END USER LICENCE AGREEMENT
Last updated: September 22, 2016
Cruderocks (“IP Kremlev I.S.”) provides this game software (along with any updates, the “Software”) in relation to our game “High Octane Drift” (the “Game”, and collectively with the Software and Cruderocks’s related services, the “Service”), for your personal use only, subject to this End User License Agreement (the “EULA”) as well as Cruderocks’s Terms of Service (the “Terms”), which are incorporated by reference herein. This EULA and the Terms, as modified from time to time, govern your use of the Game, Software and Service.
By downloading, installing, accessing or using the Software, you agree that you have read, understood, and agree to be bound by this EULA and the Terms. If you do not agree, you may not download, install, access or use the Software.
1. About this End User Licence Agreement
This EULA incorporates the rules and guidelines that apply to your use of the Game (the “Game Rules”). The Game Rules are indicated in Exhibit A,and form part of this EULA. You confirm your agreement to this EULA including the Game Rules as part of the installation process of the Game (if applicable) or by using the Game. If you do not agree to this EULA or the Game Rules, please do not attempt to install the Software or use the Game.
You must also accept and comply with all rules of external platforms applicable to specific Game, including but not limited to, Steam services rules. Any breach of any rules of the external platforms shall also be regarded as a fundamental breach of the Terms of Service by you.
This EULA together with third parties’ rules and other documents that you accept set out how we expect you to behave when playing the Game. Please review them carefully before playing the Game.
3. Limited License
3.1 Subject to your compliance with the terms and conditions set forth in this EULA and the Terms (including without limitation payment of any applicable fees), Cruderocks grants you:
(a) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the Software as downloaded directly from Cruderocks or made available by an authorized Cruderocks distributor, solely in object code format and solely for your personal, non-commercial use for lawful purposes; and
(b) non-exclusive permission to access and use the Service for your personal, non-commercial use for lawful purposes, solely through the use of a licensed copy of the Software.
3.2 You may not reproduce, distribute, publicly display, publicly perform, or otherwise use the Software, except as expressly set forth herein. Except and solely to the extent such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the Software, or make or attempt to make any modification to the Software or any portion thereof; or (b) interfere with or circumvent any feature of the Software or the Service, including without limitation any security, or access control mechanism, or use any automated scripts, tools, “bots” or otherwise exploit the system for the purpose of altering the game play or eliminating, reducing, or otherwise circumventing fees that would otherwise be payable, or attempt to do any of the foregoing. The term Software, as used herein, includes any update or modification to the Software made available to you by Cruderocks (unless provided with separate terms). If you are prohibited under applicable law from using the Software or the Service, you may not use them.
4. Amendments to this EULA and the Game Rules
4.1 Cruderocks reserves the right, in its sole discretion, to change, modify, add, or remove portions of this EULA on a going forward basis at any time by making such modified EULA available to you on the Cruderocks websites (the “Sites”), through the Software, or both. The EULA will be identified as of the most recent date of revision and will be effective immediately upon posting, except as follows: (a) in the event any such modification materially alters your rights hereunder, we will attempt to notify you directly through a message sent to the email address you have provided to Cruderocks, if any, or a pop-up window or other notification when you access or use the Service, (b) such materially modified EULA will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are made available to you, and (c) any dispute between you and Cruderocks will be resolved in accordance with the EULA and Terms in place at the time such dispute arose. Your use of the Service after modifications to the EULA become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of the EULA, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.
4.2 From time to time we may also need to amend the Game Rules, for example to address issues that may arise in the Game or the way that the Game is being played and to ensure that the Game continues to be enjoyable for all users. The latest version of the Game Rules will always be available on the Sites. Any new version of the Game Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use the Game after a new version of the Game Rules takes effect, then you shall be considered to have accepted the amended Game Rules.
5. Technical Requirements
By using the Software you agree that you have the necessary hardware, software and capability (including a suitable connection to the Internet) required for the use of the Game. We accept no responsibility or liability for any failure of your system to meet the technical requirements of our Game.
6. Patches, Updates and Changes
6.1 From time to time, we may need to:
(a) deploy or provide patches, updates, additional content or other modifications to the Software (for example to enhance online gameplay, to add new features or to resolve software bugs); and
(b) remove or suspend access to particular features, content or other parts of the Game.
6.2 We need to take the actions referred to in section 6.1 automatically in order to keep the Software and Game running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
7. Intellectual Property
7.1 The Service, including the Software, is owned and operated by Cruderocks and its third party suppliers and licensors. The Software and Game, including without limitation the code, graphics, game play, user interface, audio and other content(the “Cruderocks Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Cruderocks, all Cruderocks Materials, including intellectual property rights therein and thereto, are the sole and exclusive property of Cruderocks or its subsidiaries or affiliated companies and/or third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the Cruderocks Materials except as expressly permitted in this EULA. Cruderocks reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest in or to the Cruderocks Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.
