Terms of Service
These Terms of Service (together with Supplemental Terms, defined below, “Terms of Service” or “Agreement”) govern Your use of and access to Services (defined in Section 1 below) provided by Space Walrus Studios, on behalf of itself and its subsidiaries and affiliates (collectively, “Space Walrus Studios”).
If You purchase Services from Space Walrus Studios, and (i) if you purchase our Services through the Google Play Store, You will be making payments to Google Inc. (“Google”) or (ii) if you purchase our Services through the Apple App Store, You will be making payments to Apple Inc. (“Apple”) or (iii) if you purchase our Services through this website, then You will be making payments to, Space Walrus Studios (“SW”), a company registered under the laws of the Netherlands, with company registration number: 000027641902 and with an office at Waterdriebladlaan 3, 7534 KA, Enschede VAT/KvK number: 58291539 (in either case, as such payments are more particularly described in Paid Services in Section 5 below). Do not use the addresses set forth above for withdrawal notices or other queries; instead, please contact Space Walrus Studios Customer Services as described below.
By using any Space Walrus Studios Services, You affirm that (i) You are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where You live) OR You have reviewed this Agreement with Your parent or guardian and he or she assents to these Terms of Service on Your behalf and takes full responsibility for Your compliance with them (You or Your parent or guardian assenting: “You” or “Your”) AND (ii) You are a legal resident of a country where Your access to and use of the applicable Services is permitted. You represent that You are fully able and competent to enter into the terms, conditions, and representations set forth in these Terms of Service, and You agree to abide by and comply with them.
These Terms of Service contain a Dispute Resolution And Arbitration Provision in Section 15, including a Class Action Waiver that affects Your rights under these Terms of Service with respect to disputes You may have with Space Walrus Studios if You reside in a jurisdiction outside of the EEA/Norway/Switzerland that permits class actions or other collective disputes. You may opt out of the binding individual arbitration and class action waiver as provided below in Section 15.
Check http://www.space-walrus.com/terms periodically for new information and terms that govern Your use of Space Walrus Studios Services. Space Walrus Studios may modify these Terms of Service at its sole discretion at any time, by posting the revised version at http://www.space-walrus.com/terms or upon other notice to You. Unless otherwise noted, revisions to terms shall be effective immediately and You will need to agree to the revised terms before You continue using any Services. By continuing to use the Services or our websites, You agree to any revised terms. If You do not agree to the revised Terms of Service and/or revised Supplemental Terms, You must discontinue further use of any of the Services, contact Customer Services at firstname.lastname@example.org, and cancel all of Your Account(s) or subscription(s).
Except for payment services made on our website, which relate to SW, or as otherwise provided by law, these Terms of Service are between You and Space Walrus Studios and none of Space Walrus Studios ’s subsidiaries or other affiliates, including without limitation Google Inc, Apple Inc. and SW, shall have any obligations or liability under or related to these Terms of Service.
Table of Contents
1. Services; Your Account(s)
Space Walrus Studios offers a range of services on PC, Mac, iOS, Android devices, and mobile devices, including, but not limited to: (i) Content (defined in Section 2), (ii) other products or services that You install or play, including, but not limited to, Space Walrus Studios’s computer and console entertainment software game(s) (collectively, “Game(s)”), (iii) software, including, but not limited to, third-party software (“Software”), and (iv) related services, such as downloading and uploading media, forums, and additional features (together with Content, Games and Software collectively referred to as “Services”).
Certain Services may require the creation of an account ("Account(s)"). To create an Account, You must have a valid email address and be eligible to use the Service for which You are registering. You must provide truthful and accurate information, and update such information to keep it true, accurate, current and complete. During the registration process, You may be required to create a password. Space Walrus Studios has the right to restrict, suspend, or terminate Your Account and refuse any and all current or future use of Services if Space Walrus Studios reasonably believes that such information is untrue, inaccurate, not current, or incomplete.
Some Services may require creation of a user name, such as a “UserID”, “Display Name”, “Character Name” to represent You in the Services, and which are tied to Your Account (collectively, “user name(s)”). You may not select the name of another person, any third party’s trademark, copyright, or other intellectual property infringement, any name that could mislead other players to believe You to be an employee of Space Walrus Studios or affiliated companies, or any name that Space Walrus Studios deems in its sole discretion to be vulgar, offensive, or otherwise violates the Terms of Service. Space Walrus Studios reserves the right, in its sole discretion, (a) to delete or alter any user names tied to an Account; and (b) to restrict, suspend or terminate Your access to any Service or license granted to You, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
By creating an Account, You agree that You do not own the Account, any user names created on the Account, any content stored or associated with an Account (such as digital and/or virtual assets, achievements, virtual currency, and other Downloadable Content), or related data associated with the Account.
