Effective Date: May 26, 2021
3. Accounts for the Games
You must provide current and accurate information that may be required as part of the registration process and/or continued use of the Games. You are responsible for maintaining the confidentiality of your account information for the Games.
You must promptly notify us of any breach of security related to the Games, including, without limitation, the unauthorized use of your account. To help ensure the security of your account, please sign out from your account at the end of each session.
4. In-Game Purchases
If you make any In-Game purchases, then you agree the terms and conditions and/or EULA of the app store (e.g., Google Play Store, iOS App Store, or Steam Store) on which you installed the Game govern, and you will direct all communications relating to such in-Game purchases to that app store, including any requests for refunds.
All aspects of the Games, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Games (collectively, “Innersloth IP”), are owned by Innersloth, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2015 Innersloth LLC, Among Us™, Dig2China™, and The Henry Stickmin Collection™, and all related names, logos, product and service names, designs, and slogans are trademarks of Innersloth or its affiliates or licensors. You must not use such marks without the prior written permission of Innersloth, and Innersloth reserves all rights. All other names, logos, product and service names, designs, and slogans on the Games are the trademarks of their respective owners.
You may elect to informally provide us with Feedback from time to time. You agree that Innersloth will own, and you hereby assign to Innersloth your intellectual property rights in and to any and all Feedback and that Innersloth will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback, ideas, or suggested improvements you provide to Innersloth regarding the Games.
7. Limited License to Use the Games
8. Limited License to Broadcast Gameplay
Innersloth believes that the Games are best served by an active and excited community of users. To encourage community growth and development, we hereby grant each user (“Broadcasting User”) a limited, revocable, royalty-free license to broadcast (i.e., upload and livestream) such Broadcasting User’s unique play within the Game, including the sounds and music in the Game (“Broadcasted Content”).
In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you nonexclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that the relevant user opts out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content including of that user is revoked.
Any user may revoke such user’s permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Innersloth may also provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). Innersloth does not assume any responsibility for ensuring compliance with the foregoing.
The above limited license is subject to the following additional conditions:
(a) a Broadcasting User may create Broadcasted Content and distribute such Broadcasted Content on their website, or other websites, where anyone can view the Broadcasted Content for free;
(b) Some acceptable forms of Broadcasted Content include, without limitation, let’s play videos, walkthroughs, speedruns, tutorials, reviews, reactions, instructionals, and other videos which include your commentary;
(d) a Broadcasting User cannot disclose any unofficially released, unauthorized, or leaked video or content of any kind related to the Games;
(e) a Broadcasting User cannot use the Broadcasted Content to make money or gain any other financial benefit, except a Broadcasting User may monetize the Broadcasted Content through partner programs and/or advertising, provided such Broadcasted Content is available to the public for free;
(g) Innersloth may revoke a Broadcasting User’s license to broadcast the Broadcasted Content for any or no reason and without notice.
9. Modded Versions of the Games
10. Fan Content
11. Prohibited Uses
(a) use the Games in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate Innersloth or anyone else;
(b) use the Games to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
(c) use the Games to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Games about anyone without their express permission;
(d) remove any copyright, trademark, or other proprietary rights notices contained in or on the Games;
(e) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Games or interfere with anyone else’s use of the Games;
(f) engage in any other conduct that affects anyone else’s use or enjoyment of the Games or that, as determined by us, may harm Innersloth;
(g) cheat, including, without limitation, by accessing the Games in an unauthorized manner, playing with multiple accounts for the same Game, sharing accounts, using any techniques to alter or falsify a device’s location (for example, through GPS spoofing), changing your age in any Game, and selling or trading accounts;
(h) use any robot, spider, or other automatic or manual device, process, or means to access the Games for any purpose, including monitoring or copying any of the material on the Games;
(i) modify, adapt, translate, or reverse engineer any portion of the Games, excepting Modded Versions in compliance with Section 9;
(j) use any device, software, or routine that interferes with the proper working of the Games;
(k) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(l) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Games, including any server on which the Games are stored, or any server, computer, or database connected to the Games;
(m) attack the Games via a denial-of-service attack or a distributed denial-of-service attack;
(n) otherwise attempt to interfere with the proper working of the Games; and
(o) encourage or enable any other person to do any of the foregoing.
Additionally, to ensure that the Games are a safe and welcoming space for all users, you agree to report to us any users that you believe are violating any of the foregoing prohibitions by emailing us at [email protected].
12. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Games. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Games, or by anyone who may be informed of any of the contents of the Games.
13. Links to and from the Games
You may link to our Games, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If the Games contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Updates and Changes to the Games and Unavailability of the Games
We reserve the right to withdraw or modify the Games in our sole discretion without notice. We will not be liable if for any reason all or any part of the Games is unavailable at any time or for any period, and we are under no obligation to support previous version(s) of the Games upon the availability of an update, upgrade, or implementation of additional features.
We may terminate your access to and use of the Games, at our sole discretion, at any time and without notice to you. Upon termination of the Games, Sections 5, 6, 12, 13, 16, 17, 18, 22, 23, and 24 will survive such termination.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK. THE GAMES AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES ARE PROVIDED BY INNERSLOTH ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INNERSLOTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER INNERSLOTH NOR ANYONE ASSOCIATED WITH INNERSLOTH REPRESENTS OR WARRANTS THAT THE GAMES, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE GAMES, OR ELECTRONIC COMMUNICATIONS SENT FROM INNERSLOTH REGARDING THE GAMES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAMES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GAMES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Epic Games Users
If you installed the Game through the Epic Games Store, the following additional terms apply: Epic Games disclaims any representations, warranties, conditions, and liabilities related to any and all materials and information provided by Epic Games for the Games, including the SDK, developer portal, and the data of its end-users.
20. PlayStation Users
21. iOS Users
If you installed the Game through the iOS App Store, the following additional terms apply:
(b) you may not use the Game in any manner that is in violation of or inconsistent with Apple’s usage rules or the terms of the iOS App Store (collectively, the “Apple Terms”);
(c) your license to use the Game is limited to a non-transferable license to use the Game on an iOS product that you own or control, as permitted by the Apple Terms;
(d) you acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Game;
(e) you acknowledge that Apple is not responsible for any product or software warranties, whether express or implied by law; and in the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, via the methods described in the iOS App Store, and Apple will refund the purchase price for the Game to you, if any, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, to the extent that it cannot be disclaimed under applicable law;
(f) you and Innersloth acknowledge that Innersloth is solely responsible for addressing any claims by you or any third-party relating to the Game or your possession or use of the Game, including 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; and in the event of any third-party claim that the Game or your possession or use of the Game infringes that third-party’s intellectual property rights, Innersloth, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
(g) you represent and warrant 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; you are not listed on any U.S. Government list of prohibited or restricted parties; and you are not located in any other country or jurisdiction from which you would be barred from using the Game by applicable law;
(h) you must comply with all applicable third-party terms when using the Game; and
22. Governing Law and Jurisdiction
23. Waiver and Severability
24. Entire Agreement
26. Your Comments and Concerns