Terms of use

TERMS OF USE

 

Primal Game Studio Ltd. (“Primal”) provides you access to the website located at www.PrimalGameStudio.com and domain alias www.PrimalGS.com, and all associated sites linked to www.PrimalGameStudio.com by Primal, its subsidiaries and affiliates, including Primal company, product and service sites around the world (collectively, “Site”) and the information and other materials available on and through the Site, subject to your compliance with the terms of use (“Terms of use”) set forth below. If you do not agree with any of the Terms of use, do not use this Site. Your continued use of this Site evidences your agreement to be bound by each of the Terms of use and constitutes a legally binding contract between you and Primal.

The information provided on this Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject to any registration requirement within such jurisdiction or country. You may not use this Site if such use is prohibited by your jurisdiction.

PRIVACY

Please review our Privacy Policy, which also governs your use of the Site.

INTELLECTUAL PROPERTY

All textual, visual, audio, or multimedia content, program code, or any other material and information, including but not limited to text, logos, icons, images, illustrations, user interfaces, any other graphics, sounds, music, videos, films, HTML, XML and other mark-up languages, scripts, software, and the design, structure, layout, arrangement, and expression of the foregoing (collectively, “Content”) contained on the Site are the property of Primal and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Primal or by other parties that have licensed their Content to Primal. Content from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way exploited in whole or in part except that you may download one copy of the Content on any single computer for your personal, non-commercial use, and print one single permanent copy to be used by you for your personal, non-commercial use, provided you keep intact any copyright and other proprietary notices on the Content and do not modify the Content in any way. You must obtain the prior written consent of Primal for any other use of the Content.

Any link to the Site must not portray Primal, its parent, its subsidiaries or its affiliates, or their respective officers, directors, agents, principals, sponsors, employees, and other partners, their products and services in a false, misleading, derogatory, or otherwise offensive manner.

TRADEMARKS

Primal and other Primal marks that may appear on the Site are the service and trademarks of Primal. All other trademarks, service marks and logos used on this Site, with or without attribution are the trademarks, service marks and/or logos of their respective owners. Primal does not grant and is not granting you a license to any of the trademarks, service marks or logos on the Site, whether owned by Primal or third parties.

LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES

This Site contains links to pages on other sites, and those sites may offer products and/or services for sale (“Linked Sites”). You acknowledge and agree that Primal has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites do not constitute an endorsement by Primal of the sponsors of such Linked Sites or the content, products, services, advertising or other materials presented on the Linked Sites. Primal does not author, edit or monitor these pages. You acknowledge and agree that Primal is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on the Linked Sites.

Primal will not be liable for any transactions conducted with third parties or any liabilities or damages arising from the representations or information provided on the Linked Sites. Primal is not and will not be responsible for (1) the terms and conditions of any transactions between you and any third party, (2) any insufficiency of or problems with any third party including their products and services, (3) the quality of services performed by any third party or any other legal liability arising out of or related to the performance of such services, or (4) any content on the third party sites, or the quality of any product sold by any third party or any legal liability arising out of or related to products sold by a third party, including, without limitation, any product liability. In the event that you have a dispute with any third party or any third party’s web site, products and/or services, you release Primal (and its parent, subsidiaries, and affiliates, and their respective officers, directors, agents, principals, sponsors, employees and other partners) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes to the fullest extent permitted by law.

USER CONDUCT AND SUBMISSIONS

In order to access and use the Site, including, but not limited to, any forums, comment boards, or message boards, you agree that you will not use Primal’s name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or “spam”. For the purposes of these Terms of use, “spam” has the meaning generally understood among Internet users.

You may not post, upload, transmit to, or otherwise make available on the Site or the Primal servers any Content (collectively, “Unauthorized Content”) that: (1) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (2) contains any viruses, Trojan horses, keystroke loggers, worms, time bombs, cancelbots, or other malware, disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (5) violates the privacy of individuals, including, but not limited to, other users of the Site, or (6) violates any applicable local, state, national or international law. Although Primal does not pre-screen user submissions in forums, comment boards, message boards or otherwise, Primal and its agents retain the right (but not the obligation) in its sole discretion to refuse, move or remove for any reason any Content available on or submitted to the Site.

