BY EXPRESSLY CONFIRMING YOUR ACCEPTANCE VIA CHECKING THE PROVIDED BOX OR PRESSING THE “ACCEPT BUTTON”, OR OTHERWISE BY USING THE WEBSITE MORTALISGAME.COM AND RELATED WEBPAGES (THE “WEBSITE”) OR ANY OF THE MORTALIS GAME SERVICES (AS DEFINED BELOW). YOU AGREE THAT THESE TERMS AND CONDITIONS (TAC) ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TAC, YOU MUST CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THESE TAC AND IMMEDIATELY CEASE USING THE MORTALIS GAME SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TAC, YOU WILL NOT BE ABLE TO ACCESS THE MORTALIS SERVICES (OR CERTAIN PARTS THEREOF).
The “Game” shall mean collectively video game “Mortalis: Back to the Roots” and all its related modules, games, and spin-offs, including demos, updates and upgrades. The “Mortalis Game Services” shall mean the Website, the Game, and any other product or online service offered or made available by Mortalis Game, Inc. (“Mortalis Game”). Mortalis Game is a company registered in Delaware, US (Delaware Business Entity File Number 6534050) and located at 3055 25th Street, Boulder, CO 80304 USA. Mortalis Game is sometimes also referred to herein as “we,” “us,” or “our.”
The Mortalis Game Terms govern your use of The Mortalis Game Services. The Mortalis Game Terms may be amended from time to time with respect to operational and similar matters (e.g. code of conduct, gameplay etc.). We will notify you by email, via the Website or during log-in of any amendments that are going to be made by us in advance of such amendments taking effect and will invite you to accept our new Mortalis Game Terms. If you do not accept such new Mortalis Game Terms, you may no longer be able to access The Mortalis Game Services (or certain parts thereof). If you continue to use The Mortalis Game Services thirty (30) days or more after the date on which we notified you of any amended terms by email or via posting a notice on the Website then you will be deemed to have accepted such amended Mortalis Game Terms.
2. Survivor’s Camp
An account opened on the Website (“Survivor’s Camp”) will be required to access and use most of The Mortalis Services. If you have questions about registering for the Survivor’s Camp, please contact us at email@example.com. You are responsible for obtaining (at your own cost) all necessary hardware devices and telecommunications services required to access The Mortalis Game Services.
To register at Survivor’s Camp, you must have a valid email address and provide truthful and accurate information. You must be eligible to use The Mortalis Game Services for which you are registering. Some Mortalis Game Services may require the creation of a “user name”. User name is tied to your Survivor’s Camp. It may not be vulgar or offensive, nor violate anybody’s trademark or similar rights, or otherwise violate any of The Mortalis Game Terms. You may not use a user name that is used by someone else. Mortalis Game reserves the right to block or remove any user name or “persona”, if the use thereof violates any Mortalis Game Terms, laws or regulations, including personality rights, rights of privacy, or trademarks.
Only “natural persons”, as opposed to any kind of legal entities (such as corporations, limited liability companies, and/or partnerships) shall have the privilege of registering to the Survivor’s Camp. By agreeing to these TAC and registering to the Survivor’s Camp, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with these TAC on behalf of yourself and any other person (including any minor children for whom you are the parent or legal guardian) whom you authorize to use any Mortalis Game Services with your Survivor’s Camp (“Your Authorized Users”). You further agree that you are solely responsible and entirely liable for all activities conducted by Your Authorized Users with your Survivor’s Camp, and you are responsible for ensuring that you, and Your Authorized Users understand, and comply with the terms of these TAC and all other Mortalis Game Terms.
THE MORTALIS GAME SERVICES ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DO WE KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE. IF YOU HAVE ALLOWED YOUR CHILD TO ACCESS ANY OF THE MORTALIS GAME SERVICES, PLEASE ENSURE THAT, IF YOUR CHILD IS UNDER 13 YEARS OF AGE, THEY DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO US.
3. Rules of Conduct
You must not use any of The Mortalis Game Services in any improper or unlawful manner or in breach of any legislation or license that applies to you. The foregoing shall apply to any behavior in connection with your use of The Mortalis Game Services, and shall include, by way of example, the following actions:
- Post, transmit, promote, or distribute any UGC (as defined in Sec. 11.2 below) that is illegal.
- Transmit, distribute, or facilitate the distribution of any UGC that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable, or which you do not own or for which you do not have permission to freely distribute.
