Last updated: September 9th 2020
Greetings! This document outlines the User Agreement between you the user and Plus Infinity Studio about the general rules on what you can and cannot do with the our games and services.
1 ABOUT THIS AGREEMENT
1.1 This Agreement is a legally binding contract between you and Plus Infinity Studios LLC (heretofore called as “PLUS INFINITY STUDIOS ”) and applies to Midjungard.com, Waterloo3Dcom, any other PLUS INFINITY STUDIOS websites, any and all PLUS INFINITY STUDIOS games including but not limited to Midjungard Battle Royale, Waterloo 3D, PLUS INFINITY STUDIOS forums, wikis, blogs, social media accounts, PLUS INFINITY STUDIOS accounts, PLUS INFINITY STUDIOS customer and technical support and any other services we provide to you (we’ll call all this “PLUS INFINITY STUDIOS games and services” for short). It is binding on you and us once you use any PLUS INFINITY STUDIOS games or services.
1.2 Age Rating
Every Plus Infinity Studios videogame has its own age rating which you should check before using this game. If you are under 18 (or whatever is the age of adulthood in your country) please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter fully into contracts like this Agreement), even if the age rating for a given game is lower than 18 year.
2 USING PLUS INFINITY STUDIOS GAMES AND SERVICES
2.1 We give you the personal right (known legally as a ‘license’) to download, install, play and use PLUS INFINITY STUDIOS games and services. This license is for your personal use only (so you cannot give a sub-license to someone else) and doesn’t give you ownership rights.
3 PLUS INFINITY STUDIOS BETA ACCESS
3.1 We may release ‘beta’ versions of PLUS INFINITY STUDIOS games or services before their full commercial release. If so:
4 SYSTEM REQUIREMENTS
4.1 Each PLUS INFINITY STUDIOS game or service will explain any specific system requirements needed for you to use them. Please make sure your system meets these requirements! Online elements of our games or services may need Internet access too. We do not include any DRM in our games ourselves, but some console/device manufacturers or game portals might use security technology, which is outside of our control. If the game or service requires internet access please make sure that you have ways and means to do so.
5 PATCHES, UPDATES AND CHANGES
5.1 Occasionally we may need to patch or update PLUS INFINITY STUDIOS games or services (for example to add or remove features or to resolve software bugs). We need these rights in order to keep our games and services running efficiently and smoothly to accommodate operating system updates, video card driver updates etc.
6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 PLUS INFINITY STUDIOS games and services, including (but not limited to) their concept art, work-in-progress art, graphics, computer code, user interface, look and feel, audio, music, video, text, layout, databases, data and all other content and all legal and exploitation rights regarding them, are either owned by us or we license them from third parties. All rights are reserved except as we have explained in this Agreement. You may not use or exploit any part of PLUS INFINITY STUDIOS games or services except as explained in this Agreement.
7 WHAT YOU CANNOT DO WITH PLUS INFINITY STUDIOS GAMES AND SERVICES
7.1 Please follow these rules regarding PLUS INFINITY STUDIOS games and services:
8 USER GENERATED CONTENT
8.1 This section is about content (e.g. text, photos or links), which you make available either to us or to other PLUS INFINITY STUDIOS users (for example through forum messages to other PLUS INFINITY STUDIOS users) or any other content which you create using PLUS INFINITY STUDIOS content. We’ll call this “User Generated Content”. Please remember that PLUS INFINITY STUDIOS game or service may have additional separate legal Rules specifying your rights and obligations with respect to relevant User Generated Content.
8.2 As far as we and you are concerned, you own any User Generated Content you created but we need you to give us certain rights over it so that we can actually transmit it through PLUS INFINITY STUDIOS games and services. So, when you make your User Generated Content available through any of PLUS INFINITY STUDIOS games or services or forums you give us a non-exclusive, irrevocable license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with PLUS INFINITY STUDIOS games and services.
8.3 It is your responsibility to make sure that you have all necessary legal rights before you use User Generated Content and for checking they are safe to use. We can’t know that ourselves, and we can’t check it for you, so we rely on you.
