eula: body: "STEAMBIRDS ALLIANCE & SPRY FOX NETWORK END USER LICENSE AGREEMENT\n \n LAST REVISED: OCTOBER 6, 2017\n \n CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING STEAMBIRDS ALLIANCE OR USING THE SPRY FOX NETWORK. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS SOFTWARE PROGRAM.\n \n Thank you for your interest in Spry Fox LLC’s (“Spry Fox” or “we”) Spry Fox Network game platform (“Spry Fox Network”) and Spry Fox’s interactive games (“Games”). This Agreement sets forth the terms and conditions under which you are licensed to access the Spry Fox Network, and use Games on the Spry Fox Network. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE ANY OF THE GAMES OR TO ACCESS THE SPRY FOX NETWORK.\n \n 1. THE SPRY FOX NETWORK ACCOUNT.\n A. Use of the Spry Fox Network Account.To use the Spry Fox Network, you must register, or have previously established, an account on the Spry Fox Network (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:\n I. You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Spry Fox from using Spry Fox Network.\n II. When you create or update an Account, you must provide Spry Fox with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to play certain Games or use certain features offered on Spry Fox Network, you may be also be required to provide Spry Fox with payment information (such as credit card information). Spry Fox’s retention of your personal information is subject to Spry Fox’s SFN Privacy Policy, located at http://spryfox.com/spry-fox-network-privacy-policy. Spry Fox shall also have the right to obtain non personal data from your connection to Spry Fox Network.\n III. When you create an Account, you will be required to select a unique username and password (collectively referred to hereunder as “Login Information”). You cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.\n IV. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Spry Fox at support@spryfox.com.\n V. Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on Spry Fox Network, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.\n VI. Your use of Spry Fox Network and Games to interact with Spry Fox and other players is governed by Spry Fox’s In-Game Policies (the “In-game Policies”). The In-Game Policies are not meant to be exhaustive, and will generally be announced and updated in the Games’ official discussion forums. These In-game Policies apply to all Games:\n a. We encourage our players to cooperate and compete in our games, but crossing the line into abuse is never acceptable. If you come across a player violating the policies below, you should report them to support@spryfox.com.\n b. When participating in communication of any kind (chat, voice communication, group finder), you are responsible for how you express yourself. You may not use language that could be offensive or vulgar to others.\n c. Hate speech and discriminatory language is inappropriate, as is any obscene or disruptive language. Threatening or harassing another player is always unacceptable, regardless of language used. Violating any of these expectations will result in account restrictions. More serious and repeated violations will result in greater restrictions.\n d. You are prohibited from carrying out any action with a disruptive, malicious or dangerous effect on the “Chat” (in-game communication) experience, including but not limited to:\n i. Intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;\n ii. Posting commercial solicitations and/or advertisements for goods and services available outside of the Games;\n iii. Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services; and\n iv. Communicating or posting any user’s personal information in the Games, or on websites or forums related to the Games, except that a user may communicate his or her own personal information in a private message directed to a single user.\n e. Names are subject to the same rules established above. Any name the player has the ability to customize—such as player names and guild names—must be appropriate and inoffensive. Any name that violates our standards will be changed, and additional limitations may be placed on the offending account per our discretion. Take note that acceptable names are determined by player reports and Spry Fox’s decision. In particular, you may not use any name:\n i. Belonging to another person with the intent to impersonate that person, including without limitation an “Admin” or any other employee or agent of Spry Fox;\n ii. That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;\n iii. Subject to the rights of any other person or entity without written authorization from that person or entity;\n iv. That belongs to a popular culture figure, celebrity, or media personality;\n v. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not; or is\n vi. Related to drugs, sex, alcohol, or criminal activity.\n f. You are responsible for how you and your account are represented in the game world. Cheating in any fashion will result in immediate action. Using third-party programs to automate any facet of the game, exploiting bugs, or engaging in any activity that grants an unfair advantage is considered cheating.\n g. Exploiting other players is an equally serious offense. Scamming, account sharing, win-trading, and anything else that may degrade the gaming experience for other players will receive harsh penalties.