- Harass, threaten, or direct inappropriate activity at any user of Mortalis Game Services or any employee, partner, or contractor of Mortalis Game and its affiliates. This includes, for example, making personal attacks or threats of physical violence, repeated ‘spamming’ or sending of unwanted messages, discriminatory statements, doxxing, swatting, cyberbullying, and stalking.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting (all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text) or use of any other methods to disrupt the flow of chat in chat rooms.
- Impersonate another person (including celebrities), indicate falsely or misleadingly that you are a Mortalis Game employee or a representative of Mortalis Game or any of Mortalis Game’s partners or affiliates.
- Attempt to get a password, Survivor’s Camp information, or other private information from anyone else on The Mortalis Game Services.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, for example, advertising or promotional messaging, chain letters, pyramid schemes, fundraising, or other commercial activities.
- Improperly use web support or complaint buttons or make false reports to Mortalis Game staff.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of The Mortalis Game Services that Mortalis Game does not specifically authorize you to modify.
- Post or communicate any other user’s real-world personal information using any of The Mortalis Game Services.
- Attempt to interfere with, hack into, or decipher any transmissions to or from the servers for any of The Mortalis Game Services.
- Attempt to use Mortalis Game Software (as defined in Sec 11.1 below) on or through any service that is not controlled or authorized by us.
- Post any messages to, or otherwise attempt via any of The Mortalis Game Services, to trade or sell any physical merchandise or digital items, including, but not limited to, Virtual Goods (such as game access keys, genes, digital publications (e.g. digital book “The Gods to Be”) and entitlement items such as in-game title, special Discord role, VIP membership, VIP support and Rootseeds) or other accrued Game benefits offered by Mortalis Game.
- Post any messages to any third party site or other means of communication including email to trade or sell Merchandize (as defined in Section 7 below) or Virtual Goods (as defined in Section 9 below).
- Interfere with the ability of others to enjoy playing a Mortalis Game Service or take actions that interfere with or materially increase the cost to provide a Mortalis Game Service for the enjoyment of all its users.
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available to obtain any competitive advantage.
- Reverse engineer, decompile or disassemble all or any portion of The Mortalis Game Services.
- Sell or offer for sale, communicate to the public or otherwise distribute the Game or your Survivor’s Camp to any third party, or to transfer the Game or your Survivor’s Camp other than through means permitted by Mortalis Game (such as gifting within Mortalis’s system).
- Facilitate, create or maintain any unauthorized connection to any of The Mortalis Game Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website or the Game; and (b) any connection using programs or tools not expressly approved by Mortalis.
- Use automated measures like “bots” while using and/or playing any of The Mortalis Game Services, especially for “gold farming”.
- Attempt to fake or mask the jurisdiction you are located in (e.g. by proxy servers etc.).
This above-referenced list of conduct rules provides only examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use The Mortalis Game Services (whether or not such third parties are registered users of The Mortalis Game Services) and for the employees and representatives of Mortalis Game and its affiliates and contractors.
If you encounter another user who is violating any of the aforementioned rules of conduct, please report this activity to Mortalis Game by contacting firstname.lastname@example.org.
4. Donations & Purchases
Please note: Purchases and donations made under previous TAC continue to be governed by the corresponding clauses of the TAC, (or of the Commercial Terms, as applicable) which were in effect when those purchases and donations were made.
Mortalis Game is raising funds for the Game and other Mortalis Game Services. You may select one or more of the packages (“Packages”) offered on the Website and pay the indicated amount(s) or make a donation (the “Contribution”) in accordance with the following terms agreed between you and Mortalis Game.
Your Contribution is a deposit to be used for the development and production cost of the Game and the costs of operating and hosting the Game, the Website and the other Mortalis Game Services, as well as Mortalis Game’s corporate expenses associated with the foregoing (the “Game Cost”).
Notwithstanding anything to the contrary in these TAC, you may cancel your Contribution for any reason within 14 days of the date on which the Contribution was made (“Cancellation Period”).
To cancel your Contribution during the applicable Cancellation Period, you simply need to notify us in writing of your decision to cancel your order. You can cancel your order during the applicable Cancellation Period by emailing us at email@example.com.
If you cancel your Contribution during the applicable Cancellation Period, we will without undue delay, and in any event within fourteen (14) days from the date on which we receive notice of your decision to cancel your order, fully refund to you the respective Contribution. In accordance with applicable financial control and banking rules, we reserve the right to refund you using the same means of payment as you used to make your order.
