This is a quick summary and some important points of this agreement to give you basic overview. You should read the full terms of service though, as the full terms of service still apply.
1) Our games are usually made available during development and could (and most likely will) contain errors and bugs.
2) Do not redistribute our games, game assets, or any of our game files or their alterations.
3) You may create services, develop tools, mods, addons and other stuff for our games, but only for non commercial use. They must also not pose as created, supported or endorsed by us.
4) If something is not clear or you want a special consideration - feel free to contact us at any time and we will be happy to assist you or review your particular case.
5) You CAN create YouTube videos of our games and monetize them in any way you want. You don't need to ask our permissions to make videos on YouTube.
6) If you are interested to offer our community of players any commercial services or materials, please contact us directly and we will be happy to try and accomodate your requests as long as they are reasonable and would benefit the community.
These terms of service form a legally binding contract between you and AtomicTorch Studio. By using our Sites, Products or Services, you affirm that you are at least 18 years of age or that your parent or guardian have reviewed this Agreement with you and he or she assents to these terms of service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.
Please read other included documents:
* EULA for our games: http://atomictorch.com/Pages/EULA
3. Changes to this agreement
AtomicTorch Studio reserves the right, at its sole discretion, to modify or replace any part of this Agreement (and any included agreements and attachments). It is your responsibility to check this Agreement periodically for new information and possible changes. We may modify any of these documents at any time. All changes are effective immediately upon posting the updates and the effect of these changes could be retroactive. When we make any changes, we will revise the updated date at the bottom of this page. Your continued use of or access to the Sites, Products or Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site. Such new features and/or services shall be subject to the terms and conditions of this Agreement. If at any point you do not agree to any portion of this ToS, you must immediately stop using our Sites, Products and Services.
5. User Content
5.1. "Content" means any communications, text, images, sounds, and all the material and information that you upload or transmit through the Site, or that other users upload or transmit, including without limitation any in-game chat or forum postings or edits to wiki pages.
5.2. You understand that by using the Site and our Products and Services, you may be exposed to Content that is offensive, indecent or objectionable and you may be exposing others to Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
5.3. You hereby grant us a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, 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, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content.
5.4. We cannot and do not pre-screen or monitor all Content. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Site. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content for any reason, including without limitation:
(a) to satisfy any applicable law, regulation, legal process or governmental request;
(b) to enforce the terms of this ToS or any other agreement;
(c) to protect our legal rights and remedies;
(d) where we feel someone's health or safety may be threatened;
(e) to report a crime or other offensive behavior.
5.5. By making content available on our Site, forums, blog or other parts of our Site you warrant that you have right to make the content available and you do not infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party by making the content available. You do not act against any local or international law by posting content. The content is not of adult nature and is suitable for ages 12+. AtomicTorch Studio shall not be held responsible for posted Content that may violate copyright law or other laws.
6.1. To access certain aspects of the Site, a Service or a Product, you may be required to create an account (each, an "Account") by completing the registration process. To create an Account, you must have an email address, and provide truthful and accurate information upon registration. If your contact information changes, you agree that you will promptly update your Account information to reflect those changes.
6.2. Maintaining the Account security is very important. You are entirely responsible for maintaining the confidentiality of your account, you are also solely responsible for all activity on your account. You should not reveal your Account password to others. You agree to notify us immediately if you believe that your Account and/or password have been compromised.
7.1. Some of our Products and Services may require creation of a "username" to represent you in game and online. Usernames are permanently tied to your account and cannot be changed.
7.2. Your username will be visible to other users. You must abide by the following guidelines as well as the rules of common decency. You may not use following as a username:
(a) That incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
(b) Related to drugs, sex, alcohol, or criminal activity;
(c) Belonging to another individual or entity with the intent to impersonate that individual or entity;
(d) That is subject to the rights of any other person or entity without written authorization from that person or entity;
(e) Uses any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space;
(f) You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a parts of the name that, when combined, violate the above name restrictions.
By purchasing any of our Products you are entitled to the following:
(a) Access to a particular software Product in its current state upon public release (alpha, beta or final).
(b) Access to all updates (patches) for that software which we will release in the future.
