Terms and Conditions

By Jan | July 21, 2014

Terms, Conditions and Policies

Okay, this may not be the most interesting document to read but we would like to ask you to read them carefully as it is very important for Boundless and you as a user.

Boundless is still in development so there may be some times where it temporarily stops working. However, the upside is that as we are allowing you to play the game whilst it is being developed, there will be opportunities to create and influence the game content to help shape the future of Boundless.

To make sure we all work together effectively and harmoniously to create the best gaming experience for Boundless, we need to go through this legal stuff to set some rules.

Unfortunately, there is a bit of reading as it is important to protect users of Boundless and make sure we can continue developing the game.

Terms and Conditions: This set out what you can and cannot do when you use the website operated by us which includes, playboundless.com, ga.me and all sub-domains. These will be referred as the “Sites”.

Privacy Policy: We respect your privacy and are committed to protecting the Personal Information that you may provide us while using our Sites. Your use of the Site is subject to your agreement to the terms of this privacy policy (“Privacy Policy”) and our Terms of Use.

Boundless EULA: To access our Sites, register and play Boundless, you must accept the Boundless EULA (End Users’ License Agreement). This includes access and use of Boundless forum.

Boundless Terms and Conditions: These terms and conditions are specific to the GAME, Boundless..

Boundless License Agreement

The following end user license terms and conditions (“EULA”) apply to all access and use of each version and iteration of Boundless (“the Game”) whilst in development, from “pre-alpha” through to “final”, as made available by Monumental, LLC in addition to the Site terms.

YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE ACCESSING AND USING THE GAME. ALL USE OF GAME IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA AND THE TERMS AND CONDITIONS OF THE WEBSITE. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE GAME EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.
YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:

THE GAME IS MADE AVAILABLE “AS IS” AS WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS;
THE GAME MAY (AND LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS;
THE GAME MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS;
YOU USE AND ACCESS THE GAME AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.

YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME

1. Limited Use License.
On and subject to the terms of the EULA, Monumental, LLC hereby grants and by accessing and using the Game you accept a limited, non-exclusive, non-transferable, personal right and license to use the Game for your personal, non-commercial use on any number of computers and, in the case of the version of the Game, identified as the pre-Alpha for evaluation purposes only.

2. Restrictions.
You are not entitled to and must not:

sell, distribute or otherwise transfer copies or reproductions of the Game to other parties in any way;
remove, disable or circumvent any proprietary notices, labels within the Game;
exploit the Game or any of its parts for any commercial purpose including, but not limited to, the use the Game for any illegal or immoral purposes;
export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
create data or executable programs which mimic data or functionality in the Game except in the case of Permitted Modding;
otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by the EULA or in any manner which is inconsistent with the EULA ;
EXCEPT IN THE EVENT AND TO THE EXTENT THAT YOU ARE EXPRESSLY AUTHORISED TO DO SO UNDER THE TERMS APPLICABLE TO YOU in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of Monumental, LLC on creation.
Monumental, LLC allows you to make modifications to the Game software for the purpose of making mods and tools for the Game (“Mods”) provided you don’t sell them for money or try to make money from them (“Permitted Modding”). If you want to make your Mods available to the Game community please let Monumental, LLC know. Any Mods you create from scratch belong to you but any Mods that use Monumental, LLC code or assets will belong to Monumental, LLC.

3. Ownership.
The Game is licensed, not sold. Your license confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Monumental, LLC or its licensors. The Game is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Game may contain certain licensed materials and Monumental, LLC licensors may act to protect their rights in the event of any breach of the Boundless EULA. All trade marks are the property of their respective owners.

4. Termination.
The EULA and any license granted by it is effective until terminated. You may terminate the EULA at any time by emailing us at support@playboundless.com to terminate your account. The EULA and any license granted by it will terminate automatically if you fail to abide by any of the terms and conditions. Monumental, LLC may additionally, at its discretion, give you notice of termination of the EULA and any license granted by it in the event that it becomes aware that you are failing to comply with the terms and conditions of it.

5. Limited Warranty and Liability
The Game is supplied “as is” and Monumental, LLC gives no representation or warranty concerning it.
You expressly accept and acknowledge that the Game is not a finished product and will likely contain defects in material and workmanship and that accessing and using and the Game may damage your computer and any data or software stored or held on it. Your use of the Game is entirely at your own risk and Monumental, LLC is not liable for any destruction of data or damage to your computer.
You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as Monumental, LLC has no liability for lost or corrupted data.
EXCEPT AS SPECIFICALLY PROVIDED IN THE EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Monumental, LLC EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
THE GAME IS PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT;
Monumental, LLC DOES NOT WARRANT THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
YOU INSTALL AND USE THE GAME AT YOUR OWN RISK ;
Monumental, LLC AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
Monumental, LLC AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS;
Monumental, LLC AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY Monumental, LLC OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF Monumental, LLC AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.
THE EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY ARISING CAUSED BY Monumental, LLC’S NEGLIGENCE.

