Last Updated: 2017 December 12
version 1.2 RC
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS. IT REQUIRES ARBITRATION OF CERTAIN CLAIMS AND DISPUTES, IT INCLUDES A DISCLAIMER OF WARRANTIES, IT CONTAINS LIMITATIONS ON LIABILITY AND IT CONTAINS INDEMNIFICATION OBLIGATIONS.
Thank you for your interest in and welcome to Meteor Cube (the “Game”), the 3D multiplayer game from Code Truck LLC (hereinafter “Code Truck”, “we”, “our”, or “us”). The Game is made up of two parts: 1) the Game’s software program and any related documentation and materials (all together, the “Game Client”); and 2) our proprietary online Game service (the “Game Service”). Your use of the Game Client and the Game Service is subject to the latest updated versions of this End User License Agreement (“EULA”), our Code of Conduct set out below, our Privacy Policy and, if you obtained the Game Client from an online app store, any applicable agreement you have with that app store. Together, this EULA, our Code of Conduct and our Privacy Policy are referred to as the “Agreements”.
To have access to the Game, you must first obtain the Game Client by lawful means. To play the Game, you must run it. By running the Game or by using the Game for any purpose, you will thereby acknowledge your agreement to and acceptance of all of the terms of the Agreements and they shall become effective and binding upon you. If you do not wish to become bound by, or are unable to comply with, the terms of the Agreements, do not run or use the Game, the Game Client or the Game Service because you will have no rights whatever to use them. In addition, if you choose to play a multiplayer game, the Game Client will ask you to choose a game name (hereinafter called a “gamer tag”) that is a nick name for your use in the Game. You agree that your proposed gamer tag will not contain your actual name or any information from which you could be personally identified. By choosing to submit your proposed gamer tag to our Game Service, you will further acknowledge your agreement to and acceptance of all of the terms of the Agreements. If we accept your proposed gamer tag, we may use it to create a gamer tag account and to provide you with a Player ID and Game Code (together, the “Account”) for your use in the Game. You agree to use only the unaltered Player ID and Game Code that we may supply you when you use the Game. Each and every time you run or use the Account, the Game, the Game Client and/or the Game Service you will thereby acknowledge your acceptance of and agreement to all of the terms of the Agreements.
You acknowledge and agree that we have the right to revise and amend any and all of the terms in each and all of the Agreements at any time without notice to you. At the top of each one of the Agreements, we’ll include the date on which their terms were last updated. You agree that you will periodically check our website at www.meteorcube.com to review the latest updated version of the Agreements. Each and every one of your uses of, or attempts to install any update to the the Account, the Game, the Game Client and/or the Game Service shall constitute your acceptance of and agreement to all such latest updated terms in the Agreements and that the terms in prior outdated versions of the Agreements, which were revised in the latest updated version of the Agreements, shall no longer be in force.
Under the Agreements, you are granted a personal, non-exclusive, non-transferrable and temporary license to use the Account, the Game, the Game Client and/or the Game Service for entertainment and testing purposes and only in the manner that is expressly authorized in the Agreements for the period during which the Agreements are effective and binding upon you. You hereby agree and acknowledge that your license under the Agreements authorizes you to access the Game Service only through the use of an authorized and unmodified Game Client. This license shall expire upon the termination of the Agreements as to you. Neither the Account, the Game, the Game Client nor the Game Service are sold to you. Unless expressly provided for in the Agreements, you have no right, title or interest in the Account, the Game, the Game Client and/or the Game Service or their use. You may not use the Account, the Game, the Game Client and/or the Game Service for commercial or business purposes.