7.2 “High Octane Drift”, “Driftheads” and “Cruderocks” and their respective logos are trade marks or registered trade marks of Cruderocks (in the United States and other countries). You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved.
8. Game Rules
8.1 The Game Rules set out how we expect you to behave when playing the Game. Please review the Game Rules carefully before playing the Game. Please note that ‘role-playing’ is not an excuse for contravening the Game Rules.
8.2 If you contravene the Game Rules, then we may, at our sole discretion and without any notice to you, take any or all of the following actions:
(a) suspend or terminate your access to certain Game functionality, including the ‘game chat’ functionality in the Game; or
(b) suspend or terminate your Account as provided in the Terms of Service.
8.3 If you encounter another user who is contravening any of the Game Rules, please report this activity to Cruderocks using the “Help” or “Report Abuse” functions in the Game if available, or otherwise contact Customer Support at https://cruderocks.com/contact
9. Epilepsy Warning
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
10. Term and Termination
This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA, or any termination or suspension of your right to use the Service, as provided in the Terms. Upon any termination of this EULA, you must immediately cease use of the Software. Cruderocks may terminate this EULA at any time for any reason. Sections 2, 3.2, 4, 7, 8, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination of this EULA.
11. Warranties and Liability regarding the Game
11.1 WE WARRANT THAT WE HAVE THE RIGHT TO ENTER THIS EULA AND TO GRANT YOU THE LICENSES TO USE THE GAME AS SET OUT IN SECTION 3.
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY ADDITIONAL WARRANTY. THIS MEANS THAT WE DO NOT WARRANT THAT THE GAME IS FREE OF ERRORS AND ALSO THAT WE MAKE NO WARRANTIES ABOUT THE FEATURES, CONTENT OR OTHER PARTS OF THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRUDEROCKS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. CRUDEROCKS EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SOFTWARE OR SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SOFTWARE OR SERVICE.
11.2 WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER WHERE THAT LOSS OR DAMAGE IS A FORESEEABLE RESULT OF OUR BREACH OF THIS EULA, UP TO THE AMOUNT SPECIFIED IN SECTION 11.3. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF THEY WERE AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPTED THIS EULA. UNDER NO CIRCUMSTANCES WILL CRUDEROCKS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICE, EVEN IF CRUDEROCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11.3 OUR MAXIMUM AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO CRUDEROCKS IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (II) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold Cruderocks and its affiliates, officers, directors, suppliers, and customers harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your use or misuse of the Service or the Software or the Game, your violation of this EULA, any applicable law or regulation, or the rights of any third parties related to the use of the Service.
13. Force Majeure
Cruderocks will not be liable for any failure to perform any obligation under this EULA, and we will not be liable for any failure or to make the Game available for download, installation or use, if that failure is caused by the happening of any unforeseen event beyond our control including without limitation: Internet outages, communications outages, hacking, fire, flood, war or act of God.
14. Governing Law and Dispute Resolution
This EULA will be governed by the laws of the State of California, USA, without respect to choice of law provisions. Any claim or dispute arising out of or in connection with this EULA must be resolved in accordance with the Terms, which you agree and understand requires us to resolve most of our disputes by binding arbitration, and that by using the Software or the Service, YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION SUIT AGAINST CRUDEROCKS.
This EULA and the Terms constitute the entire agreement between you and Cruderocks, and supersedes any and all prior agreements, negotiations, or other communications between you and Cruderocksg, whether oral or written, with respect to your use of the Software. In the event that any provision of this EULA is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this EULA; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You may not assign this EULA without the prior written consent of Cruderocks, whether expressly, by operation of law, or otherwise, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. Cruderocks may assign this EULA without restriction. Subject to the foregoing, this EULA shall be binding on the parties and their respective heirs, successors, and permitted assigns. The failure to exercise, or delay in exercising, a right, power or remedy provided in this EULA or by law shall not constitute a waiver of that right, power or remedy. Cruderocks’s waiver of any obligation or breach of this EULA shall not operate as a waiver of any other obligation or subsequent breach of the EULA. The English language version of this EULA shall be the official and controlling version, and any translation provided is solely for convenience.
16. Contact Us
If you have any questions, complaints, or comments regarding this EULA, please contact us at https://cruderocks.com/contact.
Additions to the End User License Agreement (“EULA”).
End User License Agreement
Terms of Service
IMPORTANT! PLEASE READ CAREFULLY!
