Red Spear Studios Terms of Service for Task Force Elite Game.
Effective Date: 19 December 2019
Introduction
These Terms of Service (“Terms”) govern your access to and use of the game “Tip of the Spear: Task Force Elite” (“Game”) provided by Red Spear Studios (“Red Spear,” “we,” “us,” or “our”), formerly known as Red Jake Studios. By accessing or using the Game, you agree to be bound by these Terms.
Eligibility
You must be at least 16 years of age to access and use the Game. By agreeing to these Terms, you represent and warrant that you are at least 16 years of age.
Account Registration
To access and use certain features of the Game, you may be required to create an account (“Account”). You agree to provide accurate and complete information when creating your Account and to update your information as necessary. You are responsible for maintaining the confidentiality of your Account and for any activity that occurs through your Account. You agree to notify us immediately of any unauthorized access or use of your Account.
User Conduct
You agree not to engage in any of the following prohibited activities:
a. Using the Game for any purpose that is illegal, harmful, or offensive;
b. Engaging in any form of harassment, discrimination, or defamation;
c. Cheating, exploiting, or using unauthorized software or modifications;
d. Attempting to interfere with the operation or security of the Game or our servers;
e. Impersonating another person or entity or misrepresenting your affiliation with a person or entity;
f. Violating the intellectual property rights of Red Spear or any third party;
g. Spamming, soliciting, or advertising within the Game;
h. Sharing personal information about yourself or others;
i. Disrupting the Game experience for other players; or
j. Circumventing or attempting to circumvent any measures we take to enforce these Terms.
We reserve the right to suspend or terminate your access to the Game for any reason, including for violations of these Terms.
License Grant
Subject to these Terms, Red Spear grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Game for your personal, non-commercial use on compatible devices that you own or control.
Intellectual Property
All intellectual property rights in the Game, including but not limited to copyrights, trademarks, and trade secrets, are owned by Red Spear and its licensors. You agree not to use, copy, distribute, or create derivative works of the Game, except as expressly permitted by these Terms.
User Content
You are solely responsible for any content that you create, submit, or share within the Game (“User Content”). By submitting User Content, you grant Red Spear a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform your User Content in connection with the Game and our business.
Termination
We reserve the right to terminate your access to the Game at any time and for any reason, including for violations of these Terms. Upon termination, all rights granted to you under these Terms will cease.
Disclaimers
The Game is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
To the maximum extent permitted by law, Red Spear and its licensors, affiliates, and partners shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to, use of, or inability to use the Game, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, even if Red Spear has been advised of the possibility of such damages. In no event shall Red Spear’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the Game.
Indemnification
You agree to indemnify, defend, and hold harmless Red Spear, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Game, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Red Spear is located, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the jurisdiction in which Red Spear is located and waive any objection to the venue of such courts.
Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through the Game or by other means, such as email. Your continued use of the Game after any changes to the Terms become effective constitutes your acceptance of the revised Terms.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Red Spear to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions, concerns, or comments about these Terms or the Game, please contact us at [Contact Email Address].
Entire Agreement
These Terms, along with any additional terms and conditions that may apply to specific features or services within the Game, constitute the entire agreement between you and Red Spear regarding your access to and use of the Game, superseding any prior agreements between you and Red Spear relating to your access to and use of the Game.
Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Red Spear. Red Spear may freely assign or transfer its rights and obligations under these Terms without restriction.
Force Majeure
Neither party will be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond their reasonable control, including acts of God, labor disputes, or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Third-Party Content and Services
The Game may contain links to third-party websites or services that are not owned or controlled by Red Spear. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Red Spear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
Virtual Goods and In-Game Purchases
The Game may offer the ability to purchase virtual goods, such as in-game currency, items, or services (“Virtual Goods”). Virtual Goods are licensed to you under the same limited, non-exclusive, non-transferable, non-sublicensable license granted in Section 5 of these Terms. All purchases of Virtual Goods are final, and no refunds or exchanges will be provided, except as required by applicable law. Virtual Goods may not be sold, transferred, or exchanged for real money or other items of value outside the Game. Red Spear has the right to manage, regulate, control, or modify Virtual Goods in its sole discretion and shall have no liability to you for the exercise of such rights.
Updates and Modifications
Red Spear may, in its sole discretion, provide updates, patches, or modifications to the Game, which may be automatically downloaded and installed on your device. You agree that Red Spear may update or modify the Game without providing notice or obtaining your consent. You also acknowledge that such updates or modifications may change or remove features or functionality of the Game.
Feedback
We welcome your feedback, suggestions, and ideas about the Game. By submitting any feedback or suggestions to Red Spear, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the feedback and suggestions for any purpose without compensation or attribution to you.
Dispute Resolution
a. Informal Resolution: If you have any dispute with Red Spear arising out of or relating to these Terms or your use of the Game, you agree to notify us and attempt to resolve the dispute informally by contacting [Contact Email Address]. We will respond and attempt to resolve the dispute within a reasonable time frame.
b. Arbitration: If the informal resolution process described in Section 24(a) does not resolve the dispute, you and Red Spear agree to resolve any claims relating to these Terms, the Game, or your relationship with Red Spear through final and binding arbitration. The arbitration shall be conducted under the rules of the arbitration body selected by Red Spear, and the arbitration shall take place in the jurisdiction in which Red Spear is located.
c. Class Action Waiver: You and Red Spear agree that any claims or disputes arising out of these Terms or your use of the Game must be brought individually and not as part of any class, collective, or representative action. Further, unless both you and Red Spear agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, or representative proceeding.
Notices
You consent to receive communications from Red Spear electronically, and you agree that we may communicate with you by email or by posting notices on the Game. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Survival
Sections 6 (Intellectual Property), 7 (User Content), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law and Jurisdiction), 17 (Entire Agreement), 19 (Force Majeure), 20 (Third-Party Content and Services), 21 (Virtual Goods and In-Game Purchases), and 24 (Dispute Resolution) of these Terms shall survive any termination or expiration of these Terms.
Language
These Terms are written in English. In the event of any inconsistency between the English version and any translated version of these Terms, the English version shall control to the extent permitted by applicable law.
No Partnership or Agency
Nothing in these Terms creates or implies any partnership, agency, or joint venture between you and Red Spear. You and Red Spear are independent contractors, and nothing in these Terms shall be construed as creating an employer-employee relationship between you and Red Spear.
Export Compliance
You acknowledge and agree that the Game and any related technical information, documents, and materials may be subject to export controls and restrictions under applicable law. You represent and warrant that you (a) are not located in a country that is subject to a government embargo or that has been designated by the applicable government as a “terrorist supporting” country; and (b) are not listed on any government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export restrictions and regulations and not to transfer or authorize the transfer of the Game to a prohibited country or otherwise in violation of any such restrictions or regulations.
Beta Versions and Test Environments
From time to time, Red Spear may make available pre-release or beta versions of the Game, or test environments related to the Game, for the purpose of testing, development, and improvement (collectively, “Beta Versions”). Your access to and use of any Beta Versions are subject to these Terms and any additional terms and conditions that may apply to such Beta Versions. Red Spear makes no warranties or representations about the quality, performance, or suitability of any Beta Versions, and your use of any Beta Versions is at your own risk. Red Spear reserves the right to modify, suspend, or discontinue any Beta Versions at any time without notice or liability to you.
Miscellaneous
These Terms, together with any additional terms and conditions that may apply to specific features or services within the Game, constitute the entire agreement between you and Red Spear regarding your access to and use of the Game and supersede any prior agreements between you and Red Spear relating to your access to and use of the Game. The failure of Red Spear to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Game or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
By using the Game, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Game.