Monte Perdido Studio S.L. Terms of Service

Last Updated: February 4, 2021

BY ACCEPTING THESE TERMS OF SERVICE OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SERVICES.

THESE TERMS OF SERVICE CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE SERVICES, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS.

PLEASE READ THE “DISPUTE RESOLUTION” SECTION (SECTION 18) IN ITS ENTIRETY. IN ADDITION, CERTAIN TERMS AND CONDITIONS MAY BE APPLICABLE TO USERS THAT RESIDE OUTSIDE THE UNITED STATES. PLEASE REVIEW SECTION 26 TO DETERMINE WHETHER THESE TERMS AND CONDITIONS APPLY TO YOU.

YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SERVICES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE. MAKE SURE TO REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.

Monte Perdido Studio S.L. (“Monte Perdido”, “we,” “us” or “our”) is pleased to provide you videogames and virtual reality videogames products and uses third-party platforms where users can download and submit content for and obtain services related to our products. Collectively, we describe these videogames and virtual reality videogames products, including content and services provided by Monte Perdido—excluding third-party websites, third-party mobile apps, third-party platforms, third-party content and third-party hardware—as our “Services” (collectively, the “Services”). These Terms of Service (“Terms“) apply to your purchase, access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Monte Perdido for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.

Monte Perdido reserves the right to change or modify these Terms on a going forward basis at any time and in our sole discretion. If Monte Perdido makes changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you’ve provided, providing notice through the Services and/or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

1. Eligibility

ONLY USERS WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION MAY USE OR REGISTER FOR THE SERVICES.. The Services are for personal use only. Organizations, companies, or businesses may not use the Services for any purpose. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements. When you access the Services, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.

2. Equipment; Software; and Updates

Certain equipment and software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.

We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.

3. Your Use of the Services and Content

3.1 Content and Software License. Except as otherwise agreed upon, if we enable the use of software, content, virtual items or other materials owned or licensed by us (“Software and Content”), we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by Monte Perdido or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

3.2 Monte Perdido Runtime Software. Subject to these Terms, including the license provided in Section 3.1, you may access, install, and use the Monte Perdido Runtime Software (“Runtime”). In order to maximize your enjoyment, safety, and overall experience through our Services, the Runtime may only be used with Monte Perdido approved hardware devices and software. We also require that you use only the then-current version of the Runtime. You acknowledge that the Runtime incorporates proprietary information, and that you will not disclose it to any other person or entity.

3.3 Third-Party Products. Your use of services, applications, platforms, or content provided by third parties (“Third Party Products”) made available through the Services may be subject to additional end user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. Monte Perdido has no responsibility or liability with respect to your access to or use of the Third Party Products, or any content or functionality contained in such Third Party Products, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Products. In no event shall Monte Perdido be considered the licensor of the Third Party Products, to have granted any rights to use the Third Party Products, to have assumed any obligations with respect to the Third Party Products, or to have made any representations or warranties with respect to the Third Party Products.

If you are not presented with an end user license agreement when you acquire Third Party Products, the following license terms apply to your use of such Third Party Products: (a) the third party providing the Third Party Products (and not Monte Perdido) is the licensor of such Third Party Products; (b) such party grants you a limited, nontransferable license to access and use the Third Party Products only for your personal and noncommercial purposes; and (c) you may not modify, decompile or disassemble the Third Party Products in whole or in part, or create any derivative works from or sublicense any rights in or to the Third Party Products, unless otherwise expressly authorized by the third party or as permitted under applicable law.

3.4 Trial Access to Services. We may offer free trials or other limited versions of Services so you can preview Services before you purchase the full version. These versions may have limited features, restrict permitted time of use and contain other limitations.

3.5 Availability of Services after Purchase; Updates. Some Services may rely on services provided by third parties for some or all of its functionality. Such Services may not function properly or may become inoperable if these third parties discontinue their services.

3.6 Support. Monte Perdido will be responsible for all support obligations relating to the Services, including but not limited to end user customer support, bug fixes, live operations support, and general technical support. Monte Perdido has no obligation to provide support for Third Party Products. Please contact us through the support email at info@monteperdido.studio for assistance.

3.7 Availability. The Services and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.

3.8 Network Costs. You may be charged by your network provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.

4. Purchasing Services

4.1 Purchasing Services from Monte Perdido. You may only purchase Services for your personal use or to give as a gift unless otherwise expressly permitted in these Terms. You may not purchase Services from Monte Perdido for commercial use or resale.

Nothing in these Terms shall affect your statutory rights to reject physical goods that, when received by you, are damaged or defective.

4.2 Pre-Orders. In advance of a new Service launch it may be possible to place pre-orders.

The price of the Service you pre-order will be as quoted to you at the time you submit your pre-order, and may include tax and shipping when applicable. Placing a pre-order does not guarantee delivery of a Service.