If you already have received your Virtual Goods and cancel your order within the applicable Cancellation Period, we will remove the relevant Virtual Goods you ordered from your Account once we have processed your cancellation notice and you will no longer be able to access or use those Virtual Goods.
Mortalis Game agrees to use its good faith business efforts to deliver to you the purchased items as soon as possible. You agree that any portion of your Contribution shall not be refundable until and unless Mortalis Game has ceased development and failed to deliver the relevant items to you. In consideration of the promises by Mortalis Game hereunder, you agree that you irrevocably waive any claim for a refund of your Contribution except as set forth in the preceding sentence.
For the avoidance of doubt, following the Cancelation Period, in consideration of Mortalis Game’s good faith efforts to develop, produce, and deliver the Game and the other Mortalis Game Services with the funds raised, you agree that the Contribution shall be non-refundable regardless of whether Mortalis Game is able to complete and deliver the purchased items, the Game and/or the other Mortalis Game Services. In the unlikely event that Mortalis Game is not able to deliver the purchased items, and/or the Game, Mortalis Game agrees to refund any portion of your Contribution that is not yet used, and to post an audited cost accounting on the Website to fully explain the use of the funds raised for the Game Cost.
You acknowledge and agree that the Game and the items delivered to you may differ in certain aspects from the description of the Game and the items on the Website at the time of your Contribution, due to the evolving design of the items and the Game during development.
For the avoidance of doubt, all payments for items delivered immediately or soon after purchase, such as downloadable content and books, recurring website subscriptions or alpha passes, are not covered by this Section 4, but by Section 6 below. Merchandize is defined and covered by Section 7 below.
For a Contribution you will be rewarded with Rootseeds. These are tokens that grant you right to some benefits. The exact benefits and terms of usage will be settled sometime in the future by Mortalis Game.
6. Paid Subscription
If you pay a recurring (e.g. monthly) subscription for a Mortalis Game Service, Mortalis Game will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by email. If you continue to use The Mortalis Game Services thirty (30) days or more after the date on which we notified you by email of the relevant changes then you will be deemed to have accepted these changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees for subscriptions periods that have lapsed prior to your cancellation, and we will not prorate fees for any subscription. If your use of Mortalis Game Services is subject to use or sales tax, then Mortalis Game may also charge you for any such taxes, in addition to the subscription or other fees.
If you purchase a recurring subscription, you agree that until you cancel it Mortalis Game shall automatically renew your subscription to the relevant Mortalis Game Service on the relevant renewal date and charge the valid credit card number or other payment method which you have provided. The amount charged upon each renewal shall be the then-current subscription fee for the relevant Mortalis Game Service, excluding any promotional and discount pricing.
You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using Mortalis Game Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
The following terms and conditions will apply to any physical merchandize (e.g. T-shirts, notepads, etc.) and event tickets (collectively, “Merchandize”) that you purchase from us via the Website.
We have the right at any time, prior to our acceptance of your order (as described below), to withdraw any discount and/or to revise the prices set out on our Website to take into account increases in the costs of manufacturing, handling or shipping the Merchandize available on our Website or any increase or imposition of any tax, duty or other levy and/or any variation in exchange rates. Any prices referred to on our Website are subject to change, do not constitute an offer and may be withdrawn or revised by us at any time prior to our express acceptance of your order (as described below). We reserve the right to notify you of any mistakes in any Merchandize descriptions or errors in pricing prior to dispatching the Merchandize you have ordered to you. In such event if you instruct us to proceed with the delivery of such Merchandize, you acknowledge that such Merchandize will be provided in accordance with such revised description or price.
When you place an order for Merchandize on our Website we will send you an order confirmation email. Our acceptance of your order does not take place until you will be charged for the purchase price of such Merchandize at which point we will have agreed to enter into a contract with you for the sale of such Merchandize.
Once you have received your order confirmation email you will not be able to make any changes to your order so please make sure that everything is correct before clicking the button for placing order and paying.
We will ship the Merchandise to the delivery address stated in your order without undue delay, and in any event, within 30 (thirty) days from your order. Title and risk in respect of the Merchandize you have ordered will pass from us to you once the Merchandize is delivered to the delivery address stated in your order.
You hereby acknowledge and agree that: (a) Merchandize is shipped to you from the nearest facility available to Mortalis Game, which may, however, be outside your country or economic region; and (b) you are solely responsible for any and all applicable import duties, customs fees and taxes that are payable on the Merchandize you have ordered.