\n h. If you’re unsure if your actions violate this code of conduct, reconsider them. We reserve the right to restrict offending accounts as much as necessary to keep Spry Fox’s Games a fun experience for all players.\n VII. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Game, you acknowledge that payments will be processed automatically (e.g., charged to your credit card) until you cancel the subscription or the Account. Spry Fox may revise the pricing for the goods and services offered through Spry Fox Network at any time. YOU ACKNOWLEDGE THAT SPRY FOX IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO SPRY FOX FOR THE USE OF SPRY FOX NETWORK, OR FOR PURCHASES MADE THROUGH SPRY FOX NETWORK, FOR ANY REASON.\n VIII. Spry Fox shall have the right to monitor and/or record your communications when you use the Spry Fox Network, and you acknowledge and agree that when you use the Spry Fox Network, that you have no expectation that your communications will be private. Spry Fox shall have the right to disclose your communications for any reason, including : (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Spry Fox policy; (c) to protect Spry Fox’s legal rights and remedies; (d) to protect the health or safety of anyone that Spry Fox believes may be threatened; or (e) to report a crime or other offensive behavior.\n B. Grant of License.If you accept and comply with the terms of this Agreement, Spry Fox will grant, and you will receive, a non-sub licensable, and non-exclusive license to use the Spry Fox Network and Games subject to the “License Limitations,” set forth in Section 1(C) below, as follows:\n I. You may use the Spry Fox Network and Games for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.\n II. You may not transfer your rights and obligations to use the Spry Fox Network.\n III. With regards to Games purchased from retailers on original media (e.g., on CD-ROM, DVD, etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Spry Fox does not recognize any purported transfer of the Games; and\n IV. Some of the Games playable on the Spry Fox Network may be subject to specific license terms that may include the following: (1) In certain cases, the “full version,” of Games can only be played after you purchase a license for the Game, and (2) You may play the Game(s) you have licensed at publicly available cyber cafés or computer gaming centers on Spry Fox Network through an Account registered to you.\n C. License Limitations.Spry Fox may revoke your license to use the Spry Fox Network and/or the Games if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:\n I. Derivative Works: Copy or reproduce (except as provided in Section 1(B)), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Games.\n II. Cheating: Create, use, offer, advertise, make available and/or distribute the following or assist therein:\n a. Cheats; i.e. methods, not expressly authorized by Spry Fox, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods\n b. Bots; i.e. any code and/or software, not expressly authorized by Spry Fox, that allows the automated control of a Game, Spry Fox Network and/or any component or feature thereof, e.g. the automated control of a character in a Game;\n c. Hacks; i.e. accessing or modifying the software of a Game or the Spry Fox Network in an manner, not expressly authorized by Spry Fox; and/or\n d. Any code and/or software, not expressly authorized by Spry Fox, that can be used in connection with the Spry Fox Network, a Game and/or any component or feature thereof which changes and/or facilitates the gameplay.\n III. Prohibited Commercial Uses: Exploit, in their entirety or individual components, the Spry Fox Network or the Game(s) for any purpose not expressly authorized by Spry Fox, including, without limitation (i) gathering in-game currency, items, or resources for sale outside of the Spry Fox Network or the Game(s); (ii) performing in-game services, like power-leveling, in exchange for payment outside of the Spry Fox Network or the Game(s); or (iii) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Spry Fox Network or the Game(s).\n IV. Data Mining: Use third-party software that intercepts, collects, reads, or “mines” information generated or stored by the Spry Fox Network or the Game(s); provided, however, that Spry Fox may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;\n V. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Spry Fox Network or the Game(s);\n VI. Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by Spry Fox in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Spry Fox), or as part of content aggregation networks;\n VII. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Spry Fox Network or the Game(s) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Spry Fox Network; and (ii) any connection using third-party programs or tools not expressly authorized by Spry Fox;\n VIII. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game(s) or your rights to the Game(s) to any other party in any way not expressly authorized herein;\n IX. Disruption: Disrupt or assist in the disruption of (i) any computer used to support the Spry Fox Network or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SPRY FOX NETWORK OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.\n X. Violation of Laws: Use a Game, or the Spry Fox Network, to violate any applicable law or regulation.\n D. Game and Spry Fox Network Features.