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
- Code Of Conduct
- 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
- Dispute Resolution
- Binding Arbitration & Class Action Waiver
- 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”).
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.
All users are encouraged to take occasional breaks from gameplay.
LIMITED LICENSE BY THE COMPANY
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.
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.