END USER AGREEMENT
Invokers Tournament (the "Game") is an interactive game developed and operated by StormBASIC SL., a Spanish company ("StormBASIC").
BY USING THE GAME YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE GAME.
To ensure you and other users get the best out of the experience you must abide by the following Supplemental Terms which apply in addition to of the Terms of Service and User Agreement for Sony Entertainment Network ("SEN").
1. Limited use License
Subject to your agreement to and continuing compliance with this License Agreement, StormBASIC hereby grants, and you hereby accept, a non-transferable, non-sublicensable, non-exclusive license to use the Game for your noncommercial entertainment purposes.
2. Age Rating
If this Service displays an age rating online or on any associated packaging, it will contain content that is unsuitable for anyone below that age rating. We advise anyone younger than this age not to access the Service.
3. Health Warning
Always play in a well-lit environment. Take regular breaks, 15 minutes every hour. Discontinue playing if you experience dizziness, nausea, fatigue or have a headache.
5. License Agreement
StormBASIC S.L reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective upon your acceptance.
6. Online Stores
Any content purchased in an in-game store will be purchased from Sony Network Entertainment and be subject to Sony Entertainment Network Terms of Service and User Agreement which is available on the PlayStation®Store.
Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game. Stores may not be available in some countries and some languages.
7. Community Tools
7.1 This Service may include community tools, such as the ability to communicate with other users and to post pictures, photographs, videos and other materials and information in community areas ("User Material"). When using these tools, you must comply with the SEN Terms of Service. In particular, do not use offensive or vulgar language, images, or sounds in any forum, profile, publicly viewable area or communication to other users. This includes speech that is racially, ethnically, or religiously offensive, defamation, threats, bullying and stalking. Also, do not use the community tools to access, use or distribute any content or material that you know or should have known to be infringing or pirated, to abuse or harass other users, or to conduct any activities that violate any applicable laws.
7.2 We cannot monitor the whole of this Service and make no commitment to do so. However, we reserve the right in our sole discretion to monitor and record your online activity and communication throughout this Service and to remove any content from the Service at our sole discretion, without further notice to you. Any information collected in this way, including the content of your voice and text communications, the time and location of your activities, and your Online ID and IP address, may be used by us or our affiliated companies to enforce these Supplemental Terms or the SEN Terms of Service, to comply with the law and to protect our rights and those of our licensors and users, and the personal safety of our employees and users. This information may be passed to the police or other appropriate authorities. By accepting these Supplemental Terms, you expressly consent to this.
7.3 We accept no liability to you for the activity of other users in community areas and no liability to others for your activity. If you experience any unacceptable or inappropriate behavior whilst online or wish to report any other breach of the Terms of Service, please let us know at firstname.lastname@example.org.
8. Game Assets, Virtual Items, and Accounts
When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators ("Game Assets") that reside on servers operated by StormBASIC S.L as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You may also utilize our gold coins system to license certain Game Assets that can be used while playing the Game, including, but not limited to, avatars and boosts ("Virtual Items"). You acknowledge and agree that StormBASIC S.L has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. StormBASIC S.L does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by StormBASIC S.L, including without limitation the Game Assets and Virtual Items associated with your Account.
9. Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STORMBASIC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE GAME IS AT YOUR SOLE RISK.
NEITHER STORMBASIC, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE GAME, INCLUDING, WITHOUT LIMITATION, ALL STORMBASIC COMMUNICATION FEATURES.
10. Limitation of Liability
STORMBASIC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, STORMBASIC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS OR USER RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. STORMBASIC SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL STORMBASIC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of STORMBASIC shall be limited to the fullest extent permitted by applicable law.
11. Governing Law
Except as otherwise provided in this License Agreement, this License Agreement shall be governed by, and will be construed under, the laws of Spain, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of Spain. In such an event, those local laws shall affect this License Agreement only to the extent necessary in that jurisdiction, and this License Agreement shall be interpreted to give maximum effect to the terms and conditions in this License Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any European Union, United States or foreign agency or authority relating to the Software and its use. The Software 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 European Union or 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.