Your use of the Game and creation and use of the Account must comply with the following conditions:
1) You must be an adult in the country in which you reside and you must be a “natural person”, that is, corporations, associations, partnerships and other entities that exist by operation of law are not permitted to use the Game or to create an Account;
2) Subject to the laws of the country in which you reside, minor children for whom you are the parent or legal guardian (your “Children”) may use your Account, the Game, the Game Client and/or the Game Service under your supervision. You hereby agree to all of the terms of the Agreements on behalf of yourself and your Children whom you permit to use your Account, the Game, the Game Client and/or the Game Service. You hereby acknowledge and agree that you will be responsible of all uses of the Account, the Game, the Game Client and/or the Game Service by your Children whether or not your Children’s uses were authorized by you;
3) Your gamer tag must not contain your name or any other information that could personally identify you; you agree that we may append an alphanumeric prefix or suffix to your proposed or existing gamer tag in order to make additional unique gamer tags available in the Game; and you agree that we may reject or delete any gamer tag at our sole discretion at any time without notice to you, even after we have accepted a gamer tag, including without limitation gamer tags that display intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identify or suggest the identity of a public figure;
4) You acknowledge that when you use one of our websites, the Account, the Game, the Game Client and/or the Game Service to communicate with us, with players of the Game or with others, you have no expectation of privacy and no rights of ownership in those communications and that we may review, modify, record and/or monitor those communications for any reason at any time at our sole discretion and without notice to you. You also agree and acknowledge that we have no obligation to review, modify, record or monitor any communications in connection with the Game, for instance, we have no obligation to perform real-time, continual or any other type of review, modification, recording or monitoring of such communications. We shall have the right to disclose your communications for any reason at any time at our sole discretion without notice to you, including without limitation to:
5) You acknowledge that you have no right, title or interest whatever in the Account and that we can cancel the Account and delete all information associated with the Account at our sole discretion at any time without notice to you and for any or no reason.
6) You acknowledge that we may terminate your license under the Agreements if you breach or help others to breach the terms of the Agreements or the limitations on your license. You acknowledge and agree that we are under no obligation to enforce the Agreements on your behalf against any other party. Although we encourage you to let us know if you believe any other party has violated the Agreements, we reserve the right to investigate and take appropriate action at our sole discretion. You agree that there are no circumstances under which you will either directly or indirectly, in whole or in part:
In order to use the Account, the Game, the Game Client and/or the Game Service, they will need access to the internet or a broadband, cellular or other data service in order to communicate with the Game Service and Code Truck’s computer servers. You agree that you are responsible for the payment of all costs and related taxes to acquire all needed hardware, software and services, including without limitation all costs and related taxes required for you to access the internet and/or any other data services required to play the Game. We understand that you care about how, and what kind of, information relating to you is collected and used. We promise that information relating to you will only be collected and used in accordance with the latest updated version of the Agreements, which include our Privacy Policy. You acknowledge and agree that the Game, the Game Client and the Game Service incorporates functionality that will enable your computer system to gather and collect information about the operation and execution of the Account, the Game, the Game Client and/or the Game Service including without limitation information about software crashes, errors, bottlenecks, bugs, efficiency, resource utilization and user interaction (“Telemetry Information”). An important purpose of collecting the Telemetry Information is to enable us to make improvements to the Game and to its gameplay. You agree and consent to send such Telemetry Information to us via the internet or other data service as a part of the routine operation of the Account, the Game, the Game Client and/or the Game Service.
In connection with the Game, you may communicate with us or with others relating to the Game (hereafter “User Content”) including without limitation:
1) by using the Game’s in game chat feature and functionality, if available;
2) by use of our websites, by email, by correspondence, by speaking with us or by other means;
3) by sending us Telemetry Information discussed above; or
4) by uploading and displaying content on our websites and/or as part of the Game, including the compilation, arrangement or display of such communications or content.
You hereby grant to us a perpetual, irrevocable, worldwide, fully paid up, transferable, non-exclusive right and license to exploit your User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. We shall have the permanent and unlimited right to copy, duplicate, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice your User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of your User Content or the elements thereof in conjunction with or into any other material. To the extent permitted by applicable laws, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” of paternity, publication, reputation or attribution or any similar law in any country of the world and you hereby waive any moral rights you may have in any User Content. You represent and warrant that your User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure. We may remove any User Content and any related content or elements from the Game or our website at any time, at our sole discretion and without notice to you. You agree that we have no obligation to retain or to provide you with copies of your User Content. You agree that if you use the Account, the Game, the Game Client and/or the Game Service outside of the United States that we may cause your User Content to be transferred to and processed in the United States. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that our right and license to your User Content above shall survive any termination of the Agreements.