By 'updates' we mean software updates including in-game content, features and bugfixes, released as a new version for the same product. We do not guarantee however that any content or entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular content or entitlements for any particular length of time. We reserve the right to change and update content and entitlements without notice to you. Once you have redeemed your entitlements, that content is not returnable, exchangeable, or refundable for other entitlements or for cash, or other goods or services.
9. Termination of service
We may terminate access to any of our Sites, Products and Services at any time at our own sole discretion. You may lose your Account and username as a result of termination. You acknowledge that in such an instance we are not required to provide you notice before taking action to suspend or terminate your Account or revoke any entitlements associated with your Account or any of our Sites, Products and Services offered to you. If your Account is suspended or terminated no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement.
10. Violation of ToS
10.1. In the event that you (or someone else using your account) violate this ToS or any attached agreement or engages in activities that are otherwise improper or illegal, we will have the right to take any disciplinary measures as we see fit, including, without limitation, the following actions:
(a) An e-mail warning may be issued to the user;
(b) Editing, deletion or closing of the post, thread or message in any of our Sites;
(c) Temporary suspension of the user's Account;
(d) The termination and deletion of the user's Account;
(e) Permanently banning the user from using any of our Sites, Products and Services.
10.2. In response to a request by law enforcement, a court order or other legal process we may be required, with or without notice to you, disclose your personal information, IP address(es), information about you and your activities. In addition, the following are examples of the type of violations of this ToS that may result in the notification of proper legal authorities:
(a) Threat of physical harm or safety to oneself or any other person made through the Site;
(b) Offering or solicitation of material that might be deemed illegal, indecent or obscene, including, but not limited to, pirated software, child pornography and illegal drugs;
(c) Harassment of another user and/or any AtomicTorch Studio employee or contractor.
11. Cancellation of Account
11.1. You have the right to delete your Account at any time.
11.2. If you wish to delete your Account you can set your account for deletion in the profile page on the Site. You can cancel scheduled deletion within 30 days since submitting deletion request. If you decide to delete your account and deletion request was carried out you will not be able to recover that Account at a later time since all associated data will be permanently and irreversibly removed. AtomicTorch Studio shall have no liability to you of any kind in the event that your account has been deleted.
Access to our Products (games) require you to purchase each of the products. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. We may revise the pricing for our Products at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
13. Restrictions and Conditions of Use.
13.1. AtomicTorch Studio permits you to view and use Site for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, product or services obtained from the Site.
13.2. You agree that you will not violate any applicable law or regulation in connection with your use of the Site. Without limiting the foregoing, you agree that you will not make available through the Site or Service any material or information (including, without limitation, Content) that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
13.3. You may not connect to or use the Site or Services in any way not expressly permitted by this ToS. Without limiting the foregoing, you agree that you will not:
(a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks upon, or hacking of, the Site or Service or otherwise attempt to disrupt the Site or Service or any other person's use of the Site or Service;
(b) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or the computer systems or networks connected to the Site or Service;
(c) obtain or attempt to obtain any information from the Site or Service, including without limitation email information of other account holders, using any method not expressly permitted by us;
(d) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of unauthorized access to, or distort, delete, damage or disassemble the Site or Service.
13.4. You agree that you will not use the Site or Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service including, without limitation, selling, licensing, or otherwise commercially exploiting our Site, Services or Products.
13.5. You may not use the Site or Service to develop, generate, transmit or store information (including, without limitation, Content) that or engage in any behavior through the Service which:
(a) in the sole and absolute discretion of AtomicTorch Studio, is deemed to be inappropriate or offensive;
(b) is deemed unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable;
(c) consists of advertisements, promotions, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
(d) is derogatory or harmful to the reputation of AtomicTorch Studio, the Site, any of our Services or products, or our employees in any way;
(e) encourages the violation of any local, state, national, or international laws or regulations;
(f) solicits other users' passwords and/or credit card information;
(g) forges headers or otherwise manipulates identifiers in order to disguise the origin of any message;
(h) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site, Product or Service;
(i) constitutes phishing or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
As between you and AtomicTorch Studio, we own the Sites, Products and Services. We reserve the exclusive right to create derivative works based on the Site, Products or Services. You agree that you will not create any work of authorship or create any derivative works based on our Sites, Products and/or Services except as expressly permitted by us.
The Site may contain links to websites operated by other parties. We provide these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of AtomicTorch Studio, and we are not responsible for the content available on the other sites. Such links do not imply our endorsement of information or material on any other site and AtomicTorch Studio disclaims all liability with regard to your access to and use of such linked websites.