\n I. Spry Fox Network Features:\n a. Advertising: Spry Fox’s Games and the Spry Fox Network may incorporate third-party technology that enables advertising on the Spry Fox Network and/or in certain Games playable on the Spry Fox Network, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Spry Fox and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.\n b. User Created or Uploaded Content: The Spry Fox Network and certain Games may provide you an opportunity to upload and display content on the Spry Fox Network and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the “User Content”). User Content specifically does not include a Custom Game, as defined in Section 1(D)(II)(a) below. You hereby grant Spry Fox a perpetual, irrevocable, worldwide, fully paid up, non-exclusive right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Spry Fox shall have the unlimited right to copy, 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 the 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 the User Content or the elements thereof in conjunction with or into any other material. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. 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 or otherwise objectionable or inappropriate. Spry Fox may remove any User Content and any related content or elements from Spry Fox Network at its sole discretion.\n II. Game Features:\n a. Game Editors: Certain Games include editing software (hereafter referred as “Game Editor(s)”) that will allow you to create custom games, levels, maps, scenarios or other content (“Custom Games”). For purposes of this Agreement and any agreements referenced herein, “Custom Games” includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game’s engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is as follows:\n i. Custom Game developers may not develop Custom Games that include a mechanism that allows the developer to limit access to the Custom Game to certain users.\n ii. Custom Games are and shall remain the sole and exclusive property of Spry Fox. Without limiting the foregoing, you hereby assign to Spry Fox all of your rights, title and interest in and to all Custom Games, and agree that should Spry Fox decide that it is necessary, you agree to execute future assignments promptly upon receiving such a request from Spry Fox. Additionally, Spry Fox shall have the right to maintain the Custom Game even if the developer of the Custom Game requests that Spry Fox remove the Custom Game from any platform or service.\n iii. You represent and warrant that neither the content you use to create any Custom Games or upload to the Service, nor the compilation, arrangement or display of such content (collectively, the “User Content”), infringes or will infringe any copyright, trademark, patent, trade secret or other intellectual property right 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 or otherwise objectionable or inappropriate.\n iv. Custom Game developers cannot develop Custom Games for profit at this time. Accordingly, a Custom Game cannot be sold, licensed, rented, nor can the Custom Game contain features that would support purchase transactions of any tangible or intangible content.\n b. Community Tournaments: In order to support local e-sports tournament activities, Spry Fox hereby grants you a limited, revocable license and right to organize and host small, community tournaments, or a series of tournaments utilizing certain Games (“Community Tournaments”) subject to your compliance with the following conditions:\n i. The total value of all prizes to be awarded during a Community Tournament must be less than Ten Thousand Dollars ($10,000.00 USD) or the equivalent;\n ii. You may not charge fees of any kind for spectators to watch the Community Tournament;\n iii. A Community Tournament cannot be sponsored by any companies that sell or promote any of the following products: Pornography (or extremely mature materials); alcohol; tobacco; firearms; competitive online computer games; gambling websites; or any company that is detrimental to Spry Fox’s business (hacking, gold services, account selling, key sellers);\n iv. Community Tournaments must comply with all applicable laws and regulations; and\n v. The rules of the Community Tournament must promote fairness such that skill in playing the Game is what determines who will win or lose a match in the Community Tournament.\n c. Beta Testing Pre-Release Versions of Games: Certain pre-release versions of Games may be made available to you through the Spry Fox Network for testing (“Beta Testing”). Beta Testing through the Spry Fox Network will be governed by the following:\n i. Eligibility: In order to participate in a Beta Test, you must meet the following requirements:\n 1. Spry Fox must designate you as a Beta tester;\n 2. You agree to allow Spry Fox to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “System”) prior to registration for the Beta Test in order for Spry Fox to determine if you are eligible to participate in the Beta.\n ii. Acknowledgments: You acknowledge that:\n 1. the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;\n 2. you have, or will, back-up your hard drive prior to installation of the Beta;\n 3. you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;\n 4. Spry Fox is not liable in any way for the loss of data or damage to the System, interruptions due to a lost connection to Spry Fox Network, software or hardware failures, or loss of data or disruption of the player’s ability to connect to Spry Fox Network;\n 5. Spry Fox may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, chat, email, message board postings, etc.;\n 6. Spry Fox may delete or modify the information stored by the Spry Fox Network or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;\n 7. Spry Fox may transfer software program files to the System, including a program that will collect and send Spry Fox CPU, RAM, operating system, video card, and sound card information from the System; and\n 8. You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Spry Fox’s express authorization.