We are the owner or licensee of all right, title and interest in the Account, the Game, the Game Client and/or the Game Service and all of their elements, parts and features (our “Property”) and you have no right to sell, lease, rent, auction, transfer, sublicense or grant a security interest, or offer or attempt in any way to do so, any of our Property. If you breach the Agreements, we may enforce our rights against you. To the extent that our Property contains any elements that have been licensed to us by third parties, these third parties may enforce any rights they have against you if you breach the Agreements. We own or license all of the following Property, including without limitation:
1) Computer code, including without limitation source code, compiled code and execution files;
2) All data and communications generated by, or occurring through, the Game Client and/or the Game Service;
3) Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Game;
4) The content appearing within or presented by the Game including without limitation:
5) All sounds, musical compositions, recordings, and sound effects originating in the Game;
6) All recordings, Game replays, or reenactments of in-game matches or battles;
7) All Accounts, that is: all of your use of an Account shall inure to our benefit; we do not permit the transfer of Accounts; you may not purchase, solicit, auction, sell, gift or trade any Account, or offer to do so, and any such attempt shall be void and may result in Account forfeiture and/or termination of the Agreements at our sole discretion and without notice to you;
8) All Moral Rights that relate to the Game, including without limitation the rights of paternity, publication, reputation and attribution, and the right to the integrity of certain original works of authorship;
9) The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Game, except as expressly set forth in this Agreement or otherwise authorized by us; and
10) All trademarks and service marks, including "Meteor Cube" which is our trademark with Registration Number 5,354,120 from the United States Patent and Trademark Office.
We expect the Game and its gameplay to evolve over time and, thus, we reserve the right to alter, revise, amend, patch and update the Game’s gameplay, the Account, the Game, the Game Client and/or the Game Service and all related computer code at any time, at our sole discretion without notice to you. You agree and acknowledge that all such alterations, revisions, amendments, patches and updates to the Game’s gameplay, the Account, the Game, the Game Client and/or the Game Service and all related computer code shall be subject to and governed by the Agreements. You agree and acknowledge that the Agreements grant you no license to use any particular version of the Account, the Game, the Game Client and/or the Game Service except their most recent versions.
The Agreements shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of New York, excluding its conflict of laws principles. The Agreements shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision of the Agreements, or portion thereof, to be unenforceable, the remainder of their terms shall continue in full force and effect.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CODE TRUCK, OUR LICENSORS AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES AND CONTRACTORS (COLLECTIVELY, THE “CODE TRUCK ENTITIES”) FROM ANY CLAIMS BY THIRD PARTIES FOR LOSS, INJURY, DAMAGE, EXPENSE OR COST (INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS) INCURRED BY THE CODE TRUCK ENTITIES RELATING TO OR ARISING OUT OF: A) YOUR OR YOUR CHILDREN’S USE OF THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE; B) YOUR VIOLATION OF THE AGREEMENTS; C) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE; OR D) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY INCLUDING WITHOUT LIMITATION THIRD PARTY CLAIMS FOR CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES, TO THE EXTENT THAT SUCH THIRD PARTY CLAIMS ARE NOT PROHIBITED BY APPLICABLE LAW. You agree that your obligation to indemnify the Code Truck Entities shall be broadly construed. You agree that Code Truck reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Code Truck. Code Truck will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the terms of the Agreements that require an indemnity from you and limit liability constitute essential terms of the Agreements.
