1. DEFINITIONS

We collect non-personally-identifiable (anonymous) information about you, including the following:

  1. "Account" means any account provided by Stompy Bot Productions related to the Game.
  2. "Account ID" means any designation by which Stompy Bot Productions may identify an Account.
  3. "Avatar" means any non-physical, virtual personage or device (e.g., a character or machine) through the manipulation of which a user of the Game participates in the Game (e.g., a wizard character in a fantasy role-playing game or a gear in a gear-based first-person shooter game).
  4. "Callsign" means any gamertag, handle, name, player identification, or other designation that can be used to identify an Avatar or a user of the Game.
  5. "Content" means any portion of the Game or Game-related material that is neither a Service nor Software, including any Avatar, Forum, Team, Virtual Currency, or any characteristic or other portion of any of the foregoing.
  6. "Customer Support" means Heavy Gear Assault Customer Support, as notified, for purposes of this User Agreement, by an email sent to userreport@heavygear.com. Other notification methods may be specified in other applicable documents.
  7. "Forum" means any electronic source of information related to the Game, whether or not provided by Stompy Bot Productions, including any bulletin board, chat room, message board, post, thread, Usenet network website, wiki, or other gearanism for the electronic distribution of information related to the Game.
  8. "Forum ID" means any Forum designation that can be used to identify the source of information published on a Forum.
  9. "Game" means the free-to-choose multi-player online video game currently titled "Heavy Gear Assault", any Content, Service, or Software related to Heavy Gear Assault, and any portion of any of the foregoing.
  10. "Game-Related Website" means any website, regardless of its content (including Forums), hosted, maintained, or operated by Stompy Bot Productions in connection with the Game or for the benefit of users of the Game.
  11. "Gaming Bot" means any third-party automation software not approved for use by Stompy Bot Productions designed to change or modify operation of the Game or a Game-Related Website, including software that automates gameplay functions (including chatting or gathering items within the Game environment).
  12. "IP Right" means any intellectual property right, including any copyright, database right, domain name, industrial design right, moral right, patent, service mark, trademark, trade name, trade secret, any other similar right recognized by law, and any combination of the foregoing.
  13. "Malware" means any adware, bloatware, computer virus, crimeware, malware, rootkit, scareware, spyware, Trojan horse, worm, or other program installed in a way that causes executable code of any program to use or to be scheduled to use processor cycles during periods of time when such program is not directly or indirectly being used with the effective consent of the user.
  14. "Stompy Bot Productions" means Stompy Bot Productions, Inc., a New Brunswick corporation.
  15. "Stompy Protected Party" means any, and "Stompy Protected Parties" means all, of the following: Stompy Bot Productions; any third party under agreement with Stompy Bot Productions; any parent, subsidiary, or other affiliate of Stompy Bot Productions; or any agent, customer, director, distributor, employee, licensee, officer, shareholder, or supplier of any of the foregoing.
  16. "Privacy Policy" means the Stompy Bot Productions policy regarding privacy in effect from time to time, the current version of which is found at http://www.heavygear.com/legal/privacy-policy.
  17. "Rules of Conduct" means Stompy Bot Productions rules related to use of the Game, the current version of which is found below.
  18. "Service" means any online service or portion thereof provided by Stompy Bot Productions which relates to the Game.
  19. "Software" means any software provided by Stompy Bot Productions related to the Game, including any, and any portion of any, bug fix, enhancement, modification, new version, patch, update, or upgrade of or to such software, and any software that functions to fix, enhance, install, modify, patch, update, or upgrade any of the foregoing.
  20. "Team" means any set of Avatars or users of the Game that are associated on a temporary, semi-permanent, or permanent basis, including any form of in-Game alliance, class, faction group, guild, house, league, legion, pledge, profession, race, super-group, or the like.
  21. "Virtual Currency" means a virtual medium of exchange that Stompy Bot Productions may, in its absolute and sole discretion, permit You to exchange for Content, Services, or any other thing of value not otherwise available.

2. LIMITED LICENSE - NOT A SALE

We collect non-personally-identifiable (anonymous) information about you, including the following:

