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TERMS OF USE FOR THE GAMES

Effective Date: February 01, 2024

1.             Acceptance of these Terms of Use

  • These Terms of Use, along with any referenced documents (collectively referred to as “Terms of Use”), constitute an agreement between you and Castle of Blackwater B.V., a limited liability company based in the Netherlands (“Castle of Blackwater,” “we,” “us,” and similar terms). These Terms of Use apply to your engagement with the video games that we publish and distribute. 
  • IT IS CRUCIAL THAT YOU READ THESE TERMS OF USE THOROUGHLY AS THEY CONTAIN SIGNIFICANT INFORMATION ABOUT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND THE LIMITATIONS AND EXCLUSIONS THAT MAY AFFECT YOU. BY ENGAGING WITH ANY OF OUR GAMES, YOU ARE AGREEING TO THESE TERMS OF USE AND ACKNOWLEDGING OUR PRIVACY PRACTICES AS OUTLINED IN OUR PRIVACY POLICY (AVAILABLE AT HTTPS://CASTLEOFBLACKWATER.COM/PRIVACY-POLICY), WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR THE PRIVACY PRACTICES DESCRIBED IN THE PRIVACY POLICY, PLEASE REFRAIN FROM USING ANY OF OUR GAMES. 
  • To consent to these Terms of Use, you must (a) be at least 18 years old or have the approval of your parent or guardian to agree to these Terms, and (b) possess the legal capacity to form a binding contract with us and not be prohibited from doing so under any applicable laws.

2.             Privacy Policy

  • All personal data gathered via the Games falls under the scope of our Privacy Policy. Should you have any inquiries regarding our methods of collecting, utilizing, safeguarding, storing, disclosing, and processing your personal information, please feel free to reach out to us.

3.             Accounts for the Games

  • It is essential that you supply up-to-date and accurate details as needed for registration and ongoing use of the Games. The responsibility for keeping your account information for the Games confidential rests with you. 
  • In the event of any security breach concerning the Games, such as unauthorized access to your account, you must inform us immediately. To aid in securing your account, we recommend signing out after each session.

4.             In-Game Purchases

  • By proceeding with any purchases within the Game, you acknowledge and agree to the terms and conditions and/or End User License Agreement (EULA) of the respective app store (such as Google Play Store, iOS App Store, or Steam Store) where you downloaded the Game. All communications regarding these in-Game purchases, including refund requests, should be directed to the relevant app store.

5.             Intellectual Property Rights

  • Every element of the Games, including but not limited to, creative works (such as trailers, images, sounds, etc.), trademarks, features, functionalities, and other intellectual property found in, forming part of, or underlying the Games (together referred to as “Castle of Blackwater IP”), is the property of Castle of Blackwater, its licensors, or other material providers. These elements are safeguarded by international laws covering copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights. 
  • ©2024 Castle of Blackwater LLC. The Castle of Blackwater™ name, along with all associated logos, product and service names, designs, and slogans, are trademarks belonging to Castle of Blackwater or its affiliates or licensors. Usage of these marks is not permitted without prior written consent from Castle of Blackwater, which retains all rights. Any other names, logos, product and service names, designs, and slogans featured in the Game are trademarks of their respective owners.

6.             Feedback

  • Should you choose to offer us Feedback, you acknowledge that all rights to this Feedback will belong to Castle of Blackwater. By providing Feedback, you are assigning to Castle of Blackwater any intellectual property rights you may hold in that Feedback. Castle of Blackwater is entitled to freely use, disclose, reproduce, license, distribute, and otherwise exploit this Feedback without any royalties or obligations, free from any intellectual property rights claims or other restrictions. Here, “Feedback” refers to any suggestions, ideas, or recommendations you provide to Castle of Blackwater concerning the Games.

7.             Limited License to Use the Games

  • These Terms of Use grant you the right to engage with the Games and access the content within them solely for personal, non-commercial purposes. Additionally, your usage of the Games might be governed by an end-user license agreement or other written agreements (“EULA”). In cases where there is a discrepancy or inconsistency between these Terms of Use and any EULA, the EULA will prevail. This paragraph grants you a non-exclusive, non-transferable, non-sublicensable, and limited license to use one copy of each Game for personal, non-commercial gameplay. This license is only extended to individuals who have lawfully acquired access to a Game, either through purchase or via one of our authorized third-party distributors, and is subject to any relevant EULA and other binding commitments. You are prohibited from reproducing, distributing, altering, creating derivative works from, publicly displaying, performing, republishing, downloading, storing, or transmitting any materials included in the Games. You are also forbidden from using any part of the Games or their accessible materials for commercial purposes. No rights, titles, or interests in the Games or their content are transferred to you, and all rights not explicitly granted are reserved by Castle of Blackwater. Any use of the Games not explicitly authorized by these Terms of Use constitutes a violation of these Terms and may infringe upon copyright, trademark, and other laws.