Accounts are non-transferable under any circumstances. You have sole liability for all activities on Your Account and/or under Your user names. You may be held liable for losses incurred by Space Walrus Studios or other third parties due to someone else using Your Account or password. Your Account or certain features of Your Account may be restricted, suspended, and/or terminated if someone else uses Your Account to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You agree to notify Space Walrus Studios immediately of any unauthorized use of Your Account, user name, password, or any other breach of security.
Do not reveal Your Account password to others. Space Walrus Studios employees will not ask You to reveal Your password. You provide Your password only during automatic Account Services, such as during the log-on process, or if You initiate a “Forgot Password” request to obtain security questions.
SECTION 12 OF THESE TERMS OF SERVICE INCLUDE PROVISIONS THAT MAY AFFECT YOUR ABILITY TO COLLECT DAMAGES FROM SPACE WALRUS STUDIOS IF (I) YOU HAVE A DISPUTE WITH SPACE WALRUS STUDIOS AND (II) YOU RESIDE IN A JURISDICTION WHERE PROVISIONS EXCLUDING OR LIMITING LIABILITY ARE ENFORCEABLE.
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights. Exposure to certain patterns or backgrounds on a computer, television or other screen, or while playing video games, may induce epileptic seizures or blackouts in these individuals. These conditions may induce previously undetected epileptic symptoms, blackouts, or seizures in persons who have no history of prior seizures or epilepsy. If You, or anyone in Your family, have an epileptic condition, have had seizures of any kind, or seizure symptoms, consult a doctor prior to using the Services or playing any Game. If You experience any of the following symptoms while playing any Game, immediately discontinue use and consult Your physician before resuming play: dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.
Any use, reproduction, modification or distribution of Services, including, but not limited to, Games, Content, Software, or any other intellectual property not expressly authorized by the Terms of Service or by an authorized representative of Space Walrus Studios in writing is strictly prohibited.
Not all features, products, or Services offered or provided are available to all persons who try to register or in all geographic locations. Space Walrus Studios reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or Service to any person or geographic area.
Any offer for any feature, product or Service is void where such Services are prohibited. You are solely responsible for complying with applicable laws with respect to the Services that You access and use.
2. Content; User-Generated Content; Downloadable Content and Virtual Items
"Content" includes technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, animation, animation-style video, content, pictures, video, code, files, data, characters (and items and attributes associated with characters), and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of any websites under Space Walrus Studios’s control. All Content made available by Space Walrus Studios, unless explicitly identified as third party content, is owned by Space Walrus Studios, its affiliates or their licensors.
You may not copy or download any Content from a Service unless You are expressly authorized to do so by Space Walrus Studios in writing. You acknowledge and agree that You shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Content for commercial uses unless You obtained the express written consent of an authorized representative of Space Walrus Studios. For clarification purposes, “derivative works based upon” Services and/or Content are works that are substantially similar, both in ideas and expression to Services and/or Content. Therefore, if You or someone else creates a work and it is likely to bring to mind either or both Services (such as a Game) and Content, then it is likely that such work is a derivative work and as such may not be used for commercial purposes.
Content includes user-generated Content ("UGC"). UGC includes, but is not limited to, Account personas, user names, forum posts, chat posts, customer service chats, communications, images, sounds, or other suggestions, ideas, notes, feedback, concepts or other information concerning the Services whether at Space Walrus Studios’s specific request or despite Space Walrus Studios’s request that You not do so (such as Unsolicited Materials as described in Section 16). UGC also includes material and information that is contributed by You or by any other person using the Services. Space Walrus Studios does not pre-screen UGC and does not endorse or approve any UGC that You and other users may contribute to the Services. You are solely responsible for Your UGC and may be held liable for UGC that You post.
You may not submit any UGC that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights, including, but not limited to, privacy and publicity rights, unless You own those rights free and clear or have written permission from their rightful owner to post and to grant all of the described license rights to Space Walrus Studios. Unless otherwise prohibited by applicable law or regulation, by submitting UGC or creating UGC on any portion of the Services, You acknowledge and agree that all UGC is the sole property of Space Walrus Studios and You hereby assign and agree to assign to Space Walrus Studios all such UGC submitted by You. To the extent that Space Walrus Studios cannot claim exclusive ownership rights in such UGC by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law You hereby expressly grant (or You warrant that the owner of such UGC has expressly granted) to Space Walrus Studios and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferrable, sublicenseable right and license to exercise all rights of any kind or nature associated with such UGC in all formats and medium, whether existing now or in the future, and You agree not to assert or enforce any moral or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known. You further grant each user of the Services a non-exclusive license to access UGC and to use, reproduce, distribute, display and perform such UGC as permitted through the Services, including, but not limited to, Game functionality.