6. Indemnity.
You must adhere the terms of this EULA and not do anything that infringes the rights of anyone else or do anything in breach of EULA which may give a person a claim against Monumental, LLC. If you breach the EULA, and Monumental, LLC get challenged, threatened or sued by someone because of it, Monumental, LLC may hold you responsible and that means you may have to pay Monumental, LLC back for any damage we suffer as a result. Therefore it’s important that you comply with the EULA.
You further agree that Monumental, LLC would be irreparably damaged if the terms of the EULA were not specifically enforced, and therefore you agree that Monumental, LLC shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the EULA , in addition to such other remedies as Monumental, LLC may otherwise have available to it under applicable laws.
Monumental, LLC’s licensors shall be third-party beneficiaries under the Site EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

7. Data Collection and Feedback
The Game includes automatic feedback software which, when installed on your computer, may collect and sends data to and from Monumental, LLC concerning your use of the Game including, without limitation:

your computer’s specification and IP address;
any bugs, errors or defects in the operation of the Game which are detected;
feedback on your use of the Game; and
the performance of the Game on your computer.

All data collected will be processed accordance with the policy contained in the terms of the EULA.
If you do not want your computer to send this data to Monumental, LLC please do not use the Game.

8. General
In the event that any provision of the EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of the EULA shall remain in full force and effect.

To the maximum extent permitted by the local law applicable in the country in which you obtain or use it the Game and the EULA are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Game local law will apply. The Game is intended for use and may only be used in countries where all such use is lawful.
The terms of the EULA is personal to you and you are not permitted to transfer any of your rights under the EULA.
The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.

Contact Information: Email: support@turbulenz.com

Additional Terms and Conditions for Boundless:

1. OWNERSHIP OF USER CONTENT
Monumental, LLC owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in the Game (including Game-related Virtual Items, if any) and through the Service. You agree that you have no right or title in or to any such content, including without limitation any other attributes associated with any Account or stored on the Service.

Any and all content that you create within the world of Boundless and on the Site (collectively, “User Content”) shall be deemed, and shall remain, the property of Monumental, LLC and/or its third party providers from the moment of creation. Accordingly, you hereby grant Monumental, LLC a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity). To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.

2. NO OWNERSHIP RIGHTS IN ACCOUNT
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE Monumental, LLC PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Monumental, LLC. Monumental, LLC does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.

3. ACCOUNT SUSPENSION/DELETION
Monumental, LLC MAY SUSPEND, MODIFY, TERMINATE OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Monumental, LLC for any type of abuse, including without limitation a violation of these Terms of Use or a Game EULA, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or any applicable Game EULA.

4. CONTENT SCREENING AND DISCLOSURE
Monumental, LLC does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation Live Feed text) when you are on the Site, playing a Game or using the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation Live Feed text communications. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION Live Feed TEXT, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect Monumental, LLC’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

5. RULES RELATED TO “Live Feed” AND INTERACTION WITH OTHER USERS
Communicating on the Site, in a Game or through the Service with other users and Monumental, LLC representatives, whether by text, or any other method, (collectively, “Live Feed”) is an integral part of the Game and the Service.
You understand that, by using the Live Feed features, you may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that you might find objectionable. You understand that any content sent or appearing through a Live Feed feature is the sole responsibility of the individual(s) transmitting such content. This means that you, and not Monumental, LLC, are entirely responsible for all content that you transmit. Under no circumstances will Monumental, LLC or its third party providers be liable for any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any content, including User Content.
When engaging in Live Feed, you may not:

Transmit or post any content or language which, in the sole and absolute discretion of Monumental, LLC, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
Carry out any action with a disruptive effect, such as intentionally causing the Live Feed screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Live Feed;
Disrupt the normal flow of dialogue in Live Feed or otherwise act in a manner that negatively affects other users, including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Game universe;
Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Live Feed area, including without limitation continuous advertisements to sell goods or services;
Communicate or post any user’s personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game or the Site;
Impersonate any real person, including without limitation any “game master” or any other Turbulenz Limited agent or employee, nor may you communicate in the Game, or on the Site or Service in any way designed to make others believe that your message constitutes a Server message or was otherwise posted by any Monumental, LLC agent or employee.

6. RULES RELATED TO “In-game Content”.
Creating contents such as castles, dungeons, statues, etc. in the Game or through the Service with other users and Monumental, LLC representatives, (collectively, “In-game Content”) is another integral part of the Game and the Service.
As the Game is online and all the In-game content created within the game are made accessible to the public, please think carefully before making any content available in the Game. Here are a list of rules all users of the Site and Game must follow. Not abiding to these rule could not only get your in-game contents removed from the Game but also get you banned from the Site and Game.

The In-game Content created must be:

not be offensive to people;
not be illegal or unlawful;
be honest and not mislead, trick or exploit anyone else nor impersonate others;
not infringe anyone’s copyright or other rights;
not be racist, sexist or homophobic;
not be bullying or trolling;
not damage our or another person’s reputation;
not include pornography;
not include advertising.

Also by using the Site and Game, you agree that:

Will not make any content available using the Game that infringes the rights of anyone else.
You are responsible for all content that is made available by you using the Game.

Contact Information: Email: support@playboundless.com