If you wish to cancel your order you may do so up to fourteen (14 ) days from the date on which you receive the relevant Merchandize you have ordered (“Cooling-Off Period”). The easiest way to do so is by emailing us at firstname.lastname@example.org. If you cancel your order during the applicable Cooling-Off Period, we will without undue delay, and in any event within 14 days from the date on which we receive your returned Merchandize, fully refund to you the purchase price of the Merchandize you have ordered and, if applicable, any delivery costs paid by you for your Merchandize (provided that in no event will we reimburse you for any supplementary costs which you have incurred as a result of opting for a type of delivery other than the least expense type on offer). We will refund you using the same means of payment as you used to make your order unless you and we expressly agree otherwise.
If you have received your Merchandize and cancel your order within the applicable Cooling-Off Period, you must return your Merchandize to us without undue delay, and in any event within 14 days from the date on which you notified us that you wished to cancel your order. You shall be responsible for the costs of returning your Merchandize to us. You may also be liable for any diminished value of the Merchandize which has resulted from your handling of the Merchandize (other than that which has arisen because of any handling of the Merchandize that was necessary to establish the nature, characteristics and functionality of the Merchandize).
8. Charges, Billing & Payment
You may make payments on The Mortalis Game Services by using the methods available for the particular Mortalis Game Service and agreeing to the terms and conditions applicable to the payment method you choose. Payment methods may vary by Mortalis Game Service and your country or economic region.
You must provide current, complete, and accurate payment information for any Contribution on your Survivor’s Camp. When you provide credit card or other payment information to Mortalis Game (respectively its payment providers), you represent to Mortalis Game that you are the authorized user of the credit card or other payment method. You must promptly update all information with the relevant payment provider to keep your payment information current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
Mortalis Game does not receive any confidential payment data from its payment providers, and Mortalis Game is not responsible for their performance. You must promptly notify Mortalis Game if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at email@example.com.
Depending on the payment method chosen you may incur additional processing fees, and may not be able to automatically renew subscriptions. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. Mortalis Game reserves the right to change its payment providers at any time.
As a Survivor’s Camp account holder (“Survivor”), you are responsible for all charges incurred on your Survivor’s Camp, including applicable taxes, and all purchases made by you or Your Authorized Users. This means that, unless your Survivor’s Camp account or payment information is obtained unlawfully or fraudulently by someone other than Your Authorized Users, you will be responsible for all usage and purchases on your account.
You acknowledge that pursuant to applicable finance, banking, and currency control regulations (including FinCEN) any refunds, e.g. for reversals during the 14-day statutory Cancellation Period, may only be made to the same payment method (credit card, PayPal, bank account, or other), from which the payment was received. In no event can any such refund exceed the amount of actual payments received from you on your Survivor’s Camp account. No refunds can be made for the value of any Pledge Item(s) or Merchandize already delivered, the value of expired subscription periods or the value associated with any purchased items gifted or transferred by you to other Survivor’s Camp accounts or received on your account from other accounts. Any taxes paid, such as VAT, are not refundable beyond thirty (30) days after the purchase.
You hereby acknowledge and accept electronic invoicing. Electronic invoices will be delivered to you through the email address you indicate in your Survivor’s Camp. You acknowledge that such electronic invoicing is not unsolicited commercial email and that these invoices require no subscription to any mailing list for receipt by you.
We reserve the right to change our prices and fees at any time. If we elect to do so, we will notify you of the relevant change by email or by posting a notice on the relevant Mortalis Game Service.
9. Virtual Goods
Virtual goods are game elements such as game access keys, genes, digital publications (e.g. digital book “The Gods to Be”) and entitlement items such as in-game title, special Discord role, VIP membership, VIP support and Rootseeds (collectively, “Virtual Goods”). All Virtual Goods remain the property of Mortalis Game at all times and are subject to its reasonable rules and regulations as amended from time to time. You acknowledge and agree that you have a limited license right to access and use Virtual Goods which is governed by The Mortalis Game Terms, and that Virtual Goods are not redeemable for any sum of money or monetary value from Mortalis Game at any time, unless otherwise settled in these TAC. The foregoing applies also with respect to Mortalis Game’s permission to transfer such limited license in Virtual Goods to other users via “gifting.” In compliance with applicable FinCEN regulation, gifting is limited to a daily maximum of Virtual Goods up to a value of $1000 or less.
10. Privacy & Data Collection
11. Intellectual Property
“Mortalis Game Content” includes (1) software, software updates or patches, or other utilities and tools from Mortalis Game or its licensors (“Mortalis Software”) and (2) other text and audio visual material, the design and appearance of the Game and the Website or other Mortalis Game Services. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user accounts, and methods of operation.
