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Effective Date: July 21, 2024

1. Acceptance of these Terms of Use

These terms of use (the “Terms of Use”) are entered into by and between you and Default Company OÜ, a company registered in Magdaleena tn 15-15, 11312 Tallinn, Estonia (“Default Company”, “we”, “our”). These Terms of Use govern your use of the video game "Section Gamma" (the “Game”).

By using the Game, you agree to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, do not use the Game.

You must be 18 years or older, or have your parent or guardian’s consent, to agree to these Terms of Use and use the Game. Additionally, you must have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

2. Privacy Policy

All personal information we collect through the Game is subject to our Privacy Policy. Please refer to our Privacy Policy for details on how we collect, use, protect, store, disclose, and process your personal information.

3. Accounts for the Game

You must provide current and accurate information during registration and maintain the confidentiality of your account information. Notify us immediately of any security breaches.

4. In-Game Purchases

In-Game purchases are governed by the terms and conditions and/or EULA of the app store where you installed the Game. Direct all communications relating to in-Game purchases, including refund requests, to that app store.

5. Intellectual Property Rights

All content and intellectual property in the Game, including trademarks, features, and functionality (collectively, “Default Company IP”), are owned by Default Company or its licensors and are protected by intellectual property laws. You must not use Default Company IP without prior written permission.

6. Feedback

By providing Feedback to Default Company, you assign all intellectual property rights in such Feedback to Default Company. We can use and process the Feedback without any restriction or obligation.

7. Limited License to Use the Game

We grant you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Game for personal, non-commercial use, subject to these Terms of Use and any applicable EULA. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material included in the Game for commercial purposes. Exceptions to this are outlined in section 8.

8. Limited License to Broadcast Gameplay

We grant you a limited, revocable, royalty-free license to broadcast your gameplay of the Game, subject to compliance with these Terms of Use. You may monetize the broadcasted content through partner programs and/or advertising, provided anyone can view the broadcasted content for free. No unauthorized content or leaks are allowed. We can revoke this license at any time.

Broadcasting users assume all liability for ensuring their broadcasted content, and any monetization of broadcasted content, fully complies with all applicable laws, terms of use, policies, rules, and guidelines. The broadcasted content must strictly comply with these Terms of Use, any applicable EULA, and the Privacy Policy.

9. Modded Versions of the Game

You may not create, distribute, or use any Modded Versions of the Game.

It is strictly prohibited to use any Modded Version of the Game to gain an advantage in multiplayer modes. Any unauthorized modifications to the Game are prohibited.

10. Fan Content

We appreciate and support the creativity of our community and encourage you to create fan content based on the Game. However, to ensure a consistent and fair use of our intellectual property, please adhere to the following guidelines:

1. Non-Commercial Use: Your fan content must be non-commercial. This means you cannot sell, license, or otherwise monetize your fan content in any way.
2. Attribution: Clearly credit the Game as the source of inspiration for your fan content. Use appropriate disclaimers, such as "This is a fan-made creation based on Section Gamma, which is owned by Default Company OÜ."
3. No Endorsement: Do not imply or state that your fan content is officially endorsed or approved by us.
4. Respectful and Appropriate: Ensure your fan content is respectful and appropriate for all audiences. Avoid content that is offensive, derogatory, or otherwise inappropriate.
5. No Modding: As stated in Section 9, you may not create, distribute, or use any Modded Versions of the Game, even as part of fan content.

We reserve the right to request the removal of any fan content that violates these guidelines or that we deem inappropriate for any reason.

By following these guidelines, you can create and share your fan content while respecting our intellectual property rights.

11. Prohibited Uses

You agree not to:

• Use the Game for unlawful purposes or to exploit or harm anyone.
• Submit or link to defamatory, abusive, hateful, spam, adult, objectionable, personal, or infringing content.
• Violate others' legal rights, collect or store personal information without permission.
• Remove copyright or proprietary rights notices from the Game.
• Disable, overburden, damage, or impair the Game or interfere with others' use.
• Cheat, access the Game unauthorizedly, use multiple accounts, share accounts, or trade accounts.
• Use automated or manual devices to access the Game for monitoring or copying content.
• Modify, translate, or reverse engineer the Game.
• Introduce malicious software or attempt unauthorized access.
• Exploit bugs in the Game.
• Use bots, conduct spam, or advertising.
• Bypass bans, manipulate software, or use cheats.
• Duplicate accounts or bypass bans.
• Encourage or enable any other person to do any of the foregoing.