\n iii. Termination: Spry Fox can terminate a Beta Test at any time. When Spry Fox terminates a Beta Test, you must delete the Beta and all documents and materials you received from Spry Fox in connection with the Beta Test, and you may be asked by Spry Fox to remove any elements of the Beta from any hard drives on which the Beta has been installed. You agree and acknowledge that Spry Fox’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, refunds for time purchased to access World of Warcraft, etc.\n iv. Sections of the Agreement Applicable to Beta Tests: When participating in a Beta Test, the terms of this Section 1(D)(II)(c) shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this.\n 2. SPRY FOX’S OWNERSHIP.Spry Fox is the owner or licensee of all right, title, and interest in and to the Spry Fox Network, the Games, Accounts, and all of the features and components thereof. The Spry Fox Network and the Games may contain materials licensed by third-parties to Spry Fox, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Spry Fox Network and/or the Games, are owned or licensed by Spry Fox:\n A. All virtual content appearing within the Spry Fox Network or the Games, such as:\n I. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;\n II. Narrations: Themes, concepts, stories, and storylines;\n III. Characters: The names, likenesses, inventories, and catch phrases of Game characters;\n IV. Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;\n B. All data and communications generated by, or occurring through, the Spry Fox Network or the Games;\n C. All sounds, musical compositions, recordings, and sound effects originating in the Spry Fox Network or the Games;\n D. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;\n E. Computer code, including but not limited to “Applets” and source code;\n F. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Spry Fox Network or the Games;\n G. All Accounts. Note that Spry Fox owns all Accounts, and that all use of an Account shall inure to Spry Fox’s benefit. Spry Fox does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;\n H. All Moral Rights that relate to the Spry Fox Network or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and\n I. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Spry Fox Network or the Games, except as expressly set forth in this Agreement or otherwise by Spry Fox in certain contest rules or addendum to this Agreement.\n 3. PRE-LOADED SOFTWARE.Spry Fox Network may contain additional software that requires you to agree to additional terms prior to your use (“Additional Software”).\n A. Installation: You agree that Spry Fox may install Additional Software on your hard drive as part of the installation of the Games, and from time to time during the term of this Agreement.\n B. Use: Unless Spry Fox grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Spry Fox grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement.\n C. Copies: You may make one (1) copy of the Additional Software for archival purposes only.\n 4. CONSENT TO MONITOR.WHEN RUNNING, A GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1(C)(II) ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO SPRY FOX, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) SPRY FOX MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Spry Fox in the event that the Game crashes, including system and driver data, and consent to Spry Fox being able to receive this data.\n 5. LIMITED WARRANTY.\n A. THE SPRY FOX NETWORK, ACCOUNTS, AND THE GAME(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Spry Fox Network and the Game(s) remains with the user.\n B. Notwithstanding the foregoing, Spry Fox warrants up to and including ninety (90) days from the date of your purchase of a license to the Game that the media on which the Game was distributed, if any, shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Spry Fox of proof of purchase of the defective media, Spry Fox will at its option: (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some jurisdictions do not allow the exclusion or limitation of implied warranties so the above limitations may not apply to you.\n C. If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Spry Fox’s option. To submit a warranty claim to Spry Fox, please email support@spryfox.com. The user is responsible for the costs of returning media to Spry Fox.\n 6. LIMITATIONS OF LIABILITY.Spry Fox, its subsidiaries and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Spry Fox Network, Accounts or the Game(s). Spry Fox’s liability shall never exceed the total fees paid by you to Spry Fox during the six (6) months prior to your making a claim against Spry Fox.