THE GAME SOFTWARE IS LICENSED BY US; IT IS NOT SOLD. BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME.

Carbon Games Inc. (“Carbon Games,” “we,” or “us”) is the developer, owner, and operator of the AirMech™ computer game. This End-User License Agreement (this “Agreement”) is an agreement between Carbon Games and you and governs your use of the AirMech™ computer game and all related software, documentation, files, updates, upgrades, and derivative works (collectively, the “Game”). To play the Game, you must (a) read, understand, and agree to this Agreement; (b) read, understand, and agree to the our Terms of Use and Privacy Policy, both of which are incorporated into this Agreement by this reference; and (c) register for a Carbon Games account through the Site. These requirements may change over time as the Game evolves.

PLEASE READ THIS AGREEMENT CAREFULLY. After reading this Agreement, you must click “I Agree” or “Cancel” at the bottom.

• If you click “I Agree,” you will be providing your electronic signature that will affirm that you are at least 18 years of age, you have read this Agreement, and you understand that this Agreement is a legally binding agreement and will apply to your use of the Game.

• If you click “Cancel,” you will be acknowledging that you do not agree to this Agreement, and you will not have access to the Game.

 

1. LIMITED USE LICENSE

If you agree to this Agreement, you may install the Game software onto your computer for the purpose of playing the Game. Subject to your agreement to and continuing compliance with the terms of this Agreement, Carbon Games grants to you a limited, non-exclusive, and non-transferable license to (a) install the Game software on one or more computers owned and controlled by you and (b) use the Game only for your non-commercial entertainment purposes. Any use of the Game is subject to this Agreement.

Except as expressly permitted by Carbon Games, you agree that you will no do any of the following: (a) sell, lease, rent, loan, grant a security interest in, or otherwise transfer the Game to a third party; (b) copy, reproduce, translate, reverse engineer, decompile, derive source code from, disassemble, or create derivative works of, in whole or in part, the Game; (c) modify or cause to be modified any files that are part of the Game in any way; (d) use, or allow or cause any other person or entity to use, the Game for any commercial purpose, except for transactions authorized or conducted by Carbon Games; (e) use any unauthorized third-party programs that interact with the Game in any way, including mods, hacks, cheats, scripts, bots, trainers, or automation programs, or any third-party programs that intercept, emulate, or redirect any communication between the Game and Carbon Games or that collect information about the Game by reading areas of memory used by the Game software to store information about the Game; or (f) remove, alter, or conceal any copyright, trademark, service mark or other notice of Carbon Games contained in the Game.

Any use of the Game in violation of this Agreement will be deemed an infringement by you of the copyrights that Carbon Games has in the Game.

 

2. OWNERSHIP

All title, ownership rights, and intellectual property rights in and to the Game and all copies of the Game (including without limitation any computer code, titles, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, compositions, moral rights, and any related documentation) are owned or licensed by Carbon Games. The Game is protected by the copyright laws of the United States of America, international treaties and conventions, and other laws. You acknowledge and agree that you have no interest whatsoever in any feature or content contained in the Game.

 

3. YOUR REGISTRATION OBLIGATIONS

To access and use the Game, you are required to have a user account. You agree to provide accurate information when establishing and updating your account. You are responsible for maintaining the confidentiality of your password and keeping it secure, and you will be responsible for all usage of your user account and user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name, or password. In addition, you agree that you will never use another user’s account.

We will not be liable for any loss or damage caused by the unauthorized use of your account. However, you may be liable for our losses or the losses of others due to such unauthorized use.

We reserve the right, in our sole discretion, to terminate or suspend your account if we believe, or have been notified by a third party of its belief that, you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Game or to any product or service available through the Game or any Carbon Games website for any reason or no reason, with or without notice. In the event of termination, your account will be disabled, and you will not have access to your account. You should be aware that, if your account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.

 

4. YOUR CONDUCT

By using the Game or any product or service available through the Game or any Carbon Games website, you agree to the following:

(a) You will not provide any content or conduct yourself in any way that may be construed, in the sole discretion of Carbon Games, as unlawful, harmful, offensive, threatening, obscene, objectionable, or otherwise intended to interfere with the use or enjoyment of the Game by others, and you will not provide any content or other information through the Game that is false, inaccurate, misleading, or incomplete.

(b) You will not post any personally identifiable information about any user of the Game, impersonate or misrepresent your association with any person or entity, or forge or otherwise conceal or misrepresent the origin of any content that you provide.

(c) You will not attempt to aggregate or otherwise collect or harvest any information about any user of the Game, and you will not transmit any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot, or other computer programming routines that are intended to damage, interfere with, intercept, mine, scrape, or expropriate any system, data, or personal information relating to the Game.

(d) You will not attempt to disable or circumvent any features of the Game that are designed to limit your access to certain information about users of the Game, and you otherwise will not access or attempt to access areas of the Game or Game servers that have not been made available to the public.

(e) You will not provide, and you will not use the Game to provide, any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce, and you will not use the Game to promote or operate any service or commercial enterprise.