You are entirely responsible for all Content you post, upload, transmit to, or otherwise make available on the Site (“User Content”). All User Content is subject to our Unsolicited Content Submission Policy. Please also see our Unsolicited Content Submission Policy.

REPORTING INFRINGEMENTS

Primal respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Primal directly makes available on the Site. However, if you believe any Content on the Site, either posted by Primal or any other party is infringing, please contact Primal at: tou@primalgs.com.

Infringement notices must include the following information so that Primal can locate the Content and properly process the request:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the Content that you claim is infringing is located on the Site
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use of the Content is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Content.

NO WARRANTIES

This Site and all Content in this Site are provided “as is” and all use is at your own risk. Primal disclaims, and you hereby waive, any and all warranties and liabilities of Primal, whether express or implied, arising by operation of law or otherwise, with respect to this Site and any Content in this Site, including, but not limited to any: (a) implied warranty or merchantability or fitness for a particular purpose, (b) implied warranty of non-infringement, and (c) claim in tort (including negligence). Without limiting the foregoing, you acknowledge that Primal does not represent or warrant that this Site will be accessible without interruption or that this Site, any Content in this Site, or the server that makes this Site available are free from errors, defects, design flaws or omissions or from viruses or other harmful components.

LIMITATION OF LIABILITY

In no event will Primal be liable, whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out or in connection with any use of, inability to use or results of use of this Site or any Content in this Site, even if Primal or its representative has been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred United States dollars ($100.00) or its equivalent in local currency (HUF) as applicable.

INDEMNITY

You agree to indemnify and hold Primal and its parent, subsidiaries, affiliates, and their respective officers, directors, agents, principals, sponsors, employees and other partners harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you post, upload, transmit to, or otherwise make available on the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another party.

TERMINATION OF THE SITE

Primal reserves the right to withdraw, suspend or discontinue at any time and from time to time any  Content or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice.

Primal may, in its sole discretion, terminate your use of the Site and your registration with the Site for any reason, including, without limitation, if Primal believes that you have (1) breached these Terms of use; (2) infringed the intellectual property right, right of privacy, or any other right of a third party; (3) provided any information that Primal is unable to verify or authenticate; (4) uploaded or transmitted Unauthorized Content to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of use. You agree that any termination of your access to the Site may be effected without prior notice to you.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS

This Site is controlled and operated by Primal from its office within Hungary. Primal makes no representation that any Content in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any country other than Hungary by Primal.

GOVERNING LAW AND JURISDICTION

These Terms of use shall be governed by and interpreted in accordance with the laws of the State of California, United States of America exclusively without regard to the conflict of law principles. The parties waive any choice of law, jurisdictional or venue defenses otherwise available to them. All disputes arising out of or in connection with the present Terms of use and use of this Site shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply. The Parties agree that the law governing the arbitration shall be the laws of the United States of America exclusively. The number of arbitrators shall be three (3), the place of arbitration shall be Dublin, Ireland; and the language of the arbitration shall be English.

ATTORNEYS’ FEES

The parties expressly agree that in any suit, arbitration or other proceeding arising out of or relating to these Terms of use and use of this Site, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs, including all fees and costs of appeal and enforcement.

SEVERABILITY

Each of the provisions of these Terms of use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisons will remain in full force and effect. If any part of these Terms of use is unenforceable the enforceability of any other part of these Terms of use will not be affected all other clauses will remain in full force and effect. So far as possible where any provision or part of a provision can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, Parties agrees that the provision shall be rectified and interpreted in such a way that closely resembles the original meaning of the provision as is permitted by law.

NO WAIVER

No failure or forbearance on Primal’s part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.

MODIFICATIONS

Primal reserves the right to change or modify these Terms of use at any time. These Terms of use shall not be modified except in writing, as posted on this Site by Primal. Any change or modification made by Primal will be effective immediately upon posting on the Site and your continued use of the Site means that you have accepted any changes or modifications made by Primal. You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms of use refer from us electronically including without limitation by e-mail or by posting notices on this Site.  You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

These Terms of use were last changed and posted on our Site on, July 17, 2018.