12. Service Availability

We strive to keep the Game and its services available to you at all times. However, we cannot guarantee that the Game or any related services will be available without interruption, errors, or downtime.

In the event that we need to take the Game offline for maintenance or other reasons, we intend to provide at least one month's notice to all users. However, there may be circumstances beyond our control that prevent us from providing this notice.

By using the Game, you acknowledge and accept that interruptions and downtime may occur, and we shall not be liable for any losses or damages resulting from such interruptions.

We reserve the right to withdraw or modify the Game without notice, and we are not under any obligation to provide support, maintenance, updates, or enhancements for the Game or any prior versions of the Game.

13. Liability and Indemnification

We disclaim all liability for damages arising from your use of the Game, including data loss. You agree to indemnify Default Company against any claims arising from your violation of these Terms of Use.

14. Termination

We may terminate your access to the Game at our discretion at any time.

15. Governing Law and Jurisdiction

These Terms of Use and any related disputes will be governed by the laws of Estonia. Any legal action must be brought in the courts of Tallinn, Estonia.

16. Entire Agreement

These Terms of Use, our Privacy Policy & IP Guidelines, and any applicable EULA constitute the entire agreement between you and Default Company regarding the Game.

17. Changes to these Terms of Use

We may revise and update these Terms of Use from time to time. All changes are effective immediately when posted. Continued use of the Game signifies acceptance of the changes. Check this page periodically for updates.

18. Contact Information

If you have any questions or concerns about the Game or these Terms of Use, please contact us at [email protected].

19. Moderation of Content

We reserve the right to moderate chat and other content within the Game. We may ban users, rename usernames, or refuse business at any time for any reason.

20. iOS Users

If you installed the Game through the iOS App Store, the following additional terms apply:

1. It is hereby acknowledged by you and Default Company that these Terms of Use are not in alignment with those set forth by Apple. Consequently, Apple is not held accountable for the Game or its content.
2. It is prohibited to utilize the Game in any manner that contravenes or is inconsistent with Apple's usage rules or the terms of the iOS App Store (collectively, the "Apple Terms").
3. The license to utilize the Game is constrained to a non-transferable license to employ the Game on an iOS device that the licensee owns or controls, in accordance with the stipulations set forth in the Apple Terms.
4. It is acknowledged that Apple has no obligation to provide maintenance or support services for the game.
5. It is acknowledged that Apple is not responsible for any product or software warranties, whether express or implied by law. In the event of any failure of the Game to conform to any applicable warranty, the user may notify Apple through the methods described in the iOS App Store, and Apple will refund the purchase price for the Game to the user, if any. Insofar as is permitted by applicable law, Apple shall have no further warranty obligations with respect to the Game, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty. This is on the condition that such warranty obligations cannot be disclaimed under applicable law.
6. It is acknowledged by you and Default Company that Default Company is solely responsible for addressing any claims made by you or any third party relating to the Game or your possession and use of the Game. This includes, but is not limited to, product liability claims, any claim that the Game fails to conform to any applicable legal or regulatory requirement, and any claim arising under consumer protection or similar legislation. In the event of any third-party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, Default Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. It is your responsibility to ensure that you are not located in any 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. Furthermore, you must not be listed on any U.S. Government list of prohibited or restricted parties, and you must not be located in any other country or jurisdiction from which you would be barred from using the Game by applicable law.
8. It is incumbent upon the user to comply with all applicable third-party terms when utilising the Game.
9. It is acknowledged and agreed by the user and Default Company that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use. Consequently, Apple will have the right to enforce these Terms of Use against the user as a third-party beneficiary.