(f) You will not provide any content that may give rise to Carbon Games being held civilly or criminally liable or that may be considered a violation of any law, including without limitation laws relating to copyrights, trademarks, patents, trade secrets, or other proprietary rights.

(g) You will not take or participate in any action that, in the sole discretion of Carbon Games, exploits an undocumented aspect of the Game in order to secure an unfair advantage over other users or defrauds any user.

 

5. AGE REQUIREMENTS

The Game is available only to individuals who are of legal age to form a binding contract. In no event may the Game be used by an individual age 13 or younger. The Game may be used by an individual older than age 13 but younger than age 18 only with express authorization from such individual’s parent or legal guardian. Subject to the laws of your country of residence, individuals older than age 13 but younger than age 18 only may access and use the Game through an account established by their parent or legal guardian with the approval of their parent or legal guardian. If you permit your minor child or legal ward to use your account to play the Game, you agree to this Agreement on behalf of yourself and your minor child or legal ward, and you understand and agree that you will be responsible for all uses of the account by your minor child or legal ward whether or not such uses were authorized by you, including the purchase of items for which we charge a fee.

The Game is operated and maintained by Carbon Games from the United States of America, and Carbon Games does not represent or warrant that the Game is appropriate or available for use in any particular jurisdiction. You choose to access or use the Game on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations.

 

6. UPDATES; PRE-LOADED SOFTWARE

Carbon Games may provide updates to the Game that must be installed for you to continue to play the Game. Each time you launch the Game on your computer, you hereby provide your consent to Carbon Games to remotely install any update to the Game software that resides on your computer, without notice to you.

The media on which the Game software is distributed may contain additional software and content for which you do not have a license (the “Unsubscribed Software”). You understand and agree that Carbon Games may install the Unsubscribed Software onto your computer hard drive during the Game software installation process. You will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, or decompile any Unsubscribed Software, until you receive from Carbon Games a license to use such Unsubscribed Software.

 

7. CONSENT TO MONITORING

When you are using the Game, the Game may monitor your computer’s random access memory (RAM) for unauthorized third-party programs that interact with the Game and are prohibited by this Agreement. If the Game detects such an unauthorized third-party program, the Game may, without notice to you, communicate that information to Carbon Games, including your account information, your internet protocol (IP) address, details about the unauthorized third-party program, and the time and date that the unauthorized third-party program was detected. If the Game detects the use of an unauthorized third-party program, your access to the Game may be terminated.

 

8. PAYMENT FOR THE GAME

The Game generally is free to play. However, we reserve the right to charge fees to use the Game. We offer add-ons, enhancements, premium services, and other merchandise in connection with the Game, and we charge fees for these items. Your purchase of merchandise may be subject to other terms of sale, which will be described to you before you make your purchase.

If you register for a product or service that requires the payment of fees by you, the fees will be paid by you by credit card through a third-party service provider (such as Google, Amazon, or PayPal) upon your registration for such product or service. When you provide credit card information to a third-party service provider, you represent that you are the authorized user of the credit card and that you authorize the charges to your credit card for any purchased items. ALL FEES FOR OUR PRODUCTS AND SERVICES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

If you do not pay for a product or service as required, we will suspend your access to the product or service. If your credit card expires or otherwise declines payment, you will not have access to the product or service. To process your payments, you must provide the third-party service provider with certain personally identifiable information. In addition to this Agreement and our Terms of Use, the payment process will be subject to the terms of use and privacy policy of the applicable third-party service provider. IF YOU DISPUTE ANY CHARGES, YOU MUST RESOLVE THE DISPUTE WITH THE THIRD-PARTY SERVICE PROVIDER - WE WILL NOT REFUND ANY FEES UNDER ANY CIRCUMSTANCES.

You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone else that uses your account, including your family or friends. If your account or a particular subscription is terminated or canceled, no refund will be granted.

We may change our billing methods at any time, and we will provide notice of any such change at least thirty (30) days advance. All changes will be posted as amendments to this Agreement, and you are responsible for reviewing amendments to this Agreement to obtain timely notice of such changes. Your continued use of your account after an amendment has been posted means that you accept such changes contained in the amendment. If any change is unacceptable to you, you should cancel your account and stop playing the Game, but we will not refund or pro rate any fees that may have accrued to your account before you cancel it.

 

9. TERMINATION OF THIS AGREEMENT

This Agreement will be effective until it is terminated. You may terminate this Agreement at any time by (a) permanently destroying all copies of the Game in your possession or control, (b) removing the Game software from your computer hard drive; and (c) notifying Carbon Games of you intent to termination this Agreement. Carbon Games may terminate this Agreement at any time for any reason or no reason. Upon termination of this Agreement, all licenses granted to you will immediately terminate, and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game from your computer hard drive.