Space Walrus Studios reserves the right (but has no obligation except as required by law) to REVIEW, remove, block, edit, move or disable UGC for any reason, with or without notice, and HAS no liability of any kind WITH RESPECT TO UGC, including WITHOUT LIMITATION when Space Walrus Studios determines that UGC violates THE TERMS OF SERVICE. The decision to remove UGC or other Content at any time is in Space Walrus Studios's sole and final discretion. To the maximum extent permitted by law, Space Walrus Studios does not assume any responsibility or liability for UGC or for ITS removal or FOR any failure to or delay in removing, UGC or other Content.
Content also includes Content that is downloaded or downloadable from any website under Space Walrus Studios’s control (“Downloadable Content”). Downloadable Content includes, but is not limited to, licensed rights granted, awarded, and/or provided to You to access and/or use online or off-line elements or features of certain Services as well as Game updates, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements, virtual or fictional currency, video trailers, Game screenshots, and/or Game-related wallpapers. Downloadable Content may be free, redeemable, and/or purchased. Downloadable Content may only be held in Accounts belonging to legal residents of countries where access to and use of the Services and Downloadable Content is permitted. Except as granted in a Game’s EULA, Space Walrus Studios hereby grants to You a limited, non-exclusive, personal, non-transferable license to use, view and display Your Downloadable Content.
Once You have redeemed Your Downloadable Content, that Content is not returnable, exchangeable, or refundable for other Content or for cash, other goods or services unless approved by Space Walrus Studios or required by applicable law; for example, if Space Walrus Studios downloaded the wrong Content to You, You may be entitled to a refund. Unless otherwise specified by Space Walrus Studios in writing and unless otherwise prohibited by applicable law, Downloadable Content expires upon the earlier of (a) the closure of an Account, or (b) the later of one hundred and eighty (180) days past (i) the most recent Account login by You or (ii) the end of Your subscription for the applicable Service if such subscription is not renewed.
You agree that You have no ownership right or title in or to any such Downloadable Content, including, but not limited to, the virtual goods or currency appearing or originating in the Services (such as a Game(s)) or any other attributes associated with any Account or Services. Space Walrus Studios does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in a Service or a Game(s). Accordingly, You may not sell, and You may not assist others in selling, Service(s), in-Game items or currency for “real” money, or exchange those items or currency for value outside of the Services. Evidence of any attempt to redeem Downloadable Content for a purported exchange, sale, gift or trade in the “real world” will result in the immediate suspension or termination of Your Account.
You acknowledge and agree that all virtual items represent a limited license right for Your personal, private, non-commercial, non-transferable, and limited use governed by the Terms of Service and are not redeemable for any sum of money or monetary value from Space Walrus Studios at any time. Space Walrus Studios reserves the right to refuse Your request(s) to acquire Downloadable Content, and reserves the right to limit or block any request to acquire Downloadable Content for any or no reason.
This Section 2 shall survive the termination of this Agreement.
3. Limited License to Use
Subject to the terms of this Agreement and Your compliance with all of its terms and conditions, Space Walrus Studios grants to You, for Your personal and private use only, a non-exclusive, revocable, nontransferable license to use Services as set forth in this Agreement.
You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Game, Software, and/or Content, including without limitation any access keys; (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works based upon any Services; (d) otherwise use any Services except as expressly provided in this Agreement; (e) copy or download any Software or Content unless the Content is Downloadable Content or You are otherwise expressly authorized to do so in writing by Space Walrus Studios; and/or (f) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Services. Any commercial use is prohibited absent written permission by an authorized representative of Space Walrus Studios.
Space Walrus Studios actively enforces its intellectual property rights to the fullest extent of the law. If You are found to engage or facilitate the engagement of infringing and/or illegal activity, including, but not limited to, making unauthorized copies and/or distributing Services, Space Walrus Studios may in its sole discretion restrict, suspend, or terminate Your Account or Your access to some or any Services, and/or pursue further legal action against You. Please note that these activities may constitute civil wrongs and/or criminal offenses and Space Walrus Studios reserves the right to take such action as appropriate in the circumstances. You agree to reimburse Space Walrus Studios for any liabilities, damages, losses, costs and expenses incurred by or suffered by Space Walrus Studios arising from or related to any attempted or actual unauthorized or illegal conduct by You, or through the use of Your Account as more particularly described in Section 13.
Space Walrus Studios reserves title to the Services and all rights to any Services not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret, and other proprietary rights and interests. Your use of Services is subject to the intellectual property rights of Space Walrus Studios and except for the express licenses granted in the first paragraph of this Section 3, Space Walrus Studios does not grant You any licenses or rights to patents or other intellectual property. Content, Software and Games are licensed, not sold, to You.
All Services and all intellectual property rights in the Services are owned by Space Walrus Studios or its licensors and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
With the exception of the first paragraph of this Section 3, this Section 3 shall survive the termination of this Agreement.