16. Notice for Claims of Copyright Infringement.
If you are a copyright owner or agent thereof and believe that content posted on the Site infringes upon your copyright, please submit a notice to our e-mail address with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
17. Intellectual Property.
The Site, Services and Products are protected by international copyright laws. Except for your use as authorized, you may not modify, reproduce or distribute the content, design or layout of the Site, the Services or Products without AtomicTorch Studio express prior written permission.
AtomicTorch Studio does not accept unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively "Unsolicited Ideas"). Our policy is aimed at avoiding potential misunderstandings or disputes when our products or strategies might seem similar to Unsolicited Ideas that are submitted. If you still submit your Unsolicited Ideas to us or to any of our employees and/or contractors, then, you hereby grant us a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others.
The Site and Services are operated by AtomicTorch Studio. The Site webserver is located in the United States. Those who choose to access the Site or Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable laws.
The Site, Products and Services are not directed toward children under 13 years of age nor do we knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to us.
21. DISCLAIMER OF WARRANTIES. THE SITES, SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ATOMICTORCH STUDIO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES OR SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES, PRODUCTS AND SERVICE AND/OR ANY CONTENT IS AT YOUR SOLE RISK. ATOMICTORCH STUDIO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES, PRODUCTS OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITES, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES, PRODUCTS, OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
22. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATOMICTORCH STUDIO, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES, PRODUCTS OR SERVICES EVEN IF ATOMICTORCH STUDIO AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF ATOMICTORCH STUDIO OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Additionally you agree to the following:
(a) We are not not under any obligation to release any updates, expansions or any Products at any time. Each release to any of our Products may be the last one.
(b) We are not under obligation to implement any given set of features to any of our Products.
(c) We reserve the right to add, remove and modify content of any of our Products at our own discretion, without prior notice.
(d) The minimum hardware specifications for our software titles are posted for reference purposes only. Due to sheer number of possible hardware configurations we cannot guarantee that any of our software titles will perform as expected under any given hardware configuration.
(e) We provide our products and services 'as-is' without warranty of any kind. Our software may contain bugs and/or manifest undesirable behaviour. We cannot guarantee any level of stability or performance for the software, and take no responsibility in the event of data loss or damage occurred as a direct or indirect result of using the software. Use it at your own risk.
(f) No warranty is given about quality, functionality, availability or performance.
(g) You agree that the use of our products and services is at your own sole risk.
You agree to indemnify, defend and hold AtomicTorch Studio and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of any breach by you of this ToS or any other policies that AtomicTorch Studio may issue for the Site from time to time.
24. Negotiations and Arbitration.
24.1. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement ("Claim"), you and AtomicTorch Studio agree to first attempt to informally negotiate any Claim for at least thirty (30) days. AtomicTorch Studio will send its notice to the e-mail address associated with your Account. You will send your notice to AtomicTorch Studio e-mail address: email@example.com.
24.2. You and AtomicTorch Studio agree that any arbitration shall be limited to the Claim between AtomicTorch Studio and you individually. YOU AND ATOMICTORCH STUDIO AGREE THAT:
(A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
(B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL;
(C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
24.3. In the event any litigation is brought by either party in connection with this ToS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
25. General Terms.
25.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AtomicTorch Studio as a result of this ToS or your use of our Sites, Products and/or Services.
25.2. If any part of this agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of AtomicTorch Studio, and the remaining portions shall remain in full force and effect.
25.3. The failure of AtomicTorch Studio to exercise or enforce any right or provision of this agreement will not constitute waiver of such right or provision. Any waiver of any provision of this terms of service will be effective only if in writing and signed by AtomicTorch Studio.
25.4. You agree that this agreement shall be interpreted and construed in accordance with the laws of Singapore and that should any claims be brought against AtomicTorch Studio related to this agreement it shall be brought within a court of competent jurisdiction within Singapore.
25.5. All notices given by you or required under this ToS shall be in writing and addressed to our e-mail address: firstname.lastname@example.org.
25.6. You hereby agree that AtomicTorch Studio would be irreparably damaged if the terms of this ToS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
25.7. This ToS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and AtomicTorch Studio and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us.
This document was last updated on Febrary 13, 2014