\n 7. INDEMNITY. You hereby agree to defend and indemnify Spry Fox against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Spry Fox arising out of or from your use of the Spry Fox Network, Account or the Game(s), any specific services or" checkbox_0: I have read and agree with the Steambirds Alliance terms of service title: Steambirds Alliance & Spry Fox Network EULA privacy_policy: body: "Effective Date: May 25, 2018\n \n The following Privacy Policy applies to people:\n - Playing Spry Fox games that link to this Privacy Policy from iTunes, Google Play, or any other service that hosts our games;\n - Using Spry Fox websites;\n - Subscribing to Spry Fox newsletters; or\n - Communicating with Spry Fox by email or other means.\n \n This Privacy Policy describes:\n - The ways we collect personal data about you and why we do so,\n - How we use your personal data, and\n - The choices you have about your personal data.\n \n We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.\n \n By playing Spry Fox games, using Spry Fox websites, subscribing to Spry Fox newsletters, or communicating with Spry Fox, you are expressing your agreement to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree to these terms, please do not engage in those activities.\n \n CONTACT US\n \n If you have questions about data protection, or if you have any requests for resolving issues with your personal data, please contact us via an email to support@spryfox.com.\n \n - Name of the controller: Spry Fox LLC\n - Address: Spry Fox LLC, PO Box 1875, Bellaire, TX 77402-1875\n - Email: support@spryfox.com\n \n THE DATA WE COLLECT\n \n Data you provide\n \n Some of our games, websites, newsletters, and other means of communication enable you to provide some or all of the following information:\n \n - Contact information (such as name and email address)\n - Player name and password\n - Profile information (such as profile photo)\n - Your messages within the game (such as chat logs)\n - Your messages to us about the game (such as logs and player support tickets)\n - Other data you choose to give us (such as data to identify a lost account)\n \n Data we collect automatically:\n \n - Data about your account and game progress\n - Your IP address and mobile device identifiers (such as your device ID, advertising ID, MAC address, IMEI)\n - Data about your device, such as device name and operating system, browser type and language\n - Data we collect with cookies and similar technologies (see more below)\n - General location data\n - Precise geo-location data (GPS, with your consent)\n - Data about your use of the game or website, such as gameplay data and your interactions with other players inside the game\n \n In most cases, we also create a Spry Fox-specific ID for you when you play our games.\n \n Data we collect from our partners:\n \n - Data we receive if you link a third-party tool with the game (such as Facebook, WeChat or Google)\n - Demographic data (such as to determine the coarse location of your IP address)\n - Data to fight fraud (such as refund abuse in games or click fraud in advertising)\n - Data from platforms that the games run on (such as to verify payment)\n - Data for advertising and analytics purposes, so we can serve you better\n \n Invite a friend\n \n Spry Fox may offer you the opportunity to invite your contacts from a social networking service (such as your Facebook friends) so that those contacts can be located in Spry Fox games and/or you can invite them to join you in Spry Fox games. Such contact information will be used for the purpose of sending communications to the addressee.\n \n Communications\n \n We may collect your email address when you contact our customer service group, or if you subscribe to Spry Fox newsletters or forums. We may use that email address to contact you about your gaming experience with Spry Fox games and notify you about company news and promotions. If you no longer wish to receive those sorts of email notifications, you may opt-out at any time by following the unsubscribe link located within communications that have such a link, or by emailing support@spryfox.com.\n \n Push notifications\n \n We may occasionally send you push notifications through our mobile applications to send you game updates, high scores and other service-related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings.\n \n WHY DO WE COLLECT YOUR DATA\n \n To make the game work and provide you services\n \n To perform the contract, we process data necessary to:\n \n - Create accounts and allow you to play our games and use our services\n - Operate the games and services\n - Verify and confirm payments\n - Provide and deliver products and services you request\n - Send you communications\n \n To make the game more suitable for our players\n \n To provide a great game to our players, we have a legitimate interest to collect and process necessary data to:\n \n - Update and develop player profiles\n - Develop and improve the game and player experience\n - Manage our relationship with you\n - Provide social features as part of the game\n - Customize your experience\n - Respond to your comments and questions and provide player support\n - Provide you Spry Fox offers in the game as well as in other websites and services, and by email\n - Send you related information, such as updates, security alerts, and support messages\n - Enable you to communicate with other players\n \n To show personalized advertisements\n \n To show you personalized advertisements in the game as well as in other websites and services (including email) we have a legitimate interest to process necessary data to:\n \n - Track the content you access in connection with the game and your online behavior\n - Deliver, target and improve our advertising and the game\n \n For information on how to opt-out from personalized advertisements, see section ‘Your rights and options’ below.