4. Beta Tests
In its sole discretion, Space Walrus Studios may contact You to review and evaluate, or playtest, one or more Games, aspects of Games, or online features prior to commercial release for the purpose of identifying program errors and obtaining feedback. You will be asked to provide to Space Walrus Studios certain feedback and suggestions regarding Your evaluation of the Game(s) or feature(s). Your participation is subject to these Terms of Service and other applicable Supplemental Terms, such as a non-disclosure agreement.
By accepting our invitation and playtesting the Game and/or features, You also agree that to the extent permitted by law: (i) playing an unreleased Game is at Your own risk and You understand that the Game(s) and/or Game(s) features may include known or unknown bugs, (ii) any value or status indicators that You achieve through any playtest may be erased at any time, including, but not limited to, upon commercial release; and (iii) Space Walrus Studios has no obligation to make these Game(s) or features available, or available without charge or to fix errors or bugs identified by You.
Beta Test accounts are non-transferable under any circumstances.
5. Paid Services
Some Services require payment of a fee. You must have an Account and pay the applicable fees to participate in those Services. For information about subscription and other fees for particular Services, contact email@example.com
FEES ARE PAYABLE IN ADVANCE AND, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ARE NOT REFUNDABLE IN WHOLE OR IN PART.
Space Walrus Studios reserves the right to change the fees or billing methods at any time upon notice to You through Your Account. If You pay a periodic (e.g., monthly) subscription for a Service, Space Walrus Studios will provide You with at least thirty (30) days advance notice of any such changes. Your continued use of the Service thirty (30) days or more after Space Walrus Studios provides such notice of the changes means that You accept such changes. If any change is unacceptable to You, You may cancel Your subscription at any time, but Space Walrus Studios will not refund any fees or prorate fees for any subscription. Depending on the country where You reside, including if You live in the EEA, Norway, Switzerland or Australia, the law may require different provisions to apply which will be specified when You subscribe and/or in the specific notice provided to You.
If Your use of the Services is subject to applicable governmental charges (including but not limited to sales tax, value added tax (VAT), goods and service tax (GST) or other taxes), then You will pay for those charges. Your total price may include such charges or such governmental charges may be separately identified from Your Paid Service(s) fees as shown during the payment process. Failure to invoice You for any such charges does not relieve You of the liability to pay such charges.
As the Account holder, You are responsible for all charges incurred on Your Account, including, but not limited to, applicable taxes, and all purchases made by You or anyone that uses Your Account, including, but not limited to, Your family or friends.
You may choose automatic renewal of Your subscription. If You choose this option, You have agreed to permit Space Walrus Studios to automatically charge Your credit card, bank card, debit card or other Payment Method associated with Your Account for an automatic renewal of Your current subscription preferences to the applicable Service. You may cancel at any time by revising Your selection in Your Accounts page, or contacting Customer Services at firstname.lastname@example.org. In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account. Your subscription will automatically renew on the expiration date of the then-current subscription term that You previously subscribed to, at a fee no greater than Space Walrus Studios’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your subscription. If You have subscribed for an automatic subscription renewal, You agree that Space Walrus Studios may continue charging You on an automatic recurring basis for Your current subscription preferences unless You cancel Your subscription at least thirty (30) days prior to the expiration of the subscription. If You have subscribed for an automatic subscription renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your subscription expires, You will not be able to resume Game play or any paid Services usage without updating Your Payment Method information. Space Walrus Studios reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by You to Space Walrus Studios. Customers who use a third party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew subscriptions.
You may choose automatic renewal of Your subscription. If You choose this option, You have agreed to permit SW to automatically charge Your credit card or other Payment Method associated with Your Account for an automatic renewal of Your current subscription preferences to the applicable Service. You may cancel at any time by revising Your selection in Your Accounts page, or contacting Customer Services at email@example.com. In order to sign up for automatic renewal, You must keep a valid credit card number or other Payment Method number or information associated with Your Account. Your subscription will automatically renew on the expiration date of the then-current subscription term You previously subscribed to at a fee no greater than SW’s then-current price at the time of renewal, excluding any promotional and discount pricing, unless You cancel Your subscription. If You have subscribed for an automatic subscription renewal, You agree that SW may continue charging You on an automatic recurring basis for Your current subscription preferences unless You cancel Your subscription at least thirty (30) days prior to the expiration of the subscription. If You have subscribed for an automatic subscription renewal but do not have a valid credit card and/or other valid Payment Method information on file and Your subscription expires, You will not be able to resume Game play or any paid Services usage without updating Your Payment Method information. SW reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by You to SW. Customers who use a third party Payment Method may incur additional payment processing fees charged by such third party to its customers, and may not be able to automatically renew subscriptions.