Except where prohibited by applicable law, you agree to and acknowledge the following:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THEM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU;
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS;
THE CODE TRUCK ENTITIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE WILL BE CORRECTED, OR THAT THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION AND/OR USE OF THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES;
YOU FURTHER ACKNOWLEDGE THAT THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE; AND
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE CODE TRUCK ENTITIES OR ONE OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, THUS, SHOULD THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, you are solely responsible for determining and verifying that the Account, the Game, the Game Client and/or the Game Service is appropriate for your model of smart phone, wireless device, tablet, laptop, graphics controller board, operating system, and computer hardware. To find out more about your rights, you should contact a local consumer advice organization or qualified legal counsel.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE CODE TRUCK ENTITIES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ACCOUNT, THE GAME, THE GAME CLIENT AND/OR THE GAME SERVICE OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THEM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE CODE TRUCK ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO SOME OR ALL OF THIS THIS LIMITATION MAY NOT APPLY TO YOU. You agree that in no event shall the Code Truck Entities’ total liability to you for all damages exceed the amount that you paid to the Code Truck Entities in connection with the Account, the Game, the Game Client or the Game Service for the four (4) month period prior to the first occurrence of the facts or circumstances which would have provided an objectively reasonable person with notice of the existence of, or the basis for, your claim and dispute. If you have multiple related claims, you agree that they shall be treated as one single claim for purposes of determining when the claims arose. If you obtained the Account, the Game, the Game Client and/or the Game Service at no charge, you agree that in no event shall the Code Truck Entities’ total liability to you for all damages exceed the amount of one dollar (US $1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You acknowledge and agree that if you believe that you have a claim against the Code Truck Entities arising from a dispute with the Code Truck Entities, you will first make a reasonable attempt to resolve the claim and dispute informally by contacting us at support@codetruck.net. You agree that if you do not contact us to informally resolve such a claim and dispute with us within forty five (45) days of the first occurrence of the facts or circumstances which would have provided an objectively reasonable person with notice of the existence of, or the basis for, your claim and dispute, you and your Children, agents, heirs and assigns forever and irrevocably release and hold the Code Truck Entities harmless from any and all claims and causes of action that relate to or arise from the facts and circumstances giving rise to your claim and from the dispute. If you have multiple related claims, you agree that they shall be treated as one single claim for purposes of determining when the claims arose. You and Code Truck both agree to respond to each other reasonably promptly during the period of informal claim and dispute resolution. In the event that you and Code Truck are unable to resolve your claim and dispute after attempting to do so informally for ninety (90) days, you agree:
1) THAT YOUR CLAIM AND DISPUTE SHALL BE SUBJECT TO ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION WITH EACH PARTY TO BEAR THEIR OWN COSTS AND ATTORNEYS’ FEES, WITH THE ARBITRATION TO TAKE PLACE IN THE CITY OF NEW YORK, AND THAT NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO SEEK PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN THE ARBITRATION; and
2) THAT YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, OR TO SEEK JURY REVIEW AT A TRIAL, OF YOUR CLAIM OR THE DISPUTE.
You agree that in the event that such a claim and dispute has become subject to arbitration pursuant to this paragraph but are not in fact submitted for arbitration within forty five (45) days of having become subject to arbitration, you and your Children, agents, heirs and assigns forever and irrevocably release and hold the Code Truck Entities harmless from any and all claims and causes of action that relate to or arise from the facts and circumstances giving rise to your claim and from the dispute. You acknowledge and agree that the Code Truck Entities may seek to enforce their rights and remedies for any claims or causes of action against you relating to the Account, the Game, the Game Client and/or the Game Service in any court of competent jurisdiction and that such claims and causes of action are not subject to arbitration. No failure to exercise, no delay in exercising, and no single or partial exercising of, any right or power under the Agreements shall constitute or operate as a waiver thereof or preclude any further exercise of any right or power under the Agreements.
The Agreements constitute the entire agreement between you and us relating to the Account, the Game, the Game Client and/or the Game Service and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of the Agreements will be binding unless in writing and signed by one of our authorized representatives. Any translation of the Agreements is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version shall govern, to the extent not prohibited by local law in your jurisdiction.
You agree that any breach of the Agreements by you would cause irreparable injury to us, for which monetary damages would not be an adequate remedy, and that we are entitled to seek equitable remedies including without limitation injunctive relief, without bond, upon your breach of the Agreements and that such equitable remedies will not limit, but rather will be in addition to and not in lieu of, any other remedies that are available to Code Truck under applicable law.
