhanced functions, missing plug-ins, and new versions) and, by installing the same NOIR – Risen Shadows App initially, You consent to the transmission of standard computer information and the automatic downloading and installation of maintenance App. Given the preceding, You expressly acknowledge and agree that: (i) We have no obligation to make available and/or provide any updates; (ii) in case We provide any updates, this EULA shall automatically apply thereto, unless We provide other terms along with such updates; (iii) We disclaim any liability in case any updates result in an unavailability, deficiency or incompatibility of any Third-Party App (and/or of any other pre-existing feature or function) with the updated App.
2. Availability. We will use commercially reasonable efforts to ensure the availability of the NOIR – Risen Shadows App for Our customers. Regardless, You acknowledge and agree that We have no control or liability over the availability of the NOIR – Risen Shadows App on a continuous or uninterrupted basis, so that from time to time the same may be inaccessible or inoperable, including, without limitation, for: (i) equipment malfunctions, periodic maintenance procedures or repairs; (ii) Force Majeure; (iii) limitations due to Your particular device or hardware; (iv) unavailability, deficiency or incompatibility of any Third-Party App with the NOIR – Risen Shadows App for any reason (e.g., third-party’s or Our discontinuation policy, incompatibilities between any updates and a Third-Party App, etc.).
3. Discontinuation policy. You expressly acknowledge and accept that the NOIR – Risen Shadows App is subject to Our discontinuation policy and, therefore, We reserve the right – without Our liability in such respect towards You or any other third party – to discontinue any App’s feature, content or service (including, without limitation, access to technical support, access to Third-Party App, etc.), in accordance with such discontinuation policy. The preceding applies also to any Third-Party App, which is subject to such third party’s discontinuation policy, without Our liability towards You or any other third party in case any updates result in an unavailability, deficiency or incompatibility of any pre-existing Third-Party App with the updated App.
7.INTELLECTUAL PROPERTY RIGHTS
We hold and retain all an any title and interest in and to the NOIR – Risen Shadows App, as well as in any Intellectual Property Right associated with the same and, therefore, nothing in this EULA will be interpreted as a transfer, in whole or in part, of any IP Rights in and to the NOIR – Risen Shadows App to You or any other third party. Accordingly, You must not, and must not cause or permit others to: (i) remove or alter any NOIR – Risen Shadows App identification code, marking or notice from Us or Our licensors; (ii) copy, modify, adapt, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute or republish any part of the NOIR – Risen Shadows App; (iii) perform or disclose any benchmark or performance tests of the NOIR – Risen Shadows App or any associated infrastructure (such as, without limitation, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, penetration testing, etc.); and (iv) license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau use, or otherwise commercially exploit or make available the NOIR – Risen Shadows App to any third party.
8.PRIVACY AND DATA PROTECTION
1. Privacy Policy. You declare to have carefully read Our PRIVACY POLICY and got a clear understanding of how We collect, use, protect or otherwise handle Personal Data in the provision of the Services.
2. Anonymized Data analysis. We are allowed to analyze anonymized Data (i.e., Data that are no more Personal Data and that, therefore, do not include personal identifiers of a person, such as his or her name, e-mail address, address, etc.) for the purpose to maintain, update or improve the NOIR – Risen Shadows App and/or the Services, as well as to conduct internal statistics and analytics on the use and proper functioning of the same Services. You have no right, title or interest in any result of these analyses performed by Us, which shall be deemed as Our Intellectual Property Rights.
9.WARRANTY AND LIABILITY
1. Limited warranty. THE NOIR – Risen Shadows APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
2. Disclaimer of liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DEVICE FAILURE OR MALFUNCTION, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, ETC.) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE NOIR – Risen Shadows APP, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3. Mandatory legal provisions. Some jurisdictions do not allow certain limitations of warranty or liability, therefore some or all of the limitations above provided may not apply to You. In such case, the limitations provided herein shall be applicable to the fullest and maximum extent permitted by the applicable Law.
10.MISCELLANEOUS
1. Assignment. You are not allowed to assign this EULA or any rights hereunder, unless with Our previous written consent. Conversely, We are allowed, at Our sole discretion, to assign this EULA or any rights hereunder to any third party, without giving You any prior notice.
2. Force majeure. A Party shall not be responsible for any failure to perform due to any event of Force Majeure. In the event of any such delay, the affected Party will be excused from such performance to the extent it is delayed or prevented by such cause. However, the other Party may terminate this EULA forthwith on written notice if such Force Majeure condition continues for a period of sixty (60) days.
3. No implied waiver. Any tolerance or silence by Us, even if on a continuous and reiterated basis, in relation to any breach or default by You of any provision of this EULA shall not be considered as a consent to such breaches and defaults and shall not affect the validity of the clause breached nor shall be construed as a waiver to any of the rights pertaining to Us pursuant to this EULA and/or the applicable Law.
4. Severability. Should any part of this EULA be declared illegal or unenforceable, the remaining portion will remain in full force and effects.
5. Amendments. The effective date of the last version of this EULA is written above. We have the right to amend this EULA at any time, and to change, delete, discontinue or impose conditions on use of the NOIR – Risen Shadows App, in which case the new terms and conditions will supersede prior terms. Any changes will be effective after thirty (30) days from the time We first notify You about such changes via email or/and notifications while using the NOIR – Risen Shadows App and/or other reasonable means. Your continued use of the NOIR – Risen Shadows App following changes to this EULA after the effective date of a revised version thereof constitutes Your expressed acceptance of, and agreement to be bound by, this EULA as in force from time to time. If You do not accept modified EULA in part or full, You must terminate Your account and stop using the NOIR – Risen Shadows App before the change takes effect.
11.Feedback.
CURIOUSCHAOS STUDIO LTD does not accept unsolicited feedback, suggestions or other information about the Services, the CURIOUSCHAOS STUDIO LTD Content or other aspects of its business. If you provide CURIOUSCHAOS STUDIO LTD with feedback or other ideas, you agree that CURIOUSCHAOS STUDIO LTD is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@curiouschaosstudio.com.
Copyright © 2024 Curiouschaos Studio LTD.