“UGC” is user generated content provided by you or other users of The Mortalis Game Services. Mortalis does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of The Mortalis Game Services.
Mortalis Game reserves the right to remove UGC that is illegal, contrary to these TAC or objectionable to us for any reason. Mortalis Game does not assume any responsibility or liability for UGC.
You are solely responsible for your UGC and may be held liable for UGC that you post.
Mortalis Game respects the intellectual property rights of others. You must have the legal right to upload UGC to The Mortalis Game Services. You may not upload or post any UGC on any of The Mortalis Game Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that UGC. Mortalis Game may, without prior notice to you, remove any UGC that in Mortalis Game’s reasonable opinion may infringe the intellectual property rights of a third party. If you infringe Mortalis Game’s or a third party’s intellectual property rights, Mortalis Game may terminate your Account after notifying you of your breach of these TAC. If your Account is terminated for your breach, you may lose access to the entitlements and assets associated with your Account.
In exchange for Mortalis Game enabling you to contribute UGC or use Mortalis Fansite Content or Mortalis Marks when you contribute UGC to a Mortalis Game Service or use any UGC in connection with any Mortalis Fansite Content or Mortalis Marks (e.g. on a fansite), you hereby expressly grant to Mortalis Game a non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion or any derivative work thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Mortalis Game all licenses, consents and clearances to enable Mortalis Game to use such UGC for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such UGC.
If The Mortalis Game Service on which you contribute any UGC permits other users to access and use that contributed UGC as part of The Mortalis Game Service, then you hereby also grant all other users of the relevant Mortalis Game Service the non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed UGC on or through the relevant Mortalis Game Service without further notice, attribution or compensation to you.
Mortalis Game Content is owned by Mortalis Game or Mortalis Game’s licensors and is protected by US, English, and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Mortalis Game Content from any of The Mortalis Game Services unless expressly authorized by us in writing or The Mortalis Game Terms.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any Mortalis Game Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Mortalis Game Content without Mortalis Game’s express written consent. Mortalis Game reserves all rights in Mortalis Game owned and licensed Mortalis Game Content that are not expressly granted to you in these TAC. You acknowledge that Mortalis Game and/or our third party licensors remain the owners of all of The Mortalis Game Content included on The Mortalis Game Services, and that you do not acquire any of those ownership rights by downloading any of The Mortalis Game Content or accessing any of The Mortalis Game Services.
Making unauthorized copies of any of The Mortalis Game Content may result in the termination of your Survivor’s Camp account after notice of breach, which will prohibit you from using any of The Mortalis Game Services. Further civil or criminal legal action may be brought against you by Mortalis Game and/or Mortalis Game’s third party licensors for unauthorized use of their intellectual property.
Mortalis Game grants to you a non-exclusive, limited license to use The Mortalis Game Software solely for the purpose stated by Mortalis Game at the time The Mortalis Game Software is made available to you. If a EULA is provided with The Mortalis Game Software, your use of The Mortalis Game Software is subject to the terms of that EULA and applicable law. You may not sub-license, or charge others to use or access The Mortalis Game Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from The Mortalis Game Software. You may not modify The Mortalis Game Software or use it in any way not expressly authorized in writing by Mortalis Game. You understand that Mortalis Game’s introduction of various technologies may not be consistent across all platforms and that the performance of Mortalis Game Software and related Mortalis Game Services may vary depending on your computer and other equipment.
From time to time, Mortalis Game may provide you with updates or modifications to The Mortalis Game Software. You understand that certain updates and modifications may be required in order to continue the use The Mortalis Game Software and The Mortalis Game Services.
Solely in connection with your fansite or your fansite pages dedicated to any of The Mortalis Game Services, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on your fansite to end users, certain Mortalis Game Services-related images, graphics or artwork (the “Mortalis Fansite Content”) and certain Mortalis Game trademarks and logos (the “Mortalis Marks”) that Mortalis Game may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that Mortalis Game shall have the right to amend, delete, add to, or otherwise modify any Mortalis Fansite Content used or accessed by you, without prior notice.
You agree to clearly indicate that your use of Fansite Content and/or Mortalis Marks does not constitute official Mortalis use by displaying wording such as “This is an unofficial Fansite.”