  1. General Conditions - You acknowledge (1) that the Game requires You to receive from Stompy Bot Productions certain Content, Service, and Software, (2) that Software may be associated with an access key or serial number that can only be used once, and (3) that You are responsible for supplying any necessary telecommunications connections (such as Internet access) and hardware to use the Game, as well as any costs or expenses related to the foregoing. You further acknowledge that Stompy Bot Productions may, in its absolute and sole discretion, allow You full or partial access to the Game, and may condition such full or partial access upon Your compliance with the provisions in Article 4 and other provisions related to the foregoing.
  2. License not a Sale - You acknowledge that any Stompy Bot Productions license to use the Game is conditioned upon Your agreeing to comply with all provisions of this Agreement. The Game is licensed by Stompy Bot Productions, not sold. All title, and any rights not expressly granted in this Agreement, including any IP Right, are retained by Stompy Bot Productions or third parties under agreement with Stompy Bot Productions. Stompy Bot Productions hereby grants You a revocable, non-exclusive, license for personal and non-commercial use of the Game that is non-transferable except as permitted under Section 9(c). You acknowledge that any such license shall terminate immediately if You breach, violate, or otherwise fail to comply with every provision of this Agreement, and You hereby waive any rights You might otherwise have to notice of termination. If any such license is terminated, Stompy Bot Productions may, in its absolute and sole discretion, modify or delete your Account, all related Content, and any Callsign.
  3. Agreement is a Pre-Condition - You acknowledge that any Stompy Bot Productions license to establish an Account and to use the Game is pre-conditioned upon Your agreement to comply with all provisions of this Agreement and that such license would not exist without Your agreement to comply with all provisions of this Agreement.
  4. Selection and Use of Callsign and IDs - The Game may require at least one Callsign that You may be allowed to select, subject to restrictions imposed in the absolute and sole discretion of Stompy Bot Productions, including the provisions of Section 5(e). You acknowledge that Your license to use or select any Account ID, Avatar, Forum ID, Callsign, or Team, to select characteristics related to any of the foregoing, or to provide any communication or information on any Forum, shall be within the absolute and sole discretion of Stompy Bot Productions. You further acknowledge that Stompy Bot Productions may, in its absolute and sole discretion, choose to modify or to delete Your Account ID, Avatar, Forum ID, Callsign, Team, any characteristic related to any of the foregoing, or any communication or information on any Forum if You are not in compliance with the provisions in Article 4 or any other applicable provision of this Agreement.
  5. Additional License Restrictions - You acknowledge that You will not directly or indirectly:
    1. adapt, decompile, disassemble, reduce to any human-perceivable form, reverse engineer, or translate any Software;
    2. copy or distribute the Game or any portion thereof;
    3. modify, or create a derivative work of or based on, the Game or any portion thereof; or
    4. borrow, grant a security interest in, hypothecate, interconnect, lease, lend, network, pledge, sell, rent, or sub-license, or engage in any activity that could in any way transfer or provide others access to any Content, Service, or Software, including any serial code number, access key, or the like.

3. DURATION OF AGREEMENT; ACCOUNT TERMINATION

  1. Duration - This Agreement shall remain in effect until amended, modified, or terminated by Stompy Bot Productions. Termination of any license granted by Stompy Bot Productions under this Agreement does not affect any other provisions of this Agreement.
  2. Discretionary Account Termination - You may notify Stompy Bot Productions that You wish to terminate an Account by notifying Customer Support of Your desire to do so. Any such request must include Your name, address, contact information, and a reason for the request. Stompy Bot Productions may also, in its absolute and sole discretion, provide other means by which You may choose to provide such notice. Whether or not You wish to terminate an Account, Stompy Bot Productions may at any time or for any reason, in its absolute and sole discretion, delete, modify, or suspend Your Account, Avatar, Forum ID, Callsign, or Team, or any characteristic of any of the foregoing. Termination of an Account under this provision also terminates any license granted by Stompy Bot Productions under this Agreement but does not affect any other provisions of this Agreement.
  3. Account Suspension and/or Termination for Cause - Stompy Bot Productions may delete, suspend, or terminate Your Account, Avatar, Callsign, Forum ID, or Team, or any characteristic of any of the foregoing, for cause (e.g., if You breach, violate, or otherwise fail to comply with any provision of, this Agreement). Any deletion, suspension, or termination under this Section 3(c), as well as the timing thereof, shall be conclusively determined in the absolute and sole discretion of Stompy Bot Productions. Deletion, suspension, or termination of an Account under this provision also suspends and/or terminates (as applicable) any license granted by Stompy Bot Productions under this Agreement but does not affect any other provision of this Agreement.