8.             Limited License to Broadcast Gameplay

  • Castle of Blackwater recognizes the value of a vibrant and engaged user community for the Games. To foster this community spirit, we grant each user (“Broadcasting User”) a limited, revocable, and royalty-free license to broadcast their unique gameplay within the Game, including game sounds and music (“Broadcasted Content”). 
  • In exercising this limited license, you may presume that other users participating in gameplay with you have granted nonexclusive rights for their contributions to be included in your Broadcasted Content, unless or until you are notified otherwise by a user opting out as detailed below. Should a user choose to opt out, our license regarding Broadcasted Content featuring that user is rescinded. 
  • Any user can withdraw their consent for inclusion in Broadcasted Content by sending a written Opt-Out Notice to the Broadcasting User. While not obligated to do so, Castle of Blackwater may issue Opt-Out Notices on behalf of users in specific instances. Once a Broadcasting User receives an Opt-Out Notice, they are required to promptly delete the Broadcasted Content or modify it to exclude the opting-out user(s). Castle of Blackwater does not bear responsibility for ensuring adherence to these requirements.
  • The aforementioned limited license is contingent upon the following conditions: 
  • (a) Broadcasting Users are permitted to create and share Broadcasted Content on their own websites or other platforms, provided that the Broadcasted Content is accessible to all viewers free of charge. 
  • (b) Examples of permissible Broadcasted Content include, but are not limited to, let’s play videos, walkthroughs, speedruns, tutorials, reviews, reaction videos, instructional content, and other formats that include your commentary. 
  • (c) The Broadcasted Content must adhere strictly to these Terms of Use, any relevant EULA, and the Privacy Policy. 
  • (d) Broadcasting Users are prohibited from revealing any content related to the Games that is unofficial, unauthorized, or leaked. 
  • (e) Broadcasting Users are not allowed to use Broadcasted Content for direct financial gain or other monetary benefits, except through partner programs and/or advertising, as long as the Broadcasted Content remains freely available to the public. 
  • (f) Broadcasting Users bear all responsibility for ensuring that their Broadcasted Content, including any monetization thereof, complies with all relevant laws, terms of use, policies, rules, and guidelines. 
  • (g) Castle of Blackwater reserves the right to withdraw a Broadcasting User’s license to broadcast the Broadcasted Content at any time, for any reason or no reason, without prior notice.

9.         Fan Content

  • “Fan Content” refers to any fan-generated art, including but not limited to drawings, photographs, videos, and other creative materials, that are inspired by or derived from Castle of Blackwater IP. You are welcome to produce Fan Content as long as it adheres to these Terms of Use and our Fan Content Policy & IP Guidelines. The creation of any Fan Content that contravenes these Terms of Use or our Fan Content Policy & IP Guidelines is strictly forbidden. Castle of Blackwater reserves the right, at its sole discretion, to withdraw your authorization to create Fan Content at any time and for any reason. More information regarding the fan content policy can be found here: https://www.castleofblackwater.com/fan-creation-policy

10.         Prohibited Uses

  • You are permitted to use the Games solely for legitimate purposes and in line with these Terms of Use. In addition to the obligations mentioned earlier, you are also agreeing not to: 
  • (a) Utilize the Games in a manner that breaches any applicable laws, exploits or harms individuals, sends unsolicited promotional materials, or falsely represents yourself as Castle of Blackwater or any other entity. 
  • (b) Employ the Games to share or link to content that is slanderous, offensive, hateful, threatening, spam-like, inappropriate, contains sensitive personal data of others, infringes on copyright, promotes illegal activities, or violates any laws. 
  • (c) Use the Games in a way that infringes on others’ legal rights, including privacy, publicity, and intellectual property rights, such as by gathering or storing personal information from the Games without explicit consent. 
  • (d) Remove or alter any copyright, trademark, or other proprietary rights notices included in or on the Games. 
  • (e) Disrupt, overload, damage, or impair the Games, or attempt to do so, or interfere with others’ use of the Games. 
  • (f) Engage in any behavior that disrupts others’ enjoyment of the Games or could, in our judgment, harm Castle of Blackwater. 
  • (g) Cheat in any form, including unauthorized access to the Games, using multiple accounts for the same Game, account sharing, manipulating device location, altering age information in any Game, or selling or trading accounts. 
  • (h) Use any automated or manual methods like robots or spiders to access the Games for any purpose, including duplicating any material from the Games. 
  • (i) Modify, adapt, translate, or reverse engineer any part of the Games. 
  • (j) Use any device or software that disrupts the Games’ proper functioning. 
  • (k) Introduce viruses, Trojan horses, worms, logic bombs, or other harmful or technologically destructive material.
  • (l) Refrain from attempting unauthorized access to, or causing disruption to, any part of the Games, including servers where the Games are hosted, or any connected servers, computers, or databases. 
  • (m) Avoid launching denial-of-service or distributed denial-of-service attacks against the Games. 
  • (n) Desist from any actions that could hinder the proper functioning of the Games. 
  • (o) Do not encourage or assist anyone else in engaging in any of the above activities. 
  • Additionally, to ensure the Games remain a secure and welcoming environment for all users, you agree to report any users suspected of violating these prohibitions by contacting us at [email protected].
  • While Castle of Blackwater is not required to monitor access or usage of the Games, we reserve the right to do so for managing, updating, ensuring adherence to these Terms of Use, and complying with legal or other requirements. We retain the discretion to remove, disable, or suspend access to the Games for any user at any time without notice, particularly if we deem any user’s activities objectionable or in breach of these Terms of Use. We are committed to investigating any potential violations of these Terms of Use or behavior that impacts the Games, and this may involve working with law enforcement authorities in cases of legal violations.

