Frictional Wiki:General disclaimer

Welcome to our Frictional Games Wiki page and thank you for enjoying our games and wanting to contribute to our community! This Wiki page and all its content are governed by our Privacy Policy and End User License Agreements (“EULA”) pertaining to relevant games, which you can find here: EULA: SOMA EULA: Amnesia: A Machine for Pigs EULA: Amnesia: The Dark Descent EULA: Penumbra: Requiem EULA: Penumbra: Black Plague EULA: Penumbra: Overture

For you as a contributor to our community, either through mods (whether in or related to Frictional Games’ games or not) or through adding content to our Wiki page, we would like to point your attention to Section 19 of our EULA, as shown below below, which, among other terms and agreements of the EULA, regulates content that you create such as a mods or guides on this Wiki page and the license you grant Frictional Games in relation to such content.

For you as a user of this Wiki page and its content and services, we would like to point out Section 14 of the EULA, as shown below, which states that the information contained on this Wiki page is provided by us “AS IS” and that we, Frictional Games, to the fullest extent disclaims all warranties.

The relevant part of the Sections 14 and 19 are for your convenience and information stated below. However, the information stated here is only for your convenience and information and the EULA in its latest iteration is always the governing document of our video games and any related sites, such as this Wiki page. As such, in the case of any discrepancies between the terms described here and terms and conditions in our EULA, the relevant terms in the EULA shall prevail.

Section 14 of the EULA states as follows. Please note that any references to “Game” includes any Frictional Games’ games, any tools and/or related software, services and websites:

14 Disclaimers and limitations of liability

THE GAME IS PROVIDED BY FRICTIONAL GAMES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRICTIONAL GAMES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FRICTIONAL GAMES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF FRICTIONAL GAMES, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH FRICTIONAL GAMES PROVIDE RULES FOR USER CONDUCT AND POSTINGS, FRICTIONAL GAMES DO NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT USERS POST, UPLOAD, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. FRICTIONAL GAMES IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.

FRICTIONAL GAMES TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CREATED CONTENT, AS DEFINED IN SECTION 19, THAT YOU OR ANY OTHER USERS OR THIRD PARTIES SHARE OR ACCESS WHEN USING THE GAME. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CREATED CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITABLE FOR YOU AND/OR YOUR PURPOSE AND YOU AGREE THAT FRICTIONAL GAMES WILL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF SUCH USER CREATED CONTENT.

THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF FRICTIONAL GAMES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FRICTIONAL GAMES, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “FRICTIONAL GAMES” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM FRICTIONAL GAMES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FRICTIONAL GAMES’ RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. FRICTIONAL GAMES TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FRICTIONAL GAMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRICTIONAL GAMES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.

Section 19 of the EULA states as follows. Please note that any references to “Game” includes any Frictional Games’ games, any tools and/or related software, services and websites:

19 User Created Content and Intellectual Property

A) User Intellectual Property. By using the Game and tools and/or software related to the Game you may create certain content such as playable levels, in-game items, stories, forum-posts, usernames, modifications and/or other related content (“User Created Content”). Except for the Frictional Games Content contained therein, any intellectual property right and title to such User Created Content will remain, and where applicable, will become your intellectual property created and submitted by you for use in the Game (“User Intellectual Property”).

B) Frictional Games License to User Intellectual Property. By creating, submitting for publishing, uploading and/or publishing any User Created Content in or in conntection with the Game and/or related websites You agree that Frictional Games will be given an irrevocable, sub-licensable, assignable, perpetual, worldwide, paid in full, royalty free license and right to use, utilize, perform, reproduce, incorporate in to the Game, modify, edit, public perform and display, distribute and make derivative works of Your User Created Content and any User Intellectual Property contained therein, separately or as part of any other materials of any kind of nature, for commercial and/or non-commercial use, in any and all media now known or hereafter devised.

C) Guidelines for User Created Content. User Created Content must comply with all applicable laws as well as guidelines, terms and conditions as astated in this End User License Agreement and requirements as may be notified to You by Frictional Games from time to time and must not contain any content (including, by way of example and not limitation language, sounds, images, designs, patterns, layouts and levels etc.) that includes, is or can be construed to be: (i) graphic depictions of gratuitous or excessive violence; (ii) sexually explicit, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially and/or ethnically charged; (iii) depicting or promoting intoxication or substance abuse; (iv) depicting or promoting negative racial, ethnic, gender, political or religious stereotypes; (v) making negative or disrespectful use of religious symbolism; or (vi) reflecting adversely on the name, reputation, or goodwill of Frictional Games, its partners, the platform etc.

D) Protection of Third Party Rights. You will be fully responsible for Your User Created Content and represent that any content you post, submit, upload, publish etc. through the Game or in connection with the game or any related websites does not infringe on any third party Intellectual Property Rights or other rights under applicable laws (including such rights as privacy rights etc.). It is your responsibility to make sure that no copyright protected material owned or controlled by third parties is inserted into Your User Created Content without the prior written consent of such third party and that no open source software is contained or uploaded therein.

E) End User Warranties for User Created Content and User Intellectual Property. By creating, posting, uploading, submitting for publishing and/or publishing any User Created Content in or in conntection with the Game You represent and warrant that: (i) You have all the necessary rights to grant the licenses contained herein; (ii) there is no suit, action, claim, or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Created Content, or any part thereof, or which might in anyway impair the rights granted by You herein; (iii) You have not made the User Created Content to be deliberately offensive or objectionable and that it complies with this End User License Agreement, Frictional Games’ from time to time applicable Guidelines for User Created Content as well as applicable laws; and (iv) You will indemnify and hold harmless Frictional Games for all damages, costs and expenses incurred for breaching these warranties.

F) Penalties and Actions. Frictional Games may at any time, in its sole discretion, without prior notice delete, remove, or otherwise disable access to, any of Your User Created Content if Frictional Games believes the content is infringing someone else’s Intellectual Property Rights or otherwise infringes this End User License Agreement, Guidelines for User Created Content, Your warranties and representations under this Agreement, or applicabe laws. If You believe Frictional Games has removed such content by mistake, you may notify Frictional Games at support@frictionalgames.com and Frictional Games may, but has no obligation to, provide You with an opportunity to appeal that decision. If you infringe in any third party Intellectual Property Rights, Frictional Games may or will disable or terminate Your account and take such action as we deem appropriate.

G) Storage of Deleted User Created Content. Following the deletion of User Created Content, either by You or by Frictional Games, Frictional Games will store the deleted User Created Content for a minimum time of one month on Frictional Games’ servers before complete deletion. In the case that the User Created Content was deleted by You and You change Your mind, You may request Frictional Games to restore Your deleted User Created Content. Any personal data stored or handled in connection with the storage of deleted User Created Content will be according to our Privacy Policy. You hereby acknowledge, accept and agree to such storage of User Created Content.

For further information we refer you to our EULA and Privacy Policy.