After the Agreements become effective between you and us, they shall remain in effect until they are terminated. You agree and acknowledge that we have the right to transfer, convey and/or assign all or part of our rights in our Property to a third party at any time without notice to you. You agree and acknowledge that we have the right to discontinue providing any or all services relating to the Account, the Game, the Game Client and/or the Game Service at any time without notice to you. You have the right to terminate the Agreements by notifying us at any time at admin@codetruck.net. You acknowledge and agree that any duties or obligations that you incurred under the Agreements while they were binding on you shall survive the termination of the Agreements as they relate to you until such obligations are fully and completely discharged by you. You agree and acknowledge that we have the right to terminate the Agreements at any time without notice to you. Termination of the Agreements shall not affect or limit any of our rights at law or in equity that arose while the Agreements were in effect with respect to you.
We have established rules for the Game that are designed to achieve fairness and enjoyment for all players (the “Code of Conduct”). All players must comply with these rules. By setting out the following rules, we do not mean them to be all-inclusive. We will determine whether any particular conduct that comes to our attention falls outside the spirit of the Game and may take any disciplinary action at our sole discretion at any time without notice up to and including suspension or termination of the player’s use of the Game, Game Client, Game Service and/or Game Account as those terms are defined in this EULA. Code Truck may make changes to this Code of Conduct at our sole discretion at any time without notice. Please periodically check our website at www.meteorcube.com for any updates to this Code of Conduct.
In order to access multiplayer gameplay, the Game Client will ask you to choose a gamer tag that will become your in Game name. Your gamer tag must not contain your actual name or any information from which you could be personally identified. Because other players will see your gamer tag, you must comply with the following rules. If we find your gamer tag to be suggestive of anything that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or to be something that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure, we may take any disciplinary action at our sole discretion at any time without notice to you up to and including suspension or termination of use of the Game, Game Client, Game Service and/or Game Account. Players must abide by the following non-exhaustive list of rules concerning gamer tags below. You are prohibited from using any gamer tag that:
1) belongs to any religious figure or deity;
2) is suggestive of anything that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or to be something that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure;
3) relates to sex, pornography, alcohol or drugs;
4) belongs or is subject to the rights of any other person or entity without written authorization from that person or entity, including without limitation any employee or agent of Code Truck;
6) belongs to a popular culture figure, celebrity, media personality;
7) is, contains, or is substantially similar to a trademark, service mark or other intellectual property notice, whether registered or not;
8) is taken from any of Code Truck’s in-game characters, virtual products or cinematic;
9) is comprised of gibberish or a partial or complete sentence;
10) incorporates titles, ranks or honorifics including without limitation military ranks such as Lieutenant or Colonel; titles such as President, Prime Minister or Pope; or honorifics such as Highness, Reverend or Honorable; or
11) uses a misspelling or an alternative spelling to circumvent the gamer tag restrictions listed above.
Communicating in Game or on our websites with other players and with our representatives, whether by text, voice or any other method, is an integral part of the Game and the Game Service. If we find your communications to be suggestive of anything that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or to be something that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure, we may take any disciplinary action at our sole discretion at any time without notice to you up to and including suspension or termination of use of the Game, Game Client, Game Service and/or Game Account. Players must abide by the following non-exhaustive list of rules concerning their communications below. When engaging in such communications, you may not:
1) transmit or post any content or language which, in the sole and absolute discretion of Code Truck, is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure;
2) harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
3) 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;
4) impersonate any real person, including without limitation any Code Truck agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Code Truck agent or employee.
5) take any action with a disruptive effect, such as intentionally causing the in Game chat feature to scroll faster than other users are able to read, or posting large amounts of text that can have a disruptive effect on the normal flow of such chat;
6) disrupt the normal flow of dialogue in chat 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;
7) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in chat, including without limitation continuous advertisements to sell goods or services; or
8) uses a misspelling or an alternative spelling to circumvent the communication restrictions listed above.
Prohibited acts during game play include without limitation the following:
1) using or exploiting errors in design, features which have not been documented, and/or “program bugs” to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
2) using hacks, mods, cheats or bots;
3) participate in any action that, in the sole and absolute opinion of Code Truck, results or may result in an authorized user of the Game being cheated or defrauded out of any Game items that user has earned through authorized game play in the Game;
4) conduct prohibited by the EULA; or
5) anything that we consider in our sole discretion to be contrary to the spirit of the Game.