Except as set forth herein, as the operator of an independent, unaffiliated web site, you will have sole editorial control over your fansite, except that you represent and warrant to Mortalis Game that your fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any of The Mortalis Game Services, Mortalis Game, or any of its affiliates, partners, or contractors, and their respective officers or employees. If at any time you post such material, Mortalis Game may terminate the license set forth in this Section. Your ownership of the fansite excludes The Mortalis Fansite Content, The Mortalis Marks and any derivative works based upon, or including The Mortalis Fansite Content and/or Mortalis Marks. The fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code (“U.S.C.”), and is not otherwise a joint, collective or collaborative work under any other applicable laws.
You agree to include Mortalis Game’s trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying any Mortalis Game Content, Mortalis Fansite Content, or Mortalis Marks, and agree to comply with any usage guidelines that may be provided by Mortalis from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Mortalis Fansite Content or Mortalis Marks, including in digital form; nor challenge Mortalis Game’s or its licensors’ ownership of The Mortalis Fansite Content or Mortalis Marks, nor use or adopt any trademarks that might be confusingly similar to such Mortalis Marks.
Mortalis reserves all rights, title and interest in and to The Mortalis Fansite Content and Mortalis Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of The Mortalis Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of The Mortalis Game Content, without the express written permission of Mortalis Game. Mortalis Game does not consent to the protection of any unauthorized derivative work under any applicable law. The creation and sale of Merchandize based on the Game, the Website, any Mortalis Game Content, any Mortalis Fansite Content or any Mortalis Marks is expressly prohibited.
You may not use any of The Mortalis Fansite Content and/or Mortalis Marks on your fansite if you charge a subscription or access fee to access your fansite, or if you make arrangements to generate advertising or sponsor revenue (except in regards to game streaming as set forth below), unless you enter into a separate license agreement with us in respect of your use of such Mortalis Fansite Content and/or Mortalis Marks on your fansite.
Under no circumstances will Mortalis Game be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with your use of any Mortalis Fansite Content and/or Mortalis Marks. Mortalis reserves the right in its sole discretion to expressly refuse to grant any particular operator of a fansite with the permissions set out in this Section, or to revoke any such permissions at any time.
In addition to the previous, the following shall apply to the use of Mortalis Game Content in videos and gameplay streaming.
We encourage you to make videos using Mortalis Game Content, such as playthrough or instruction videos. You may publish these videos online only, e.g. via your website or YouTube or similar video sharing services.
Your use of Mortalis Game Content in videos or streaming must be non-commercial. You may not charge users to view or access your videos, e.g. a paywall or mandatory charge, ticket, or subscription. You also may not sell or license videos containing Mortalis Game Content to others for a payment or compensation of any kind, and must respect the intellectual property rights of all respective owners. Nonetheless, you may allow paid advertisement on your streaming channels in accordance with the terms of service or agreement you may have with the video or streaming providers.
12. Interviews and Filming at Events
Mortalis Game may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by Mortalis Game (“Mortalis Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that Mortalis Game may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity throughout the universe, without any compensation due to you. If you do not wish to grant such permission, please decline to be interviewed and do not participate in The Mortalis Events.
In its sole discretion, Mortalis Game may contact you, or invite you via a website posting as part of a wider testing and bug reporting program, to review and evaluate the versions of the Game, aspects or modules of the Game, or online features (hereafter “Alpha Versions”) for the purpose of identifying program errors. You will be asked to provide to Mortalis Game (and to Mortalis Game only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the Alpha Versions. This process is referred to herein as a “Alpha Test.” If it is a closed Alpha Test, Mortalis Game may ask you to enter into an alpha version software confidentiality agreement (“Tester Confidentiality Agreement”) BEFORE you will be allowed to be a tester (“Tester”) and BEFORE any Alpha Version will be provided or made accessible to you. In such case, your participation as a Tester is subject to the Tester Confidentiality Agreement, in addition to the following terms and conditions which apply to all Alpha Tests.
In connection with the Alpha Test, Mortalis Game may provide you, on a temporary basis, Alpha Versions, as well as confidential and proprietary information (collectively, “Alpha Materials”). You understand and agree that the Alpha Materials are confidential or proprietary information of Mortalis Game. You agree as a condition of participating in an Alpha Test to (i) not copy or reproduce the Pre-Release Materials, (ii) safeguard the Alpha Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Alpha Materials, and (iii) if applicable, fully comply with the terms and conditions of the Tester Confidentiality Agreement.
You agree to carry out the testing personally and not provide access to Alpha Materials to any other person. You agree that a breach of the above obligations will cause irreparable harm to Mortalis Game, and Mortalis Game is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Alpha Materials confidential will continue until Mortalis Game publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Alpha Materials that you are testing.
