TERMS OF SERVICE

GEARBOX PUBLISHING, LLC

TERMS OF SERVICE AGREEMENT

Last updated January 11, 2022.
THIS TERMS OF SERVICE AGREEMENT CONSTITUTES AN AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND THE UNITED STATES COMPANY GEARBOX PUBLISHING, LLC, ITS PARTNERS AND AFFILIATES, (THE “COMPANY,” “WE,” “US,” OR “OUR”) GOVERNING THE RELATIONSHIP BETWEEN YOU AND THE COMPANY WITH RESPECT TO YOUR USE OF THE ONLINE SERVICES AND PRODUCTS DIRECTLY RELATED THERETO (“ONLINE SERVICES”). THE COMPANY PROVIDES ACCESS TO THE ONLINE SERVICES SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. THUS, IT IS IMPORTANT THAT YOU CAREFULLY REVIEW, AND ACCEPT THIS AGREEMENT AS A CONDITION TO USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE ONLINE SERVICES.
This Internet website (“Website”) is the property of Gearbox Publishing, LLC (the “Company”), which reserves all rights.
The Terms and Conditions herein are in addition to and supplement the terms governing use of all Publishing and services distributed by the Company and its publishers (e.g., publisher EULA). Users may also be bound by the separate terms of their respective Publishing, products, platforms, hardware and equipment.

  • Description Of Online Services
  • Trademark & Copyright Information
  • Submissions
  • Code Of Conduct
  • Breaks
  • Limited License By The Company
  • License To The Company
  • Making Purchases
  • Ringtones, Wallpapers, And Other Mobile Device Services & Products
  • Void Where Prohibited
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Dispute Resolution
  • Binding Arbitration & Class Action Waiver
  • Termination
  • Miscellaneous
  • Designated Agent Under the Digital Millennium Copyright Act

DESCRIPTION OF ONLINE SERVICES

Subject to full compliance with this Agreement, the Company may offer to provide Online Services through internet-capable hardware platforms including computer entertainment systems, gaming consoles, personal computers, mobile computers, or smart phones, in-game applications and various Publishing platforms, including third-party hosts. Online Services includes, but is not limited to, any service or content the Company provides or makes available on the Website. The Company may change, suspend or discontinue any or all of the Online Services for any reason and at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict access to parts or all of the Online Services without notice or liability.

TRADEMARK & COPYRIGHT INFORMATION

Company-authorized Online Services, as well as all content, Publishing and materials relating thereto, are the property of Company or its master licensor(s), and are protected by copyright, trademark, and other intellectual property rights (“Licensed Works”).

SUBMISSIONS

Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new content, creative artwork, advertising, promotions, products, names, processes, or other works (“submissions”). Please refrain from sending any such submissions in any form to Company or any of its employees, as this will help prevent potential misunderstandings or disputes if Company’s efforts seem similar to submissions. Consistent with this policy, (1) submissions shall become the property of Company, without any compensation to you; (2) Company may use or redistribute the submissions for any purpose and in any way; and (3) Company shall have no obligation to review the submissions or keep any submissions confidential.

CODE OF CONDUCT

The following rules, policies, and disclaimers govern your use of the Online Services.
You agree, by using the Online Services, that: (1) you will only use the Online Services for lawful purposes and for your own personal, non-commercial use; (2) you will not restrict or inhibit any other user from using and enjoying the Online Services (e.g., by means of running programs against the website; reverse engineering any API; harassment, hacking or defacement, etc.); (3) you will not use the Online Services to create, upload, or post any material that is knowingly or reasonably likely to be viewed as false or defamatory, inaccurate, abusive, vulgar, obscene, offensive (whether in relation to sex, race, religion or otherwise), profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, illegal or otherwise inconsistent with community standards; (4) you will not use language or a user/game name that is obscene, indecent, offensive, abusive, objectionable or otherwise inappropriate; (5) you will not post, upload, or create any copyrighted material using the Online Services unless you own the rights to such use(s); (6) you will not transmit or facilitate the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routine that is intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal info; (7) you will not post, upload, create, or transmit materials in violation of another party’s copyright or other intellectual property rights; (8) you will not publicly post identifying information about yourself, Company employees, or other players; (9) you will not use any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Online Services in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Online Services and any unauthorized third party programs that collect info about the Online Services by reading areas of memory used by the Online Services to store info; (10) you will not impersonate any other individual or entity in connection with your use of the Online Services; (11) nor will you encourage or facilitate others to do any of the above. Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are also inappropriate and forbidden on the Online Services (including bulletin boards and chat rooms). All determinations on such matters will be made by the Company and its licensors, with sole discretion.
If we provide Online Services involving user-generated content (“UGC”), we do not review every piece of UGC, nor do we confirm the accuracy, validity, or originality of the UGC posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its partners or affiliates, or any person or property associated with the Company, its licensors or licensees, the Online Services, or any website in the Company’s family of websites. If you feel that any posting is objectionable or infringes your copyright, you must immediately contact Company via https://shift.gearboxpublishing.com, or in the specific case of copyright infringement, as prescribed in the “Designated Agent Under the Digital Millennium Copyright Act” Section below. Company reserves the right to remove any UGC or content for any (or no) reason whatsoever.