8.4 If you create your User Generated Content using any graphics, audio, video, text, gameplay, features, characters, settings or any other content from PLUS INFINITY STUDIOS games or services (e.g you create fan mods using PLUS INFINITY STUDIOS tools) – you may use and share it for personal enjoyment, but we do not allow: (i) any use or distribution of it for money or any commercial purpose; or (ii) for that User Generated Content to be placed in third party games or services or standalone products of any kind, without our prior approval (which you can request at email@example.com). Please note we reserve the right to review each request and accept or reject it if necessary.
9 FEEDBACK OR SUGGESTIONS
9.1 You’re welcome to give us feedback and suggestions to improve PLUS INFINITY STUDIOS games and services – in such case contact us at firstname.lastname@example.org. However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.
10 THIRD PARTY CONTENT AND EXTERNAL SERVICES
10.1 You might get links from us to third party websites or content through PLUS INFINITY STUDIOS games or services. Using them is up to you and completely optional – we can’t promise if they will work as advertised or if they will be free. However the aforesaid links are not mandatory for the use of PLUS INFINITY STUDIOS games or services.
11 WARRANTIES AND LIABILITY REGARDING PLUS INFINITY STUDIOS GAMES AND SERVICES
11.1 We warrant that:
(i) We have the right to enter into this Agreement and to grant you the license to use PLUS INFINITY STUDIOS games and services in section 2.1;
(ii) We will take reasonable care with the PLUS INFINITY STUDIOS games and services and your use of them and
(iii) We will use reasonable efforts to comply with applicable laws in performing our obligations to you under this Agreement.
11.2 PLUS INFINITY STUDIOS takes every reasonable effort to ensure that PLUS INFINITY STUDIOS games and services work on your computer, console and mobile phone systems but we only have limited time to carry out tests and we don’t always get everything right. Therefore, we can’t accept any liability or responsibility if PLUS INFINITY STUDIOS games or services do not work fully or completely. Also, we are not responsible or liable for anything that happens to PLUS INFINITY STUDIOS games or services that is outside of our reasonable control.
12.1 We may cancel or suspend your access to PLUS INFINITY STUDIOS games and services if you ‘materially breach’ this Agreement. We’ll try to contact you to explain why we have done this and what (if anything) you can do as a result. It seems very unlikely, but if we have to stop providing access to any PLUS INFINITY STUDIOS games and services permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting a note on www.Midjungard.com
12.2 If we cease providing any PLUS INFINITY STUDIOS games and services, or if your use of them is cancelled or suspended (either because of us or you), we will not have any future obligations to you.
13 FORCE MAJEURE
13.1 Neither you nor we will be liable for any failure to perform any obligation under this Agreement or to provide access to PLUS INFINITY STUDIOS games and services if that failure is caused by the occurrence of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war, natural calamity, disaster or act of God.
14 GOVERNING LAW
You and we agree that your use of PLUS INFINITY STUDIOS games and services, and this Agreement, will be deemed to be entered into in Boulder, Colorado, USA and governed by and interpreted according to the laws of the State of Colorado, USA (and, if applicable, US Federal law). Any legal claim by you against PLUS INFINITY STUDIOS will be made exclusively in state court located in Boulder, Colorado, USA or the federal court located in Denver, Colorado, USA which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. In any legal claim under this Agreement, the side, who wins will be entitled to its legal fees and expenses.
15 OTHER LEGAL CLAUSES
15.1 If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
15.3 This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.
16 CHANGES TO THIS AGREEMENT
16.1 We may change this Agreement if we think it is necessary, e.g. for legal reasons or to reflect changes in PLUS INFINITY STUDIOS games and services. If so, we will make the amended Agreement available online and make reasonable efforts to communicate the changes to you.
16.2 Once we change the Agreement, it will become legally binding on you 30 days after we post it online. During that period, you are welcome to contact us at email@example.com if you have specific questions about the changes.
Last updated: Sept 9th 2020