BY INSTALLING, COPYING, OR OTHERWISE USING OUR GAME(S) OR SERVICE(S) IN ANY MANNER, YOU AGREE TO BE BOUND BY THE TERMS OF THESE RULES.
IF YOU DO NOT AGREE WITH OUR RULES, PLEASE DO NOT PROCEED WITH THE REGISTRATION PROCESS AND LEAVE OUR SITES IMMEDIATELY AND DO NOT ACCESS OR USE OUR WEBSITE(S), GAME(S), OR SERVICE(S).
1. General Provisions
1.01. In order to register, players must be thirteen (13) years of age or older, and are allowed only one account registered per server. All players are solely responsible for their behavior in public chat. Players are responsible for protecting their accounts from access by others, and are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site. It is highly discouraged for users to share accounts with others. In the case of an account that has been lost or hacked, please inform technical support immediately through their website, Support.
If you are under 13 years of age or other minimum legal age where it differs under local legal requirements, please ask your parent or guardian to review and approve this EULA on your behalf. If you are under the aforesaid age, you must not use or access the Game without a parent or legal guardian supervising you.
1.02. The developers (Cruderocks) of this software are not responsible for the behavior of any individual player, as well as for the content of his or her messages in all game chats and channels. Players are solely responsible for their behavior and the content of their messages in all game chats and channels.
1.03. Cruderocks reserves the right to evaluate each incident on a case by case basis. The action that may be taken may be more lenient or more severe than those listed under each category.
1.04. Cruderocks may suspend, terminate, modify, or delete accounts at any time for any reason or for no reason, with or without notice to the owner of the account. Accounts terminated by Cruderocks for any type of abuse, including without limitation a violation of these rules or the EULA, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these rules, the End User License Agreement (EULA), or other Cruderocks policy. Players may cancel any account registered to themselves at any time by following the instructions on the Website. Cruderocks may stop offering and/or supporting any service at any time.
1.05. Players who decide to be involved with the game acknowledge and agree to these and all other relevant rules and will abide by them regardless of the circumstances. In addition players also agree that these Rules will apply to anyone that is allowed to use their Cruderocks account or user ID. By allowing another user to use the account, the account owner is personally responsible for all the consequences (including termination of said account) which may result, if the above discussed person violates any of the listed rules at any time. The account owner will not be entitled to a refund of any currency or any form of credit.
1.06. Administration does not bear responsibility for any inter-team relationship. It is at sole discretion of team leaders and officers to carefully choose team members (especially whilst assigning team members to important offices such as the team treasury). By assigning a clan member to a respective office team leader confirms his confidence in the member. Privates, from their side, confirm that they accept team rules and regulations by entering the respective team. Note, that in the event of a conflict within a team, information, such as treasury logs (and similar) will not be provided on request.
2. Prohibitions, restrictions and conditions of use, for all game chats and channels
You agree not to do any of the following while using the Game or any Cruderocks game chat or channels.
2.01. Excessive profanity and inappropriate language is not welcome. It is suggested to ensure that the censor filter is switched on. The censor filter is not an excuse to break the existing game and chat rules, and excessive profanity will still be sanctioned.
2.02. Typing in such a way to bypass the censor filter is prohibited.
2.03. Insults, personal attacks, abuse or harassment are not tolerated on any level.
2.04. Derogatory comments based on race, nationality, religion, culture, sex, or sexual preference are prohibited.
2.05. Allusion of racial or national supremacy, as well as discriminative propaganda on any level is prohibited.
2.06. Spamming or posting nonsensical messages is prohibited in the game chat. This also includes excessive use of caps.
2.07. Begging/Soliciting in any form is prohibited in all game chats and channels. Begging/Soliciting includes but is not limited to: requesting users to transfer real money to the virtual wallet, asking for additional credits, and requests to transfer game currencies.
2.08. All types of ads for sale, exchange, or other options for the transfer of accounts from one user to another violate EULA and are prohibited in all game chats and channels.
2.09. Distribution of user’s personal information without their consent is prohibited.
2.10. Slandering users or posting false information about users in all game chats and channels is prohibited.
2.11. Attempting to extort information from users, including information necessary for the use of their account is prohibited.
2.12. Discussion on, or linking to illegal activities, such as illicit drugs, is prohibited. This includes but is not limited to the linking of, or discussion on, websites dedicated to vulgar, racist, abusive, illegal, or any other content prohibited by the EULA, or linking to the resources that contain such advertisement or content.
2.13. Discussion on, or linking to unreleased content, cheats, hacks, Trojan horses, or malicious programs is prohibited. If you suspect that a cheat or hack exists or have any other problems or concerns on these topics, provide the necessary information to technical support.