Please visit www.gearboxpublishing.com/privacy to review the relevant Privacy Policy, which applies to personal information transmitted to and from the Website.

BREAKS

All users are encouraged to take occasional breaks from gameplay.

LIMITED LICENSE BY THE COMPANY

The Company grants its authorized Users a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable, revocable license to access and use the Online Services pursuant to the terms herein. Such license is subject to this Agreement and specifically conditioned upon User compliance with the Terms of Use, including the following: (1) you may only view, copy and print portions of the Online Services for your own informational, personal and non-commercial use; (2) you may download material intentionally made available for downloading for your personal, non-commercial use only, provided that you preserve and protect all intellectual property rights and notices associated with such materials; (3) you may not modify, translate, reverse engineer, decompile, disassemble or otherwise make derivative uses of the Online Services, or any portion thereof except as expressly permitted in these Terms or in the Company’s End User License Agreement (www.gearboxpublishing.com/eula); (4) you may not remove, obscure, or modify any copyright, trademark, or other proprietary notices that have been placed in the Online Services; (5) you may not use any data mining, robots or similar data gathering or extraction methods; (6) you may not use the Online Services other than for their intended purpose; (7) you may not reproduce, prepare derivative works from, distribute or display the Online Services, except as provided herein; and (8) you must not violate the Code of Conduct set forth above.
Except as expressly permitted in these Terms or in the Company’s End User License Agreement (www.gearboxpublishing.com/eula), any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including copyright and trademark laws, applicable communications regulations and statutes, and the like. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The limited license provided by Company is revocable at any time, for any reason.
You represent and warrant that your use of the Online Services will be consistent with this license and any other applicable agreements or policies, will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or otherwise violate any applicable law or Company standard. You expressly agree to indemnify the Company against any liability to any party arising out of your use of Online Services.

MAKING PURCHASES

Please shop responsibly. Minors must obtain the consent of a parent before making any purchases. If you wish to purchase products or services described in the Online Services, you may be asked to supply certain information including credit card or other payment information. You represent and warrant that all information that you provide is current and provided knowingly, lawfully, accurately, completely, with the authority necessary to use such payment method in connection with the purchases hereunder. You agree to pay all charges associated with purchases made under your account at the prices in effect when such charges are incurred; yes, this also includes shipping and handling and any applicable sales taxes relating to your purchases. Please review the Company’s Privacy Policy at www.gearboxpublishing.com/privacy before submitting such information. In the event of any charge disputes, please contact the Company through the Contact and Support link at www.gearboxpublishing.com.

RINGTONES, WALLPAPERS, AND OTHER MOBILE DEVICE SERVICES & PRODUCTS

Certain mobile phone handsets and carriers offer services that enable consumers to select and purchase directly through their mobile devices various digital mobile products. The Online Services may also offer the ability to select and purchase various digital mobile products that will be delivered to your mobile device. These digital mobile products offerings and products may enable the consumer to customize their mobile device or mobile device service (e.g., with ringtones or wallpaper), or allow the consumer to select certain video or audio files that can be viewed or listened to by the consumer. Such products may not be available on, transmissible to, or compatible with all mobile devices, in which case consumers may not be able to access, purchase or make use of all the services or offerings. Any attempt to purchase these products or services may result in the billing of mobile carrier charges, and the consumer may be separately billed by the mobile carrier for the actual product, service or offering selected pursuant to other terms; see each carrier’s terms for details. In the event the consumer has a call waiting and an incoming call is received while accessing or ordering any mobile product or service, such product, service or other offering may be interrupted or may not completely download. Consumers desiring additional information or options are encouraged to review and abide the applicable instructions.

VOID WHERE PROHIBITED

Not all products or services are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. All offers, products, terms and services are void where prohibited.