In addition to the above, the following terms apply to pricing of and payment for any digital goods and in-game consumables (“booster packs”, free-to-play games, digital goods outside of any Game (such as a wallpaper, or a character outfit), and digital downloads of other products) (collectively, “Merchandise”). Unless otherwise noted, any Merchandise You purchase is automatically downloaded and will be applied to Your Account or Game(s) upon purchase. The prices for Merchandise displayed for such items are subject to change at any time without notice.
For some Services, Space Walrus Studios may offer You early access to a Game and/or a trial subscription. Such Services may require You to sign up for an Account and/or a subscription under the terms described above. If You accept a free trial subscription for a Game that requires a subscription, and the trial period expires, You will not be able to resume Game play or any paid Services usage without updating Your information and/or purchasing the paid subscription Services. Space Walrus Studios is under no obligation to notify You in advance of the free trial subscription expiring and You will be responsible for all charges incurred. Trial subscriptions are not transferable.
6. Availability of Services and Content; Game Maintenance, Patches, Updates; Termination of Services
Space Walrus Studios does not guarantee that any Services will be available at all times, in all countries and/or geographic locations, at any given time, or that it will continue to offer any particular Services for any particular length of time. Except as prohibited by applicable law, Space Walrus Studios reserves the right to change and update Content without notice to You. Space Walrus Studios also reserves the right to refuse Your request(s) to acquire Content, and to limit or block any request to acquire Content, including, but not limited to, Downloadable Content, for any reason.
Space Walrus Studios may patch, update, or modify at any time with or without notice to You. Notwithstanding the foregoing, Space Walrus Studios has no obligation to make available any patches, updates or modifications or correct any errors or defects in the Services. Space Walrus Studios makes no guarantees about the persistence or availability of any user names or other personas at any time and assumes no liability for lost or deleted Account data. Except as prohibited by applicable law, You agree that Space Walrus Studios will not be liable for any interruption of the Services, delay or failure to perform, any loss of Content (including, but not limited to, User-Generated Content and Downloadable Content), and/or Account data (including, but not limited to, Character data) resulting from any causes whatsoever. Space Walrus Studios reserves the right to offer new Services, change and/or discontinue certain Services at any time in its sole discretion.
Except as prohibited by applicable law, Space Walrus Studios may restrict, suspend, or terminate Your access to some or any Services at any time. Should Space Walrus Studios make a material change to the Services, it will provide You notice within the time period specified when You joined the particular Service, or if no time period for notice of material changes was specified, then within thirty (30) days of the date such notice is either (at Space Walrus Studios’s discretion) provided to You via email or is posted on the applicable product or Space Walrus Studios Service or on Your “My Account” section.
In response to a violation of these Terms of Service, Space Walrus Studios may issue You a warning, suspend or restrict certain features of Your Account (including, but not limited to, user names), selectively modify or remove or revoke Downloadable Content at an Account and/or device level, immediately terminate any and all Accounts that You have established and/or temporarily or permanently ban Your Account, device, and/or machine from accessing all or certain Services.
Space Walrus Studios may terminate Your access to the Services (i) for violation of these Terms of Service, (ii) if Space Walrus Studios, in its sole discretion, deems that Your information is untrue, inaccurate, not complete or incomplete; (iii) Your use of such Services infringes on or is suspected to infringe on another’s rights or any intellectual property; (iv) that You or Your Account reflects inappropriate content and/or violates these Terms of Service. Any and all Content (including, but not limited to, Software, Content, and Downloadable Content) will be considered forfeit immediately in the event of any cancellation, closure, or termination of Your Account by Space Walrus Studios.
If Space Walrus Studios terminates an Account, it may terminate other Accounts that share the same characteristics, such as the name on the account, email address, mailing address, Internet Protocol address, or credit card number or other Payment Method. Space Walrus Studios reserves the right to use any means necessary and permitted under applicable law to identify and terminate Accounts.
You acknowledge that in such circumstances, Space Walrus Studios is not required to provide You notice before taking action to restrict, suspend or terminate Your access to or use of Services, and/or Your Account. If Space Walrus Studios terminates Your Account, You may not use any Service again without Space Walrus Studios's express written permission. Space Walrus Studios reserves the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by Space Walrus Studios to use Your Account.
If Your Account, or a particular subscription for a Service associated with Your Account, is terminated or suspended and/or if any Downloadable Content is selectively removed, revoked or garnished from Your Account and/or if Your device is temporarily or permanently banned from accessing some or all of the Services, no refund will be granted, no Downloadable Content will be credited to You or converted to cash or other forms of reimbursement, and You will have no further access to Your Account or Downloadable Content associated with Your Account or the particular Service except where any action has been taken against Your Account or device in error. If You believe that any action has been taken against Your Account or device in error, please contact Customer Services at firstname.lastname@example.org.