Upon request, you agree to immediately return to Mortalis Game all copies of the Alpha Material which Mortalis Game provided to you and delete any copies that may remain on any media or storage within your custody or control.
As a Tester, you are invited to play Alpha Versions for the sole purpose of evaluating the Alpha Versions and identifying errors. Nothing in these TAC or any other Mortalis Game Terms shall be construed as granting you any rights or privileges of any kind with respect to the Alpha Versions or other related Mortalis Content.
THE ALPHA VERSIONS ARE PROVIDED FOR TESTING ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
When playing Alpha Versions, you may accumulate Virtual Goods or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Alpha Version completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a “Play” button to start a Alpha Version, you agree that: (i) playing Alpha Versions is at your own risk and you know that the Alpha Versions may include known or unknown bugs, (ii) any Virtual Goods or other value or status indicators that you achieve through game play may be erased at any time, (iii)Mortalis has no obligation to make these Alpha Versions available for play with or without charge for any period of time, nor to make them available at all, (iv) you may need to pay a subscription or access fee in order to access these Alpha Versions once the Alpha Test process is complete or at any time in the future; (v) these TAC apply to your use of the Alpha Versions during the Alpha Test, and (vi) if it is a closed Alpha Test, you will keep all information about the Alpha Materials confidential as stated above and not disclose such information to any other person. Alpha Test accounts are non-transferable under any circumstances.
14. Updates: Possible Setbacks and Loss of Data
MORTALIS GAME MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE MORTALIS GAME SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, VIRTUAL GOODS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. MORTALIS GAME RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES PROVIDED, HOWEVER, THAT ALL PURCHASED ASSETS AND ENTITLEMENTS SHALL ALWAYS BE REINSTATED.
15. Termination of Mortalis Game Services and Survivor’s Camp Account
Mortalis Game may immediately suspend or terminate your Survivor’s Camp account(s) (and access to all related entitlements) or any subscription for an Mortalis Game Service after notifying you of your breach of these TAC, or any illegal or improper use of any of your account(s), or your illegal or improper use of The Mortalis Game Services, products, or Mortalis Game’s Content. You will lose your user names and personas as a result of your Survivor’s Camp account being terminated. If Mortalis Game terminates your account, you may not participate in an Mortalis Game Service again without Mortalis Game’s express permission. To request permission to participate in an Mortalis Game Service after such termination, contact us at firstname.lastname@example.org. You may not allow individuals whose Mortalis Accounts have been terminated by Mortalis Game to use your Mortalis Game Account.
If your Survivor’s Camp account, or a particular subscription for an Mortalis Game Service associated with your Survivor’s Camp account, is terminated for your breach, no refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Survivor’s Camp Account (or to any related entitlements associated with your Survivor’s Camp account or the particular Mortalis Game Service).
In addition, Mortalis Game reserves the right to terminate any Survivor’s Camp account for its reasonable business interests and in such case Mortalis Game will issue a refund.
16. Cancellation of your Survivor’s Camp account
You have the right to cancel your Survivor’s Camp account at any time. To do so, please contact email@example.com.
After you have cancelled your account, Mortalis Game may delete all your account information and UGC. No refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account (or to any related entitlements associated with your account or the particular Mortalis Game Service).
Mortalis Game reserves the right to collect fees, surcharges or costs incurred before you cancel your Survivor’s Camp account or a subscription to an Mortalis Game Service. You are also responsible for any amounts owed to third party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with any of The Mortalis Game Services must be settled before you establish a new Survivor’s Camp account.
17. Limitations on Warranty and Liability
NOTHING IN THESE TAC LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OF THE OTHER MORTALIS GAME SERVICES, THE MORTALIS GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. MORTALIS GAME SERVICES, MORTALIS GAME SOFTWARE, MORTALIS GAME’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. MORTALIS GAME PROVIDES THE MORTALIS GAME SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE MORTALIS GAME SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MORTALIS GAME WILL HAVE ADEQUATE CAPACITY FOR THE MORTALIS GAME SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE MORTALIS GAME SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE MORTALIS GAME SERVICES, IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT MORTALIS GAME, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE MORTALIS GAME SERVICES OR USE OF THE MORTALIS GAME SOFTWARE. IN NO CASE SHALL MORTALIS GAME OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH MORTALIS GAME, THE “MORTALIS AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MORTALIS GAME FOR THE MORTALIS GAME SERVICES. SAVE AS SET OUT IN THESE TAC, NONE OF THE MORTALIS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE MORTALIS GAME SERVICES, THE MORTALIS GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE MORTALIS GAME SERVICES OR YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE MORTALIS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. MORTALIS GAME DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE MORTALIS GAME SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.