11.         Reliance on Information Posted

  • We do not guarantee the precision, thoroughness, or utility of the information provided through the Games. Your dependence on such information is entirely at your own discretion and risk. We hereby absolve ourselves of any liability or responsibility stemming from your reliance on such materials, or that of any other user of the Games, as well as anyone who might be informed of the Games’ contents.

12.         Links to and from the Games

  • You are permitted to create links to our Games, as long as your actions are fair, lawful, and do not harm or exploit our reputation. However, you should not imply any form of association, endorsement, or approval from us in establishing such links.
  • Please note that the Games may include links to third-party sites and resources for your convenience. We do not exercise any control over the content of these external sites or resources and therefore do not assume responsibility for them. We are not liable for any potential loss or damage that may result from your interaction with these third-party sites.

13.         Updates and Changes to the Games and Unavailability of the Games

  • We retain the authority to unilaterally withdraw or alter the Games without prior notice. We shall not be held responsible if, for any reason, any portion or the entirety of the Games becomes temporarily or permanently inaccessible at any given time. Additionally, we are not obligated to provide support for previous versions of the Games once updates, upgrades, or additional features become available.

14.         Termination

  • We reserve the right to discontinue your access to and utilization of the Games at our exclusive discretion, without the need for prior notification. In the event of Game termination, the following sections will remain in effect: Sections 5, 6, 11, 12, 15, 16, 17, 20, 21, and 22.

15.         DISCLAIMER OF WARRANTIES

  • AT YOUR SOLE RISK, YOU ACKNOWLEDGE THAT YOUR UTILIZATION OF THE GAMES IS CONDITIONED ON THESE TERMS. CASTLE OF BLACKWATER PROVIDES THE GAMES, ALONG WITH ANY SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS ACCESSED THROUGH THE GAMES, ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CASTLE OF BLACKWATER RENOUNCES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, CASTLE OF BLACKWATER, AS WELL AS ITS AFFILIATES, DOES NOT MAKE REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, ERROR-FREE NATURE, OR UNINTERRUPTED AVAILABILITY OF THE GAMES, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS FOUND WITHIN THE GAMES, OR ELECTRONIC COMMUNICATIONS TRANSMITTED FROM CASTLE OF BLACKWATER REGARDING THE GAMES. WE DO NOT WARRANT THAT DEFECTS WILL BE RECTIFIED OR THAT THE GAMES OR THEIR HOSTING SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.
  • CASTLE OF BLACKWATER’S DISCLAIMERS DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.

16.         LIMITATION OF LIABILITY

  • TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CASTLE OF BLACKWATER, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, ALONG WITH THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE ARISING OUT OF OR RELATED TO (A) THESE TERMS OF USE OR (B) YOUR USE OF OR INABILITY TO USE THE GAMES OR THEIR CONTENT. THIS INCLUDES DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA. WHETHER SUCH DAMAGES ARISE FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE. 
  • THE ABOVE LIMITATIONS SHALL NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 
  • UNDER NO CIRCUMSTANCES SHALL CASTLE OF BLACKWATER’S TOTAL LIABILITY ARISING FROM (A) THESE TERMS OF USE OR (B) YOUR USE OF OR INABILITY TO USE THE GAMES OR THEIR CONTENT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). IT IS ACKNOWLEDGED THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES DETAILED ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN CASTLE OF BLACKWATER AND YOU.

17.         Indemnification

  • You shall undertake to defend, indemnify, and keep Castle of Blackwater, its affiliates, licensors, service providers, and their respective members, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that may arise due to or be associated with your breach of these Terms of Use or your utilization of the Games.