7. Your Right to Cancel Your Account
You have the right to cancel Your Account or a particular subscription to a Service at any time. Additional cancellation terms in respect of a particular subscription may be specified when You subscribe, in Your Account information, or in notices for subscription renewals.
Contact Space Walrus Studios's Customer Service at email@example.com to cancel Your Account or subscription to a Service.
Space Walrus Studios reserves the right to collect fees, applicable governmental charges (including sales tax, value added tax (VAT), goods and service tax (GST) and other taxes), or costs incurred before You cancel Your Account or a subscription to a 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 must be settled before You establish a new Account.
8. Rules of Conduct
Except as prohibited by applicable law, Space Walrus Studios has the right, in its sole discretion, to modify, restrict, suspend, or terminate Your access to the Services. As noted above, this could result because (i) Your information is untrue, inaccurate, not complete or incomplete; (ii) Your activities infringe on or are suspected to infringe on another’s rights or any intellectual property; (iii) Space Walrus Studios in its sole discretion determined that You or Your Account reflects inappropriate content; or (iv) You or activities taken under or with Your Account violate the Terms of Service. Other Supplemental Terms pertaining to Your Service and/or Game, such as a Code of Conduct, provide guidance on behavior that Space Walrus Studios deems to be inappropriate and specify restrictions on Your Account, Your use of the Game, or Your participation in the Services.
You agree not to use any Service to:
Space Walrus Studios may report certain incidents to law enforcement and other authorities, including, but not limited to, disclosing Account information, in the good faith belief that it is required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when it deems it necessary or appropriate to disclose certain information to law enforcement and other authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of these Terms of Service and/or Supplementary Terms; to respond to any claims; or, to protect the rights, property, or personal safety of Space Walrus Studios, our customers, or the public.
Unless otherwise specified, there is no requirement or expectation that Space Walrus Studios will monitor or record any online activity on the Services. Space Walrus Studios reserves the right, but is under no obligation to monitor communications within, through or across the Services, such as in-Game or on forums. Space Walrus Studios also reserves the right to access and/or record any online activity on the Services, and You give Space Walrus Studios Your express consent to access and record Your activities. This includes, but is not limited to, Your consent to access, record, and turn over any online activity where Space Walrus Studios believes that disclosure is necessary to comply with the law, to combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Space Walrus Studios or to comply with an order from a government entity or other competent authority, or when Space Walrus Studios has reason to believe that a disclosure is necessary to address potential or actual injury or interference with Space Walrus Studios’s, Your, or another user’s rights, property, or operations, or to protect others who may be harmed or may suffer loss or damage.
You agree that in its sole discretion and without notice, Space Walrus Studios may remove content from any Service, take whatever steps it deems necessary to abridge or prevent behavior of any sort in Services, including, but not limited to, in any Game(s). Space Walrus Studios has no liability for Your or any third party's violation of this Agreement.
If You encounter another user who is violating a code of conduct, please report this activity to Space Walrus Studios by contacting Space Walrus Studios Customer Service at firstname.lastname@example.org. If You are in-Game, You can report an issue using an in-Game help feature where applicable or You may contact Customer Service directly at email@example.com.
9. Your Use of the Services
You further agree not to access, create, or provide any other means through which the Services, including, but not limited to, any Game(s), may be used or accessed by others, such as through server emulators.
You may not participate, take part in, initiate, or engage in actions that impose an unreasonable or disproportionate load on the infrastructure hosting the Game(s) and/or Services.
You agree not to use any hardware or software or any other method of support that is not authorized by Space Walrus Studios or that may in any way influence or advantage Your playing abilities, or influence or advantage Your use of the Services. Third party tools, the use of ‘bots’, “speed hacks”, “deep-link”, “page-scrape”, “robot”, “spider”, algorithm or other programs that copy or monitor any part of the Services (including, but not limited to, the Game(s) and/or forums), software that transmits, manipulates, or distributes (including, but are limited to, “mirroring”) the data stream or any aspect of the Services to another computer, server websites or other publication or distribution media, or software that permits You to use Services without human input are examples of methods not authorized by Space Walrus Studios.
You acknowledge that You do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for certain Content (such as Game(s)), except as authorized in writing by an authorized Space Walrus Studios representative. You may use the Software to the extent expressly permitted by this Agreement and the EULA.
Please note that a violation of these terms of service may constitute civil wrongs and/or criminal offenses and Space Walrus Studios reserves the right to take such action as Space Walrus Studios in its sole discretion deems appropriate in the circumstances.
Space Walrus Studios in its sole discretion may implement various forms of filtering, blocking, or monitoring of IP addresses, MAC addresses or proxies used to use, play or access the Services, including without limitation blocking or filtering measures that restrict Your ability to use, play or access the Services. Space Walrus Studios in its sole discretion may restrict access or certain features or Services to any person, territories or geographic areas.