When the Service is ready for shipping or delivery we will contact you to provide you with your purchase confirmation (including shipping costs and any taxes where applicable). This shall constitute the Order Acceptance.

4.3 Our Right to Reject Your Order. At any time prior to Order Acceptance, we reserve the right to decline or reject your order. If this occurs, we will attempt to notify you. Some reasons for rejection can include: (a) we are unable to supply you with Service, for example because that item is no longer available or because of an error in the price at the point of sale; (b) you do not live in a country or region from which the Services may be purchased; or (c) you order more than the permitted maximum number of Services. If you have already paid, we will refund you the full amount including any delivery costs charged.

4.4 Content Transactions. You may have the ability to purchase digital content through the Services. You also may have the ability to purchase additional or enhanced functionality or media content within certain Services (collectively, “In-App Purchases”). Except as described in these Terms, we have no responsibility for any transactions you enter into with a third party for Third Party Products or In-App Purchases and assume no liability for Third Party Products or Third Party In-App Purchases that occur within Third Party Products.

4.5 Errors. We attempt to be as accurate as possible and to eliminate errors in relation to our Services; however, we do not represent or warrant that any Service descriptions or pricing information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. If we discover a pricing or other material error related to a Service that has yet to be shipped or delivered, we will contact you to inform you of this error and give you the option of continuing to purchase at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.

4.6 Account. You may be required to be a registered user in order to purchase some Services. You are responsible for all charges incurred in connection with your account. Monte Perdido may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, Monte Perdido reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Monte Perdido will allow you to register again.

4.7 Virtual Items. Your purchase of a virtual item or in-game currency within the Services is a payment for a limited, non-assignable license to access and use such content or functionality in the Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Services can only be used in connection with the Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.

4.8 Pricing and Payment. We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply.

By submitting an order or pre-order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. Depending on where you are located or ask to have Services shipped or delivered, Monte Perdido may utilize an agent, subsidiary, or affiliate to process payment and shipping. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in order to proceed with your order.

Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.

4.9 Taxes. If your purchase or use of the Services is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services.

4.10 Content Cancellations; Returns. All purchases of digital content are final except as required by law, or as described in Third-Party platform agreements. Once you purchase Content, we encourage you to download, install and/or access it promptly. If you are located in the EU, you consent that the supply of the digital content may begin immediately following the completion of your purchase and you acknowledge that you therefore will lose any statutory rights you may have to withdraw and receive a refund. If you are unable to download, install or access purchased content, please contact us through the support email at info@monteperdido.studio.

5. Acceptable Use

By accessing or using the Services, you agree that you will not: (a) access or use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Services, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; (b) damage, disable, overburden or impair the functionality of the Services in any manner; (c) access or use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms, community standards or any other terms or policies provided in connection with the Services; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate the Services; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Services or to extract data; (g) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services, or third parties; and (h) infringe upon or violate the rights of Monte Perdido, our users or any third party.

6. User Content

Our Services may include interactive features and areas where you may submit, post, upload, publish, email, send or otherwise transmit content, including, but not limited to, text, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. By submitting User Content through the Services, you grant Monte Perdido a worldwide, irrevocable, perpetual (i.e. lasting forever), non-exclusive, transferable, royalty-free and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the Services. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content.

You are solely responsible for the User Content you make available through the Services and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to Monte Perdido the rights specified in this section; (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) your User Content does not violate our community standards.

Monte Perdido does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. Monte Perdido has no responsibility or liability for User Content made available through the Services, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User Content at any time and for any reason.

In the event you are a developer who submits User Content to Monte Perdido, you acknowledge and agree that our agreements with you as a developer may supersede this section of the Terms.

7. Privacy Policy

Our Privacy Policy, which is available at http://monteperdido.studio/privacy/, is incorporated into these Terms and sets forth how we treat data, including how we collect, use and disclose information.

In addition, certain third parties (such as developers of Third Party Products and the manufacturers of your computer, mobile phone or other devices) may collect information about you when you use the Services. These third parties have their own privacy policies and will treat the information they collect about you according to these policies. We encourage you to review these privacy policies before providing any information to third parties. We are not responsible for the accuracy of any third party’s privacy policy or for ensuring that third parties comply with their privacy policies.

8. Additional Terms

These Terms are in addition to, and do not replace or change, any other agreements you enter into with Monte Perdido, which may include but are not limited to our developer agreements, special device terms of use, community standards and contest, competition, or promotion-related terms. In addition, if you purchase physical goods from Monte Perdido, other terms of sale or promotion may apply from time to time.

Your purchase and use of Third Party Products may be subject to additional terms, including but not limited to third-party end user agreements, and privacy policies. We encourage you to review any third-party agreements and policies carefully before accessing, downloading or using Third Party Products.

9. Ratings

We may display age, comfort, and content ratings for digital content that are based on information provided to us by the developers of such content. We cannot guarantee that digital content ratings will always be accurate, nor can we promise that you will not find some material harmful, offensive, indecent or objectionable.

