Vortex Cannon Entertainment END USER LICENSE AGREEMENT

LAST REVISED: MARCH 10, 2018

IMPORTANT NOTICE:

YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING VORTEX CANNON ENTERTINMENT ONLINE GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.

Thank you for your interest in Vortex Cannon Entertainment online gaming services. (Vortex Cannon Entertainment games are collectively referred to herein as the “Games”). This Agreement sets forth the terms and conditions under which you are licensed to install and use of the Cloud Platform. As used herein, the term “Platform” refers collectively, and at times individually, to (1) the Vortex Cannon Entertainment App software, (2) the vortexcannon.org gaming services, (3) each of the Games, (4) authorized Mobile Apps relating to the Games and the vortexcannon.org service, and (5) all features and components of each of them, whether installed or used on a computer or mobile device.

Use of the Platform is licensed to you by Vortex Cannon Entertainment (Vortex Cannon Entertainment is referred to herein as “Vortex Cannon Entertainment”, “we,” or “us”).

1. The Platform.

A. The Vortex Cannon Entertainment Account. To use the Platform, you must register, or have previously registered, a Vortex Cannon Entertainment account (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:

I. You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Vortex Cannon Entertainment from using the Platform.

II. When you create or update an Account, you must:

      • provide Vortex Cannon Entertainment with accurate and up to date information that is personal to you, such as, but not limited to, your username and email address. Additionally, in order to play certain Games or use certain features offered on the Platform, you may also be required Privat Club access. Vortex Cannon Entertainment retention and/or use of your personal information is subject to Vortex Cannon Entertainment Privacy Policy. Vortex Cannon Entertainment shall also have the right to obtain non-personal data from your connection to the Platform.
      • select a unique username and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.

III. To play Games on the Platform, you will need to log in to Game with your Login Information. If you subscribe to Privat Club digital bonuses will be assigned to the Account.

IV. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including subscribes, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Vortex Cannon Entertainment at support@vortexcannon.org. Vortex Cannon Entertainment, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Vortex Cannon Entertainment has the information that Vortex Cannon Entertainment deems necessary to verify your claim, Vortex Cannon Entertainment will take actions to freeze your Account until Vortex Cannon Entertainment has returned control of your Account to you. Regardless of any actions Vortex Cannon Entertainment may take on your behalf, you acknowledge and agree that Vortex Cannon Entertainment has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.

B. Grant of License. If you accept and comply with the terms of this Agreement, Vortex Cannon Entertainment will grant, and you will receive, a limited non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth in Section 1.C below, as follows:

I. You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.

II. You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.

III. You may not transfer your rights and obligations to use the Platform.

IV. Some of the Games may be subject to specific license terms that may include the following:

      • Trial or “Starter” versions of Games allow you to play a limited version of the Game before you will be required to subscribe to Privat Club. Subscribe to Privat Club to use the full version of these Games can be purchased through the Platform.
      • In certain cases, the “full version,” of Games can only be played after you subscribed to Privat Club.
      • You may play the Game(s) for you obtained a license for at authorized publicly-available cyber cafés or computer gaming centers on the Platform through an Account registered to you.

C. License Limitations. Vortex Cannon Entertainment may suspend or terminate your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

I. Derivative Works: Copy or reproduce, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.

II. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:

      • cheats; i.e. methods not expressly authorized by Vortex Cannon Entertainment, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
      • bots; i.e. any code and/or software, not expressly authorized by Vortex Cannon Entertainment, that allows the automated control of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game;
      • hacks; i.e. accessing or modifying the software of the Platform in any manner not expressly authorized by Vortex Cannon Entertainment; and/or
      • any code and/or software, not expressly authorized by Vortex Cannon Entertainment, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;

III. Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Vortex Cannon Entertainment, including, without limitation (i) playing the Game(s) at commercial establishments; (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Vortex Cannon Entertainment Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.

IV. Cloud Computing: Use the Platform, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.

V. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform.

VI. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.

VII. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Vortex Cannon Entertainment.

VIII. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.

IX. Disruption / Harassment: Engage in any conduct disrupting or diminishing the game experience for other players, or disrupt operation of Vortex Cannon Entertainment Platform in any way, including:

      • Disrupting or assisting in (i) the disruption of any computer used to support the Platform or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
      • Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity.

X. Violation of Laws: use the Platform to violate any applicable law or regulation.

D. Platform and Game-Specific Features.

I. Platform Features.

      • User Created or Uploaded Content. The Platform may provide you an opportunity to upload and display content on the Platform, such as on the Vortex Cannon Entertainment forums, and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1.D.ii.1. below. You hereby grant Vortex Cannon Entertainment a perpetual (or for the maximum period of time permitted under applicable law), irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised.  Vortex Cannon Entertainment shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, make publicly available, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property and/or personality rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Vortex Cannon Entertainment may remove any User Content and any related content or elements from the Platform at its sole discretion. You hereby agree not to be identified as the author of the User Content.