18.         Epic Games Users

  • In the event that you have installed the Game through the Epic Games Store, you must be aware of the following supplementary terms: Epic Games explicitly disclaims any representations, warranties, conditions, and liabilities pertaining to any and all materials and information provided by Epic Games for the Games, including the SDK, developer portal, and the data of its end-users.

19.         iOS Users

  • If you have installed the Game through the iOS App Store, please take note of the following additional terms: 
  • (a) Both you and Innersloth acknowledge that these Terms of Use are not an agreement with Apple, and Apple bears no responsibility for the Game or its content.
  • (b) You must not use the Game in a way that violates or contradicts Apple’s usage rules or the terms of the iOS App Store (collectively referred to as the “Apple Terms”). 
  • (c) Your license to use the Game is limited to a non-transferable license to use the Game on an iOS product that you own or control, as allowed by the Apple Terms.
  • (d) You acknowledge that Apple has no obligation to provide any maintenance or support services for the Game. 
  • (e) You acknowledge that Apple is not responsible for any product or software warranties, whether explicitly stated or implied by law. In the event of a failure of the Game to meet any applicable warranty, you may notify Apple through the methods specified in the iOS App Store, and Apple will refund the purchase price for the Game, if any. To the maximum extent allowed by applicable law, Apple will have no other warranty obligations concerning the Game and will not be liable for any other claims, losses, liabilities, damages, costs, or expenses related to any warranty failure that cannot be disclaimed under applicable law. 
  • (f) Both you and Castle of Blackwater acknowledge that Castle of Blackwater is solely responsible for handling any claims made by you or any third-party regarding the Game or your ownership or use of the Game. This includes product liability claims, claims asserting that the Game fails to meet any relevant legal or regulatory requirements, and claims arising under consumer protection or similar laws. In the event of a third-party claim alleging that the Game or your possession or use of the Game infringes their intellectual property rights, Innersloth, not Apple, is solely responsible for investigating, defending, settling, and discharging such claims of intellectual property infringement.
  • (g) You confirm and guarantee that you are not residing in any country subject to a U.S. government embargo or designated by the U.S. Government as a “terrorist supporting” country. Furthermore, you are not listed on any U.S. Government roster of prohibited or restricted entities, and you are not residing in any other country or jurisdiction where applicable law would forbid you from using the Game. 
  • (h) You must adhere to all relevant third-party terms while utilizing the Game. 
  • (i) Both you and Innersloth recognize and consent that Apple and its subsidiaries are third-party beneficiaries of these Terms of Use. Apple possesses the right to enforce these Terms of Use against you as a third-party beneficiary.

20.         Governing Law and Jurisdiction

  • All matters pertaining to the Games and these Terms of Use, as well as any associated dispute or claim, shall be governed by and interpreted in accordance with the internal laws of the State of Washington, without applying any choice or conflict of law provision or regulation. 
  • Any legal action, lawsuit, or proceeding arising from or related to these Terms of Use or the Games must be exclusively initiated in the federal courts situated in Den Bosch, Noord-Brabant, Netherlands. You renounce any and all objections to the exercise of jurisdiction over you by such courts and to legal proceedings in such courts.

21.         Waiver and Severability

  • No omission or failure by Castle of Blackwater to enforce any term or condition specified in these Terms of Use shall be considered as a permanent or ongoing waiver of that particular term or condition or as a waiver of any other term or condition. Additionally, any lapse on the part of Castle of Blackwater to assert a right or provision outlined in these Terms of Use shall not signify a waiver of said right or provision. If a court or another authoritative body with jurisdiction deems any provision of these Terms of Use as invalid, illegal, or unenforceable for any reason, that specific provision shall be removed or restricted to the minimal extent required, ensuring that the remaining provisions of these Terms of Use remain fully valid and enforceable.

22.         Entire Agreement

  • These Terms of Use, in conjunction with our Privacy Policy, Fan Content Policy & IP Guidelines, and the applicable Game’s EULA, if applicable, constitute the exclusive and comprehensive agreement between you and Castle of Blackwater concerning the Games. They replace all previous and concurrent understandings, contracts, representations, and warranties, whether written or oral, pertaining to the subject matter discussed herein.

23.         Changes to these Terms of Use

  • We reserve the right to modify and update these Terms of Use at our discretion. All alterations become effective immediately upon publication. By continuing to utilize our Games after we have posted revised Terms of Use, you indicate your acceptance and agreement to these changes. It is your responsibility to periodically review this page to stay informed of any modifications

24.         Your Comments and Concerns

  • If you have any questions about the Games or these Terms of Use, please contact us at [email protected]