Upon Mortalis Game’s request, you agree to defend, indemnify and hold harmless each of The Mortalis Affiliates and Mortalis Game’s vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these TAC, or any other Mortalis Game Terms, for which you are responsible or in connection with your communication and activity on The Mortalis Game Services, including, without limitation, your distribution of any UGC on or through The Mortalis Game Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Mortalis Game harmless for any improper or illegal use of your Account, including the illegal or improper use of your Survivor’s Camp account by someone to whom you have given permission to use your Survivor’s Camp account.
Mortalis reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You hereby acknowledge and agree that Mortalis Game would suffer irreparable harm if these TAC or any of The Mortalis Game Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Mortalis Game shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms of Service or any other Mortalis Game Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with these TAC or The Mortalis Game Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
To expedite resolution and control the cost of any dispute, controversy or claim related to these TAC or any other Mortalis Game Terms (“Dispute”), you and Mortalis Game agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one party to the other. Mortalis Game will send its notice to your billing address (if provided) and email you a copy to the email address that is registered to your Survivor’s Camp account. You agree to send your notice to Mortalis Game, Inc. 3055 25th Street, Boulder, CO 80304 USA with a copy via email to firstname.lastname@example.org.
20. Contacting Us
If you would like to contact us or make a complaint about any of The Mortalis Game Services, please contact us by mail at the foregoing address or via email: email@example.com.
21. Miscellaneous Terms
Third Parties. You agree that neither these TAC nor any of The Mortalis Game Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to these TAC and The Mortalis Affiliates.
Severability. If any provision in these TAC is held invalid or unenforceable the remaining provisions shall remain in full force and effect. If any provision in these TAC is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Mortalis Game.
Waiver. The failure of Mortalis Game to exercise or enforce any right or provision contained in these TAC will not constitute a waiver of such right or provision. Any waiver of any provision of these TAC will be effective only if in writing signed by Mortalis Game.
Force Majeure. Mortalis Game shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Mortalis Game, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Mortalis Game’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Remedies by Mortalis Game: All remedies, cures and other legal measures by Mortalis Game set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. Mortalis Game hereby expressively reserves its right to enforce all remedies, cures and other legal measures available under applicable law.
Governing Law. These TAC shall be governed and construed by the laws of Delaware, US. The competent courts of Delaware, US, shall have the non-exclusive right to hear any dispute or claim arising out of or in connection with these TAC. As noted in these TAC, your conduct may also be subject to other local, state, national, and international laws.
22. Survivors Subject to the Jurisdiction of Germany
Instead of Section 17 “Limitations on Warranty and Liability” the following shall apply:
22.1. Mortalis Game is liable for damages, regardless on which legal basis (be it contract, tort or otherwise), only if a) such damages are cause by violation of essential obligations of these TAC (Kardinalpflichten) for Mortalis Game‘s negligence or intent (Verschulden) which endangers the purpose of the Agreement; or b) such damages are caused by Mortalis Game’s gross negligence or intent.
22.2. In case that Mortalis Game is liable for the violation of an essential obligation of these TAC (Kardinalpflicht) without acting with gross negligence or intent then the liability is limited to amount of payments received from the respective User.
22.3. If Mortalis Game is liable for damages pursuant to Section 22.1 above for gross negligence or intent of Mortalis Game staff other than the managing directors then the liability is also limited to the amount set forth in Section 22.2.
22.4. Mortalis Game is not liable for indirect or consequential damages (Mangelfolgeschäden), loss of profits or frustrated costs if such damages are not a result of gross negligence or intent of Mortalis Game‘s managing directors.
22.5. The exclusion or limitation of liability pursuant to this section also applies with respect to claims against Mortalis Game’s staff or contractors.
22.6. The liability of Mortalis Game with respect to death, bodily injury or health, a guarantee by Mortalis Game (if any) or pursuant to the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
22.7. If the User is also liable for certain damages then Mortalis Game shall bear an amount of such damages in accordance to its contributory negligence (Mitverschulden). With respect to the User’s responsibility for reduction of damages (Schadensminderungsobligenheit) the User is responsible for regular back-ups of its data and in case of an assumed bug shall take all further reasonable measures. In case of loss of data Mortalis Game is thus liable only to the extent that such loss of data would have occurred in case of a due data back-up as well.