10. Third Party Sites and Products
Services may be linked to unaffiliated third-party websites or applications, such as social networking, blogging and other third-party websites (collectively, “Third Party Sites”). Some of these third-party websites permit You to log in using their existing account and credentials. Certain Services may allow You to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities in connection with the Services to be shared with Your contacts in Your Third-Party Site account. In certain situations, You may be transferred to a Third Party Site through a link but it may appear that You are still using the Services. These Third Party Sites might require You to comply with the terms and conditions, user’s guides and privacy policies of such Third Party Sites.
Some of these web sites may charge separate fees, which are not included in any subscription or other fees that You may pay under these Terms of Service. Any separate charges or obligations that You incur in Your dealings with third parties and Third Party Sites are Your responsibility and may subject You to additional or different terms and restrictions. You are always responsible for any internet service provider, telephone, wireless and other connection fees that You may incur when using any Services.
Space Walrus Studios provides access to the Third Party Sites to You as a convenience, and Space Walrus Studios does not verify, make any representations or warranties or take responsibility for any such Third Party Sites. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT SPACE WALRUS STUDIOS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. SPACE WALRUS STUDIOS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY SITES OR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OFFERED BY THIRD PARTIES THROUGH SPACE WALRUS STUDIOS OR ANY THIRD PARTY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF THIRD PARTY SITES OR GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OF THIRD-PARTIES.
This Section 10 shall survive the termination of this Agreement.
11. Disclaimer of Warranty
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPACE WALRUS STUDIOS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE. EACH SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR SUBSCRIPTION TO THE SERVICE. AS NOTED IN THIS AGREEMENT, WHEN YOU CANCEL YOUR ACCOUNT OR SUBSCRIPTION TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW REQUIRES A REFUND BE GIVEN.
IN SOME COUNTRIES, CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED. SPACE WALRUS STUDIOS AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY, IF AND TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
IF YOU ARE RESIDENT IN THE EEA, NORWAY, SWITZERLAND OR AUSTRALIA, THERE ARE CERTAIN GUARANTEES, WARRANTIES TERMS AND CONDITIONS, IMPOSED BY LAW RELATING TO THE SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT WHICH THE LAW EXPRESSLY PROVIDES MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED, INCLUDING THE CONSUMER GUARANTEES UNDER APPLICABLE CONSUMER LAW ("STATUTORY OBLIGATIONS"). THE PROVISIONS OF THIS SECTION 11 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS.
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. SPACE WALRUS STUDIOS DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. SPACE WALRUS STUDIOS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SPACE WALRUS STUDIOS WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
IN STATES OR JURISDICTIONS THAT PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, SPACE WALRUS STUDIOS SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THE DURATION OF ANY SUCH WARRANTY THAT MAY NOT BE DISCLAIMED SHALL BE FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW.
THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
12. Limitation of Liability; Limited Remedies
IF YOU ARE RESIDENT IN THE EEA, NORWAY, SWITZERLAND OR AUSTRALIA, THE PROVISIONS OF THIS SECTION 12 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS.
OTHER THAN AS PROVIDED IN THE FOREGOING PARAGRAPH AND CONSISTENT THEREWITH, SPACE WALRUS STUDIOS AND SPACE WALRUS STUDIOS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR CONTENT, DAMAGE CAUSED TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH AND SECURITY BREACH), REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, INCLUDING WITHOUT LIMITATION THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, AND WHETHER OR NOT SPACE WALRUS STUDIOS HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS SECTION 12 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
If (i) You misuse any Service or breach this Agreement; (ii) You improperly or illegally use a Service or Your Account, including without limitation, the use of Your Account by anyone other than Yourself; or (iii) any contributions, actions or omissions by You in connection with Your use of Services, including without limitation any UGC You contribute, results in Space Walrus Studios incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys’ fees and court costs), then You agree to reimburse Space Walrus Studios and its affiliates and other participants of the Services from all such liabilities, damages, losses, costs and expenses.
If a third party sues Space Walrus Studios for any of (i) – (iii) above, Space Walrus Studios reserves the right to control the defense and settlement of such third party lawsuit, and You agree to reimburse Space Walrus Studios for the cost of the defense, including, but not limited to, reasonable and documented attorneys’ fees.
This Section 13 shall survive termination of this Agreement.
14. Termination of Your Account by Space Walrus Studios
Space Walrus Studios reserves the right to restrict, suspend or terminate this Agreement and Your Account as provided in these Terms of Service including without limitation restricting, suspending or terminating any licenses, and/or access to one or more of the Services.