\n \n To keep the game safe and fair\n \n Ensuring a level playing field in the game is a top priority for us. In order to keep the game and its social features safe and fair, to fight fraud and ensure acceptable use otherwise, we have a legitimate interest to process necessary data to:\n \n - Analyze and monitor use of the game and its social features\n - Moderate chats either automatically or manually\n - Take action against fraudulent or misbehaving players\n \n To analyze, profile, and segment\n \n In all of the above cases and purposes, we may analyze, profile and segment all collected data.\n \n With your consent\n \n With your consent, we may process your data for additional purposes, such as using your GPS location to show you local events.\n \n WHO CAN SEE YOUR DATA\n \n Apart from Spry Fox, your data can be accessed by others in the following situations:\n \n Other players and users\n \n Social features and/or multiplayer are a core component of some of our games. Other players and users may, for example, see your profile data, in-game activities and read the messages you have posted.\n \n Partners working for Spry Fox\n \n Spry Fox has partners to perform services for us. These partners process your data only at and according to Spry Fox’s instructions to support the game, such as hosting, player support, analytics and fraud prevention.\n \n Other companies and public authorities\n \n In order to combat fraud and illegal activity, we may exchange data with other companies and organizations and provide it to public authorities in response to lawful requests. We may also disclose your data based on your consent, to comply with the law or to protect the rights, property or safety of us, our players or others.\n \n Advertising and social media partners\n \n Some games include features from our partners, such as social media interaction tools and in-game advertising. A list of these partners is available at http://spryfox.com/legal-stuff/partner-policies/. These partners may access your data and operate under their own privacy policies. We encourage you to check their privacy policies to learn more about their data processing practices.\n \n Financial activity\n \n Spry Fox may share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company. You will be notified via email and/or notice on our site of any change in ownership or users of your personal information.\n \n Aggregate or anonymous information\n \n We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.\n \n YOUR RIGHTS AND OPTIONS\n \n Opt-out of marketing emails and other direct marketing\n \n You may opt-out of receiving promotional communications, such as marketing emails from us, by following the instructions in such communications.\n \n Opt-out of targeted advertising\n \n You can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device and selecting “limit ad tracking” (Apple iOS) or “opt-out of interest based ads” (Android). Additionally, please visit http://aboutads.info/appchoices to learn about and download the Digital Advertising Alliance’s consumer choice app, AppChoices, which allows you to opt out directly from companies listed in the app.\n \n Access the personal data we hold about you\n \n If you request, we will provide you a copy of your personal data in an electronic format.\n \n Your other rights\n \n You also have the right to correct your data, have your data deleted, and object to how we use or share your data by emailing support@spryfox.com.\n \n COOKIES AND SIMILAR TECHNOLOGIES\n \n Like most online services, we and our partners use cookies and similar technologies to provide and personalize our websites and games, analyze use, target advertisements, and prevent fraud. You can disable cookies in your browser settings, but some parts our websites and games may then not function properly.\n \n HOW DO WE PROTECT YOUR DATA\n \n Security safeguards\n \n Spry Fox takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.\n \n Although we make good faith efforts to store the information collected on the games in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.\n \n Data retention\n \n We retain your data for as long as your account is active or as needed to provide you services.\n \n Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.\n \n AGE LIMITS\n \n We do not knowingly collect or solicit personal data from anyone under the age of 13. If you are under 13, please do not send any data about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal data. If we learn that we have collected personal data about a child under age 13, we will delete that data as quickly as possible. If you believe that we might have any data from or about a child under the age of 13, please contact us at support@spryfox.com.\n \n For additional tips on how to help children stay safe on the Internet, we recommend that you visit the following sites:\n \n http://www.ftc.gov/privacy/privacyinitiatives/childrens.html\n http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec14.shtm\n http://www.onguardonline.gov/features/feature-0002-featured-info-parents\n \n QUESTIONS? COMMENTS?\n \n If you have any questions or comments regarding this Privacy Policy, feel free to contact us at support@spryfox.com" checkbox_0: I have read and agree with the Spry Fox Privacy Policy title: Spry Fox Privacy Policy