II. Game Features.

      1. Game Editors. Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom quests, tasks, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas.  A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. Vortex Cannon Entertainment may modify, remove, disable, or delete Custom Games at any time in its sole and absolute discretion.
      2. Beta Testing Pre-Release Versions of Games. Certain pre-release versions of Games may be made available to you through the Platform for testing (“Beta Test”). Your participation in a Beta Test through the Platform will be governed by the following:

a. Eligibility. In order to participate in a Beta Test, you must meet the following requirements:

        • Vortex Cannon Entertainment must designate you to participate in a Beta Test (a “Beta Tester”);
        • The Account that you will use to participate in the Beta Test must be in good standing;
        • If the Beta Test is to test an expansion to a Game, then the Account must be upgraded with all previous expansions to that particular Game;
        • You agree to allow Vortex Cannon Entertainment to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test System”) prior to registration for the Beta Test in order for Vortex Cannon Entertainment to determine if you are eligible to participate in the Beta Test.
        • The Beta Test System must meet the specifications which Vortex Cannon Entertainment determines are required for the Beta Test.

b. Confidentiality. If Vortex Cannon Entertainment announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Vortex Cannon Entertainment informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:

        • Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
        • Information related to the Game that you are Beta Testing, such as the Game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Game, etc.

c. Feedback. During and after the Beta Test, you may be provided with an opportunity to give Vortex Cannon Entertainment your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to Vortex Cannon Entertainment in the event of a crash.

d. Acknowledgments. You acknowledge that:

        • the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
        • you have, or will, back-up your hard drive prior to installation of the Beta;
        • you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
        • Vortex Cannon Entertainment is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
        • Vortex Cannon Entertainment may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-game chat, forum postings, etc.;
        • Vortex Cannon Entertainment may delete or modify the information stored by the Platform or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
        • You may not sell, transfer or commercially exploit access to a Beta.

e. Termination. Vortex Cannon Entertainment can terminate a Beta Test at any time. When Vortex Cannon Entertainment terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from Vortex Cannon Entertainment in connection with the Beta Test, and you may be asked by Vortex Cannon Entertainment to remove any elements of the Beta from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test has been installed. You agree and acknowledge that Vortex Cannon Entertainment termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, refunds for time purchased to access Vortex Cannon Entertainment games, etc.

2. Vortex Cannon Entertainment Ownership.

Vortex Cannon Entertainment is the owner or licensee of all right, title, and interest in and to the Platform, including the Games that are produced and developed by Vortex Cannon Entertainment (“Vortex Cannon Entertainment Games”), Custom Games derived from a Vortex Cannon Entertainment Game, Accounts, and all of the features and components thereof. The Platform may contain materials licensed by third-parties to Vortex Cannon Entertainment, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Platform are owned or licensed by Vortex Cannon Entertainment:

I. All virtual content appearing within the Platform, including the Vortex Cannon Entertainment Games, such as:

        • Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
        • Narrations: Themes, concepts, stories, and storylines;
        • Characters: The names, likenesses, inventories, and catch phrases of Game characters;
        • Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, pets, mounts, etc.;

II. All data and communications generated by, or occurring through, the Platform;

III. All sounds, musical compositions, recordings, and sound effects originating in the Platform;

IV. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;

V. Computer code, including but not limited to “Applets” and source code;

VI. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;

VII. All Accounts, including the name of the Account. All use of an Account shall inure to Vortex Cannon Entertainment benefit. Vortex Cannon Entertainment does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;

VIII. All Moral Rights that relate to the Platform, including Custom Games or/and Tasks for all Vortex Cannon Entertainment Games derived from a Vortex Cannon Entertainment Game, such as the right of attribution, and the right to the integrity of certain original works of authorship.

IX. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Platform, except as expressly set forth in this Agreement or otherwise by Vortex Cannon Entertainment.

3. Limited Warranty.: THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VORTEX CANNON ENTERTINMENT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4. Limitations of Liability.

A. Vortex Cannon Entertainment may be liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.

B. Without limiting the foregoing, you agree and acknowledge that Vortex Cannon Entertainment may be liable for slight negligence only in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfillment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.

5. Indemnity.You agree to indemnify, defend and hold Vortex Cannon Entertainment harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Platform, or any breach by you of this Agreement, or any Game-specific Terms of Use; however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

6. Equitable Remedies. You hereby agree that Vortex Cannon Entertainment would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

7. Alterations. Vortex Cannon Entertainment may, from time to time, change or modify this Agreement as its business and the law evolves. In this case, Vortex Cannon Entertainment will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within six (6) weeks following the special notice, your continued use of the Platform will mean that you accept the amended Agreement. With the special notice, Vortex Cannon Entertainment will remind you that your continued use after the expiration of six (6) weeks following the special notice means that you accept any and all changes. Those changes or modifications will not affect essential characteristics of the Platform. Should you have any questions or concerns, please contact Vortex Cannon Entertainment Customer Service.

8. Term and Termination.

A. Term.This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that Vortex Cannon Entertainment chooses to cease providing the Platform, or license to a third party the right to provide the Platform, Vortex Cannon Entertainment shall provide you with no less than three (3) months prior notice.

B. Termination.

You are entitled to terminate this Agreement for any legitimate reason by sending email to DPO@vortexcannon.org.

      • If you fail to comply with any terms contained in this Agreement and/or the In-Game Policies or Code of Conduct, Vortex Cannon Entertainment will provide you with a warning of your non-compliance. In case of a serious violation of this Agreement, the In-Game Policies, or the Code of Conduct, Vortex Cannon Entertainment will be entitled to immediately terminate this Agreement, the Platform and/or any Game license without any prior warning. Serious violations are violations of important provisions which include Sections 1.A.ii.2, 1.A.iv., 1.B.iii., 1.C., 2 of this Agreement or repeated violations of other provisions of this Agreement or the In-Game Policies, including further non-compliance where you already have received a prior warning.
      • In the event of any termination of this Agreement, your right to access and play Games will be revoked.

9. General.

A. Vortex Cannon Entertainment may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this Agreement without Vortex Cannon Entertainment prior written consent, and any unauthorized assignment by you shall be null and void.

B. Vortex Cannon Entertainment failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Vortex Cannon Entertainment may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.

10. Notices.

A. Vortex Cannon Entertainment shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Vortex Cannon Entertainment, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, natural disaster, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

B. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

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