2.14. Discussion on, advertising of, or linking to websites, in relation to the selling of in-game currencies, promotional codes, leveling services, or game accounts is prohibited.
2.15. Death threats and other threats of violence in real life, directed either against individual users, game masters or administration of the project, are prohibited.
2.16. All types of advertising messages are prohibited in game chats. With the exception that game-related advertising such as team recruiting is permitted with the following restrictions. It may contain no more than three (3) lines on a standard chat window, and be posted no more than once every 15 minutes within the game chats.
2.17. Mentioning and discussing of other games is permitted, but it should be discontinued if the character of the discussion turns into at a direct promotion of another gaming project.
2.18. Discussion of social, religious, political, illegal or other controversial topics that may create offense is prohibited. This includes but is not limited to negative portrayal of religious and political figures.
2.19. Discussion of decisions or sanctions made by Game Masters or Administration in all game chats and channels is prohibited.
2.20. Any kind of provocations for other players to violate the EULA as well as additions to it is strictly prohibited.
2.21. Any statements or other actions that violate any applicable laws or regulations are strictly prohibited and will be strongly suppressed.
2.22. Any attempt to create nicknames, groups, or organized communities of players associated in any fashion with organizations which violate any applicable laws or regulations is prohibited. This includes but not limited to, direct or indirect references to Nazi symbols, abbreviations and well known leaders.
2.23. The use of copyrighted, trademarked, patented, classified, or restricted material or information and the violation of any rights of any party, including rights of privacy or publicity is prohibited.
2.24. Cruderocks is not responsible to any agreement between players which resulted in loss of control over The Game’s virtual goods (for example, in case of special conditions of in-game Trade Offers or in-game Market sale).
3. Names (Players and Teams), Wraps, License Plates, Images/Video, Signatures & Team logos
Certain content for names, wraps, license plates, images/video, signatures & team logos, have no place on the forums or within the Game, due to their extremely offensive, annoying or inappropriate nature. The following list is only a summary, but it gives some idea of names, images, signatures, wraps, license plates and team logos which are not accepted with the Game environment:
Names, Wraps, License plates, Images/Video, Signatures & Team logos ….
3.01 that contain profanity, including its abbreviated form.
3.02 that contain insults, personal attacks, abuse or harassment.
3.03 that contain unprintable words or abbreviations, or which are unattractive and/or unreadable.
3.04 which either in whole or partly contain copyrighted or registered trade mark elements.
3.05 which have (in any way) racist or nationalistic implications which may create offense to a certain nation, ethnic, religious or racial group.
3.06 that contain an allusion of racial or national supremacy, as well as discriminative propaganda on any level.
3.07 which contain insults or derogatory comments based on race, nationality, religion, culture, mental stature, sex, or sexual preference
3.08 which have an association with sexuality, pedophilia, sexual abuse; or have an offensive connection to the human body or bodily functions.
3.09 which contain nudity, sexually explicit material or content that is otherwise deemed inappropriate.
3.10 which contain excessive gore or violence, or are obscene/vulgar.
3.11 which make reference to addictive or illegal substances or their use, or any other illegal activities.
3.12 that contain Logotypes, symbols, emblems or figures connected in one way or another with organizations, that violate or were violating existing laws and rules; i.e. anything that may provoke strong negative reaction/association or promote national/ethnic/religious hatred. (For example, using different variations of Nazi symbolic, abridgments and signs [88, 14, 420, SS], or similar stylizing [such as, 55] as well as credentials, names and surnames of Nazi leaders.)
3.13 that contain reference to current mainstream religions that may create offense, i.e. names such as God, Jesus, Allah, etc.
3.14 that are connected with negative historical or political personalities, first of all those who are judged by international courts for crimes against humanity, those that generally arouse feelings of suffering or disgust in the majority of people, as well as members of currently existing terrorist organizations.
3.15 that negatively portrays the projects staff, or administration.
3.16 which in any other manner violates the End User License Agreement or local laws, either implicitly or explicitly are prohibited (This also contains links to websites containing the above).
If names (player or team), wraps, license plates, signatures, images/video, team logos within the forums or within the game violate these rules the offending account may be changed and/or the accounts may be sanctioned or suspended. Moreover, the administration reserves the right to delete, update or modify any names (player or clans) and wraps, images or team images which are considered inappropriate on the forums or within the game environment.
4. Inappropriate conduct in game / Fair play principles
The following actions are prohibited in game:
4.01. Intentionally blocking a movement path of other players, which resulted in collision and loss of drifting points.
4.02. Using bots, clickers, macros, keyboard and mouse recorders, or any other similar methods to accumulate credits and experience without the participation or with passive participation of the player within the race (excessive and repetitive passive play).