 

10. TERMINATION OF THE GAME SERVICE

The Game is an online computer game that must be played over the internet through a service provided by or on behalf of Carbon Games. You understand and agree that Carbon Games, in its sole discretion, may stop providing support for or access to the Game at any time. You also understand and agree that, except as otherwise provided in an agreement between Carbon Games and you, Carbon Games may change, modify, suspend, discontinue, or restrict your access to any feature of the Game at any time without notice or liability to you.

 

11. INDEMNIFICATION

You agree to indemnify and hold harmless Carbon Games and its affiliates and their respective owners, officers, directors, employees, agents, contractors, advertisers, and partners from any claim or demand, including without limitation reasonable attorney fees, that may be asserted or filed by any third party, arising out of or relating to your use of the Game or any product or service available through the Game or any Carbon Games website, your submission or provision of content to the Game or any Carbon Games website, your violation of this Agreement, or any other violation by you of the rights of another person.

 

12. EXPORT CONTROLS

The Game is subject to all applicable export laws and restrictions. The Game may not be re-exported, downloaded, or otherwise exported to (or downloaded or installed by a national or resident of) any country to which the United States has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARBON GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) CARBON GAMES DOES NOT WARRANT THAT (i) THE GAME OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY CARBON GAMES WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE, OR OF ANY QUALITY; (iii) THE QUALITY OF ANY PRODUCT, SERVICE, DATA, OR OTHER INFORMATION PURCHASED, ACCESSED, OR OBTAINED BY YOU THROUGH THE GAME OR ANY CARBON GAMES WEBSITE WILL MEET YOUR EXPECTIONS; OR (iv) ANY ERRORS IN THE GAME OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY CARBON GAMES WEBSITE WILL BE CORRECTED.

(c) IF YOU DOWNLOAD OR OBTAIN ANY CONTENT THROUGH THE GAME OR ANY CARBON GAMES WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

 

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARBON GAMES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CARBON GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR INABILITY TO USE THE GAME OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY CARBON GAMES WEBSITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GAME OR ANY CARBON GAMES WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE GAME OR ANY CARBON GAMES WEBSITE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY CARBON GAMES WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE GAME OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY CARBON GAMES WEBSITE.

Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states or jurisdictions, the liability of Carbon Games will be limited to the fullest extent permitted by applicable law.

 

15. EQUITABLE REMEDIES

You acknowledge and agree that Carbon Games would suffer irreparable damages if this Agreement is not specifically enforced. Therefore, in addition to any monetary and other relief that Carbon Games may recover under applicable law, you agree that Carbon Games will be entitled to specific performance or other injunctive relief, without bond, other security, or proof of actual damages, as a remedy for any breach or threatened breach of this Agreement by you. If any legal or administrative action or proceeding is brought by either party in connection with this Agreement, the prevailing party in such action or proceeding will be entitled to recover from the other party all the costs, reasonable attorney fees, and other expenses incurred by such prevailing party as the result of the action or proceeding.

 

16. CHANGES TO THIS AGREEMENT

Carbon Games may change, revise, or modify this Agreement as the Game and the law evolve. Any such changes, revisions, or modifications will not be applied retroactively. This Agreement immediately will terminate upon your acceptance of a changed, revised, or modified agreement that replaces this Agreement (a “New Agreement”). If you do not accept a New Agreement, your access to the Game may be terminated. If you accept a New Agreement, and if your account remains in good standing, you may continue using the Game subject to the terms of the New Agreement.

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17. GOVERNING LAW; JURISDICTION; FORUM

This Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of Washington, without giving effect to its conflict of laws provisions. You agree that any claim, legal proceeding or litigation arising in connection with your use of the Game or any product or service obtained through the Game or any Carbon Games website will be brought solely in King County, Washington, and you consent to the jurisdiction of the federal and state courts in King County, Washington.

 

18. MISCELLANEOUS PROVISIONS

You may not assign your rights or delegate your obligations under this Agreement without our prior written consent. Unless expressly provided in this Agreement, this Agreement is not intended to benefit, nor will it be deemed to give rise to, any right in any third party. The waiver by us of a breach of any provision of this Agreement will not be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Agreement will remain in full force and effect. You agree that we may provide you with notices, including notices regarding changes to our Terms of Use and Privacy Policy, by email, regular mail, or postings through the Game. Any communication or notice that you provide to us will be provided by email at legal@carbongames.com.

 

19. ENTIRE AGREEMENT

This Agreement (together with our Terms of Use and Privacy Policy, which are understood to be incorporated into this Agreement) constitute the entire agreement between you and Carbon Games and govern your use of the Game, superseding any prior agreements between you and Carbon Games. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other products or services, third-party content, or third-party software. In the event of any inconsistency between this Agreement and the terms and conditions relating to any specific product or service available through the Game or any Carbon Games website, the terms and conditions relating to the specific product or service will control.

Click “I Agree” to provide your electronic signature that affirms that you are at least 18 years of age, you read this Agreement, and you understand that this Agreement, including our Terms of Use and Privacy Policy, are a legally binding agreement and will apply to your use of the Game.

Click “Cancel” to acknowledge that you do not agree to this Agreement.