Difference between revisions of "Frictional Wiki:General disclaimer"

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Welcome to our Frictional Games Wiki and thank you for enjoying our games and wanting to contribute to our community! This Wiki and all its content are governed by our [https://frictionalgames.com/privacy-policy/ Privacy Policy] and End User License Agreements (“EULA”) pertaining to relevant games, which you can find here:
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* [https://frictionalgames.com/privacy-policy/eula-soma/ EULA: SOMA]
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* [https://frictionalgames.com/privacy-policy/eula-amnesia-a-machine-for-pigs/ EULA: Amnesia: A Machine for Pigs]
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* [https://frictionalgames.com/privacy-policy/eula-amnesia-the-dark-descent/ EULA: Amnesia: The Dark Descent]
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* [https://frictionalgames.com/privacy-policy/eula-penumbra-requiem/ EULA: Penumbra: Requiem]
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* [https://frictionalgames.com/privacy-policy/eula-penumbra-black-plague/ EULA: Penumbra: Black Plague]
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* [https://frictionalgames.com/privacy-policy/eula-penumbra-overture/ EULA: Penumbra: Overture]
  
''Suggestions:''
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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, we would like to point your attention to Section 19 of our EULA, as shown below, which, among other terms and agreements of the EULA, regulates content that you create such as mods or guides on this Wiki and the license you grant Frictional Games in relation to such content.
*''Disclose that the wiki and everyone's contributions are public domain/whatever, kinda like here: [[Help:Image_Use_Policy|Image Use Policy]]''
 
*''Link this once its done? [[Frictional_Wiki:Copyrights]]''
 
  
{{warning|Frictional Games Wiki makes no guarantee of validity.}}
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For you as a user of this Wiki 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 is provided by us “AS IS” and that we, Frictional Games, to the fullest extent disclaim all warranties.
  
The Frictional Games Wiki is an online open-content collaborative resource; that is, a voluntary association of individuals and groups working to develop a common resource of the HPL engines. The platform allows anyone to alter its content. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.
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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. 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.
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Section 14 of the EULA states as follows. Please note that any references to “Game” includes any of Frictional Games’ games, tools and/or related software, services and websites:
  
That is not to say that you will not find valuable and accurate information on the Frictional Games Wiki; most of the time you will. However, Frictional Games Wiki cannot guarantee the validity of the information found here. The content of any given article may recently have been changed or vandalized.
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===14 Disclaimers and Limitations of Liability===
  
==No formal peer review==
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''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.''
  
Our active community of editors uses tools such as the [[Special:RecentChanges|Special:RecentChanges]] and [[Special:NewPages|Special:NewPages]] feeds to monitor new and changing content. However, Frictional Games Wiki is not uniformly peer reviewed; while readers may correct errors or engage in casual peer review, they have no legal duty to do so and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever. Even articles that have been vetted by informal peer review or featured article processes may later have been edited inappropriately, just before you view them.
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''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.''
  
'''None of the contributors, sponsors, administrators or anyone else connected with Wikipedia in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.'''
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''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. ''
  
==No contract; limited license==
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''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.''
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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:
  
Please make sure that you understand that the information provided here is being provided freely, and that no kind of agreement or contract is created between you and the owners or users of this site, the owners of the servers upon which it is housed, the individual Frictional Games Wiki contributors, any project administrators, sysops or anyone else who is in any way connected with this project or sister projects subject to your claims against them directly. You are being granted a limited license to copy anything from this site; it does not create or imply any contractual or extracontractual liability on the part of Frictional Games Wiki or any of its agents, members, organizers or other users.
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===19 User Created Content and Intellectual Property===
  
There is no agreement or understanding between you and '''Frictional Games Wiki''' regarding your use or modification of this information beyond the [https://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License Creative Commons Attribution-Sharealike 3.0 Unported License] (CC-BY-SA) and the [https://en.wikipedia.org/wiki/Wikipedia:Text_of_the_GNU_Free_Documentation_License GNU Free Documentation License] (GFDL); neither is anyone at Wikipedia responsible should someone change, edit, modify or remove any information that you may post on Wikipedia or any of its associated projects.
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''A) User Intellectual Property.''
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''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”).''
  
==Trademarks==
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''B) Frictional Games License to User Intellectual Property.''
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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. ''
  
Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited in the articles of the Frictional Games Wiki are the property of their respective owners. Their use here does not imply that you may use them for any purpose other than for the same or a similar informational use as contemplated by the original authors of these Frictional Games Wiki articles under the CC-BY-SA and GFDL licensing schemes. Unless otherwise stated Frictional Games Wiki and Wikimedia sites are neither endorsed by nor affiliated with any of the holders of any such rights and as such Frictional Games Wiki cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.
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''C) Guidelines for User Created Content.  ''
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''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.''
  
==Personality rights==
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''D) Protection of Third Party Rights. ''
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''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. ''
  
Frictional Games Wiki may contain material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to [https://en.wikipedia.org/wiki/Personality_rights personality rights], independent from their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights.
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''E) End User Warranties for User Created Content and User Intellectual Property. ''
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''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.''
  
==Jurisdiction and legality of content==
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''F) Penalties and Actions. ''
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''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.''
  
Publication of information found in Frictional Games Wiki may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The Frictional Games Wiki database is stored on servers in Sweden, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Frictional Games Wiki does not encourage the violation of any laws, and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce or republish the information contained herein.
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''G) Storage of Deleted User Created Content. ''
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''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.''
  
==Not professional advice==
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For further information we refer you to our EULA and [https://frictionalgames.com/privacy-policy/ Privacy Policy].
 
 
If you need specific advice (for example, general game development, game financing and such), please seek a professional who is licensed or knowledgeable in that area.
 
 
 
For questions towards Frictional Games, please use [https://frictionalgames.com/contact-form/ the contact form on the official website].
 
 
 
For questions about privacy, please refer to the Frictional Games [https://frictionalgames.com/privacy-policy/ Privacy Policy].
 

Latest revision as of 18:51, 23 August 2020

Welcome to our Frictional Games Wiki and thank you for enjoying our games and wanting to contribute to our community! This Wiki 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:

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, we would like to point your attention to Section 19 of our EULA, as shown below, which, among other terms and agreements of the EULA, regulates content that you create such as mods or guides on this Wiki and the license you grant Frictional Games in relation to such content.

For you as a user of this Wiki 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 is provided by us “AS IS” and that we, Frictional Games, to the fullest extent disclaim 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. 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 of Frictional Games’ games, 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.