End User License Agreement
1.1. This agreement is a contract between you and ThunderCorp Mobile LLC (hereinafter "TCP"), governing your use of our game.
1.2. For the purpose of this agreement, the term “Game” includes the software of the videogame itself, all of its components (e.g., the source code) and content (e.g., graphical or musical content).
1.3. This agreement applies to the Game and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to the Game is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement.
1.4. If you are a minor (below the legal age of majority in your country), please have the agreement reviewed and agreed to by your parent or legal guardian.
2. Application of a distributor's terms and conditions
2.1. Our Game distributer may have terms of their own. If there is anything in the distributor's terms and conditions that overlaps with the legal matters regulated in this agreement, the distributor's terms and conditions take precedence unless they provide that this agreement between you and TCP applies preferentially.
3. Health and safety warning
3.1. Due to its virtual-reality nature, the Game can be physically challenging. Please consider your state of health before you start playing. If you have any doubts, consult a physician.
3.2. Please be careful and mindful of your environment when playing the Game. Always make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you.
3.3. If you are a minor (below the legal age of majority in your country), please have the health and safety concerns checked by your parent or another responsible adult person before playing the Game.
3.4. Please note that you bear responsibility for your actions while you play the Game . We don't take responsibility for any injury or damage caused by your actions while playing the Game .
4. License terms and ownership
4.1. We give you the right to use the Game (a license) to the extent of downloading it, installing it, and playing it for your personal enjoyment.
4.2. You may not do the following with the Game :
4.2.1. use the Game for commercial purpose (including e-sport and similar events) without our prior consent or unless specifically permitted in this Agreement;
4.2.2. grant a sublicense to another person;
4.2.3. copy the Game , apart from creating copies necessary to run the Game on your gaming device;
4.2.4. sell, rent, lease or otherwise distribute the Game ;
4.2.5. edit, merge, distribute, translate, reverse engineer, decompile, disassemble the Game unless specifically permitted in this Agreement, by our prior consent, or by the mandatory rules of the applicable law;
4.2.6. cheat, willfully exploit bugs or glitches, willfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Game;
4.2.7. bypass or remove any measure preventing misuse of the Game;
4.2.8. misuse the Game in any way contrary to the applicable law, including good morals rules.
4.3. We retain all ownership rights to the Game. No proprietary right is assigned to you via this agreement.
4.4. We reserve the right to provide or unilaterally deploy patches, updates and other modifications to the Game in order to remove or correct a bug, glitch or other issue, to prevent misuse of the game or breach of this agreement, or to enhance the gameplay (e.g., provide you with additional content).
4.5. Be considerate and polite while using any online feature of the Game, especially when communicating with other players. Don't choose a rude or offensive user-name or any user-name infringing rights of others, especially personal rights. If you do this, we reserve the right to take the appropriate measures, e.g., change your user-name, block your access to the online feature of the Game, or suspend or block your access to the Game.
5.1. We grant you all the rights under this agreement to the Game "as is" and "as available". That means that we do not grant you any guarantee that the Game works without any bugs, glitches, or other issues. In as much as the applicable law permits, we don't take any responsibility or liability for the Game having any bugs, glitches, or other issues.
5.2. We warrant to you that we have the right to conclude this agreement with you and that we have the right to grant you the rights under this agreement (namely the license to use the Game).
6.1. If you materially breach this agreement, we have the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by this agreement, namely the right to use the Game, whereas we shall have no further obligations to you stemming from this agreement.
7. Governing law and dispute resolution
7.1. This agreement, your use of the Game and all claims based on, arising from or related to this agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this agreement or rights and obligations regarding any unjust enrichment incurred in relation to this agreement, shall be governed by and enforced in accordance with the law of the United States State of Delaware (excluding conflict-of-law rules), including its statutes of limitations.
7.2. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of the United States State of Delaware.
8. Changes and amendments
8.1. We reserve the right to make changes to this agreement. In such case, we will post the changes and amended text of the agreement online and take reasonable steps to draw your attention to it.
8.2. The changes shall come into effect (become legally binding) 7 days after we post the amended agreement online, unless a longer period is stipulated in the amendment. If you don't agree to the changes, you can terminate this agreement by simply ceasing to use the Game (including deleting any copy installed on your gaming device). If you continue to use the Game after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
9. Other legal matters
9.1. You may not assign this agreement or any of the rights granted in the agreement to another person.
9.2. In as much as the applicable law permits, the provisions of this agreement shall be interpreted to the fullest extent expressed in this agreement. If any of the provisions of this agreement is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
10.1. If you have any questions, comments or feedback, you can contact us via the contact form at www.monsterjunction.com. Please contact us at also in case you have any complaints in regard to our performance of this agreement.
11. Beta Test
11.1 You may be selected to participate in a beta test or evaluate preview versions of the Game. In this case you agree to:
11.1.1 provide feedback (including suggestions, comments for enhancements, functionality or usability, etc.) (“Feedback”) to TCP on your experience using, and needs and integration requirements for the Game.
11.1.2. TCP shall have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality, and you hereby grant TCP the full, unencumbered right to incorporate and otherwise fully exploit Feedback in connection with TCP’s products and services.
11.1.3. Disclaimer of Warranties: you expressly acknowledge that the Game is not at a level of functionality, performance or compatibility of a commercial offering and may have defects or deficiencies which cannot or may not be corrected. THE GAME IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. TCP DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE GAME, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TCP DOES NOT WARRANT OR GUARANTEE THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.
11.1.4. Beta test participation is voluntary and does not create any type of relationship (including but not limited to employee/contractor) between you and TCP.
12. Limitation of Liability
12.1 EXCEPT FOR LIABILITY ARISING FROM A BREACH, IN NO EVENT WILL TCP BE LIABLE HEREUNDER FOR (A) LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR (B) ANY OTHER AMOUNTS IN EXCESS OF $100, WHICHEVER IS GREATER, IN EACH CASE EVEN IF TCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.