10. Ownership and Intellectual Property

Unless otherwise indicated, the Services are the property of Monte Perdido or our licensors and are protected by copyright, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Monte Perdido and the Monte Perdido logo (“Monte Perdido Marks“) are trademarks or registered trademarks of Monte Perdido S.L.. The Monte Perdido Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.

11. Feedback

Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Monte Perdido and our Services (collectively, “Feedback”). You agree that Monte Perdido and its affiliates shall be able to use the Feedback in any way it may choose without any obligation to you.

12. Governing Law

Any dispute between the parties arising from or relating to this Agreement will be governed by this Agreement and the laws of Spain, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

13. Venue

Any dispute between the parties arising from or relating to this Agreement shall be decided by the Commercial Court of Madrid, and you and Monte Perdido agree to submit to the personal jurisdiction of that court.

14. U.S. EXPORT CONTROLS; LEGAL COMPLIANCE

The Software is further subject to United States export controls. No Software may be exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, 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. You agree to comply with all applicable laws and regulations, including U.S. export control laws, in the use of the Software.  If you are a resident of a country other than the U.S., you agree to comply with all applicable laws and regulations, including applicable U.S. and applicable local export control laws, in the use of the Software.

15. Copyright Complaints

If you are a copyright owner or an agent of a copyright owner and believe that anything on the Service infringes upon any copyright that you own or control, you may submit a notification of such infringement with our designated Copyright Agent as set forth below:

Monte Perdido Studio S.L.

Calle Segundo Mata nº1, Bajo, 12

28224 Pozuelo de Alarcón, Madrid

Spain

info@monteperdido.studio

16. Hyperlinks

You are granted a limited, non-exclusive right to create text hyperlinks to our websites for noncommercial purposes; however, you may not use our logos or other proprietary graphics to link to our sites without our express written permission.

The Services may contain links to third-party websites, applications or other third-party services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content, products or services made available through such properties. We do not endorse or control such third-party properties and we make no representations or warranties of any kind regarding such properties. If you access or use any third-party properties, you should also be aware that such third parties’ terms and policies will govern.

17. Disclaimers

15.1 THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING THE SERVICES, WHICH ARE AVAILABLE AT https://www.oculus.com/legal/health-and-safety-warnings/. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE WARNINGS AND INSTRUCTIONS. WE MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS, SO PLEASE REVIEW THEM PERIODICALLY. ADDITIONAL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY BE PROVIDED BY DEVELOPERS IN RELATION TO SPECIFIC THIRD PARTY CONTENT. YOU REPRESENT AND WARRANT THAT YOU WILL READ ALL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS BEFORE USING THE SERVICES.

15.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND Monte Perdido, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND Monte Perdido EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Monte Perdido DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY Monte Perdido WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

18. Indemnification

You agree to defend, indemnify and hold harmless Monte Perdido and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Monte Perdido Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Monte Perdido or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.

19. Disclaimers and Limitation of Liability

THE MONTE PERDIDO PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF A MONTE PERDIDO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Monte Perdido PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

Vanishing Grace includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”).  All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind.  Monte Perdido, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.  Without limiting the generality of the foregoing, Monte Perdido, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Vanishing Grace, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve these Vanishing Grace, or will not revoke approval of these Vanishing Grace for any or no reason.  Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Monte Perdido and Epic. Monte Perdido, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials.  This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Monte Perdido, Epic, Epic’s licensors, nor its or their affiliates, nor any of Monte Perdido’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Terms of Service, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses.  In no event will Monte Perdido, Epic, Epic’s licensors, nor its or their affiliates, nor any of Monte Perdido’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Terms of Service or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Monte Perdido’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Monte Perdido, Epic or Epic’s affiliates have been advised of the possibility of such damages.  These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

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 Monte Perdido, Epic, Epic’s licensors, its and their affiliates, and any of Monte Perdido’s or Epic’s service providers shall be limited to the full extent permitted by law.

20. Modifications to the Services

Monte Perdido reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Monte Perdido be liable for the removal of or disabling of access to any portion or feature of the Services.

21. Termination

We reserve the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.

22. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

23. Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Monte Perdido, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

24. Nonwaiver

Any failure by Monte Perdido to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.

25. Third-party beneficiaries

Except as set forth in this section below, a person or entity who is not a party to this Agreement shall have no rights under any law to enforce any terms of this Agreement, regardless of whether such person or entity has been identified by name. Nothing in this section shall affect the rights of any permitted assignee or transferee of this Agreement. Monte Perdido

26. Miscellaneous

This Agreement contains the entire agreement between you and Monte Perdido regarding the use of the Services. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, except if such provision deprives the Agreement from its essential obligations. Except as set forth in Section 25, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including Users other than you) who is not a party to this Agreement has no right to enforce any term of this Agreement. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Monte Perdido, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.  The failure of Monte Perdido to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. To contact Monte Perdido, please contact us through email at info@monteperdido.studio