In addition, Space Walrus Studios reserves the right to restrict, suspend or terminate this Agreement and Your Account immediately and without notice to You if (i) You breach this Agreement, (ii) infringe or violate any third party rights, including without limitation third party intellectual rights, (iii) if Space Walrus Studios is unable to verify or authenticate any information You provide to Space Walrus Studios, or (iv) upon Your use of Services, for any other activity whatsoever that is, in Space Walrus Studios’s sole discretion, unlawful, inappropriate and/or in violation of the spirit of these Terms of Service or a Service, including without limitation Your actions in a Game(s) or forums.
Upon Space Walrus Studios’s decision to restrict, suspend, or terminate this Agreement, You will lose access to Your Account.
15. Dispute Resolution and Arbitration
If You reside in the EEA/Norway/Switzerland, then only this first paragraph of this Section 15 will apply to You. Space Walrus Studios will try and solve any disagreements that arise between You and Space Walrus Studios promptly and efficiently. You and Space Walrus Studios may agree to refer any disputed matter to resolution proceedings other than in a court but You and Space Walrus Studios are not restricted from bringing court proceedings at any time.
If You reside outside the EEA/Norway/Switzerland, then the terms below in this Section 15 apply to You.
This Section 15 facilitates the prompt and efficient resolution of any disputes that may arise between You and Space Walrus Studios. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Section 15 (as explained below), which means You would retain Your right to file a lawsuit and litigate Your disputes in a court, either before a judge or jury. Certain of the terms below in this Section reference “class actions” or “other collective disputes.” If You reside in a jurisdiction that does not permits class actions or other collective disputes, such terms will not apply to You.
Please read this Section carefully. It provides that all Disputes (defined below) between You and Space Walrus Studios shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise expressly provided in this Section 15 or applicable law, entering into this Agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including, but not limited to, attorneys’ fees). The arbitrator may not award damages disclaimed by these Terms of Service.
For the purpose of this Section 15, “Space Walrus Studios” collectively refers to Space Walrus Studios, its subsidiary and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between You and Space Walrus Studios regarding or related to any aspect of Your relationship with Space Walrus Studios, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes, but not limited to, the validity, enforceability or scope of this Section 15 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND SPACE WALRUS STUDIOS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS SECTION 15.
16. Unsolicited Materials
Space Walrus Studios has an established policy not to accept or consider any unsolicited material, ideas or suggestions of any nature whatsoever. Please do not send us any unsolicited materials, as they will not be considered by anyone at Space Walrus Studios. Any unsolicited materials sent will be treated as non-confidential, and Space Walrus Studios will not be liable for any use or disclosure of such unsolicited material.
If You do send any creative materials, including, but not limited to, feedback, creative suggestions, error corrections, ideas, notes, drawings, fan art, storylines, music, concepts, data, or other content that is not UGC, transmitted via the Services, websites, U.S. Postal Service, Fed-Ex, mail, electronic mail or otherwise (collectively “Information”), such creative materials and communications shall to the fullest extent permitted by law be deemed to be the property of Space Walrus Studios and You hereby assign and agree to assign to Space Walrus Studios ownership of all such Information. None of the Information shall be subject to any obligation of confidence on the part of Space Walrus Studios and Space Walrus Studios shall not be liable to You for any use or disclosure of any Information. Space Walrus Studios shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use and exploitation of the Information for any purpose whatsoever, commercial or otherwise, without compensation to, or approval by, You.
17. Intellectual Property Infringement
Space Walrus Studios respects the intellectual property rights of others, and require that those who use any Services do the same. Space Walrus Studios will terminate the Account of any user who is responsible for any or repeated acts of intellectual property infringement. You may not, and by using the Services You agree not to, use the Services to transmit material: (i) that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
If You believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement, please send a written communication that includes the following information to the Copyright Agent named below (please consult Your counsel and/or see Section 512(c)(3) of the Digital Millennium Copyright Act):
Space Walrus Studios
Attn: Legal Department
If You believe that any Content appearing on the Services has been used in a way that constitutes any infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation.
Space Walrus Studios will notify You if it removes or disables access to copyright-protected material that You provide, if such removal is pursuant to a valid DMCA take-down notice that Space Walrus Studios has received. If You receive such notice from Space Walrus Studios, You may provide Space Walrus Studios with a counter-notification in writing to Space Walrus Studios’s designated agent that includes all of the following information:
Space Walrus Studios may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.
18. General Terms
19. Entire Agreement
If there is any conflict between the Terms of Service, a EULA and any Supplemental Terms, the terms and conditions shall govern Your use and access of the Services in the following order of precedence:
(A) with respect to any specific Game: (i) the EULA for that Game; (ii) the Code of Conduct for that Game (if any); (iii) the applicable beta agreement; (iv) any applicable nondisclosure agreement, (v) the Terms of Service, and
Bookmark Space Walrus Studios.com/legal_terms.htm and visit this site regularly for updates to Space Walrus Studios Terms of Service.
This document was last updated on April 20, 2014
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