4. ACCOUNT(S) AND PAYMENTS TO STOMPY BOT PRODUCTIONS

  1. Account(s) - Using the Game requires that You establish and maintain at least one Account. You acknowledge that it is Your responsibility to establish any Account needed for the Game and to comply with any rules for establishing and maintaining such Account(s). You are responsible for any use and related liabilities with respect to any Account with respect to which You check the "I Agree" checkbox, whether or not such use and related liabilities were in any way authorized by You, and it is Your responsibility to safeguard any password or other access control gearanisms You may have related to an Account. Stompy Bot Productions does not ask for such information via e-mail or telephone, but You may have to use it as part of the log-on process for the Game.
  2. Periodic Payments Related to Accounts or the Game - Stompy Bot Productions may, in its absolute and sole discretion, require You to pay to establish or maintain any Account in order to use any Content, Service, or Software. You acknowledge that (i), if You are required to establish or maintain an Account and fail to do so, Stompy Bot Productions may terminate Your Account under Section 3(b), (ii) Stompy Bot Productions may require such payments on any basis it deems appropriate in its absolute and sole discretion, including any per-use or subscription basis, and (iii) Stompy Bot Productions may, at its absolute and sole discretion, establish the timing and form in which such payment must be made, including credit cards or online payment services.
  3. You further acknowledge that Stompy Bot Productions has no obligation to refund any payment, in whole or in part, related to an Account, whether or not such payments were made or authorized by You, for any reason, including interruption or unavailability of Service. Stompy Bot Productions may, in its absolute and sole discretion, terminate under the provisions of Section 3(c) any Account related to any attempt to obtain a refund of any payments, whether such attempts are made by contacting an issuer of credit cards or otherwise, and that Stompy Bot Productions may take any other action it deems appropriate under the circumstances, including recourse by way of any collection agency or credit reporting agency when a refund has been obtained without signed written consent from a legally authorized representative of Stompy Bot Productions.
  4. Game Enhancements, Modifications, Upgrades, and Patches - In addition to any initial payment You may already have made related to the Game or may make under Section 4(b), Stompy Bot Productions may, in its absolute and sole discretion, require You to pay for an enhancement, modification, upgrade, update, or new version the Game and, if You do not, Stompy Bot Productions may terminate Your Account under Section 3(b).
  5. Virtual Currency - You may obtain Virtual Currency from Stompy Bot Productions or a third party authorized by Stompy Bot Productions. The Contents, Services, or other things of value offered by Stompy Bot Productions in exchange for Virtual Currency may be discontinued, modified, or removed from Your Account by Stompy Bot Productions at any time in its absolute and sole discretion.
    1. Stompy Bot Productions may, in its absolute and sole discretion, determine the availability of Virtual Currency with respect to any Account and the availability and characteristics of any Content, Software, or Service for which such Virtual Currency may be or may have been exchanged.
    2. Stompy Bot Productions may, in its absolute and sole discretion, require You to pay for Virtual Currency and may establish the timing and form in which such payment must be made.
    3. If Virtual Currency is made available in relation to the Game, Virtual Currency related to a particular Account will be deleted immediately upon termination of such Account or as such Virtual Currency is used (and, as among different types of Virtual Currency, in the order determined in the absolute and sole discretion of Stompy Bot Productions). You have no rights in or to any Virtual Currency, whether associated with the Account or otherwise, and Stompy Bot Productions may delete Virtual Currency from the Account for any reason, including your failure to comply with this Agreement.
    4. If made available, Virtual Currency may only be available for purchase in limited denominations, and Stompy Bot Productions may require users of Virtual Currency to bear any cost related to the unavailability of smaller denominations than have been made available (i.e., the inability to make "change" to smaller denominations). You are responsible for any taxes that may result from any award of Virtual Currency attributable to You for purposes of taxation.
    5. Stompy Bot Productions may also, in its absolute and sole discretion, make any quantity of Virtual Currency available without purchase in connection with any Account on a limited, promotional, or other basis, including in connection with attendance at events, virtual or otherwise, and gifts from Stompy Bot Productions or third parties, etc. (collectively, "Promotional Virtual Currency"). Stompy Bot Productions may, in its absolute and sole discretion, require you to exchange purchased Virtual Currency in any of Your Accounts before deducting Promotional Virtual Currency from any of Your Accounts.
    6. Stompy Bot Productions may, in its absolute and sole discretion, choose to make available Virtual Currency only for those Accounts in compliance with this Agreement and to limit the amount of Virtual Currency, including Promotional Virtual Currency, that may be obtained in connection with an Account.
    7. You acknowledge that (1) Virtual Currency is digital material with no cash value, (2) no interest is paid or earned with respect to Virtual Currency, (3) Virtual Currency is not personal property, (4) the quantity of Virtual Currency in Your Account may be increased or decreased by Stompy Bot Productions in its absolute and sole discretion for any reason or no reason, (5) You have no right to a refund related to Virtual Currency, (6) there is no right to transfer or exchange Virtual Currency, (7) Stompy Bot Productions may restrict the award or use of Virtual Currency based on Your country of residence or other factors, and (8) Stompy Bot Productions may limit Your license to use Virtual Currency with respect to any Content, Software, Service. You further acknowledge that additional restrictions related to Virtual Currency, as determined in Stompy Bot Productions's absolute and sole discretion, may become applicable if Virtual Currency.
    8. You acknowledge that Stompy Bot Productions has no responsibility with respect to any payments or donations related to the Game that You make to any third party (e.g., with respect to information, services, or content offered or provided by a third party). You further acknowledge that making or attempting to make such payments or donations may also be subject to Article 8.

5. CONDUCT

  1. Reading and Understanding the Rules of Conduct - It is Your responsibility to read, understand, and accept the Rules of Conduct in effect in connection with Your use of the Game. You also acknowledge that each time You check the "I Agree" checkbox You warrant and represent that You have read, understood, and accepted the most recent version of the Rules of Conduct in effect at that time.
  2. Violating or Helping Others to Violate the Rules of Conduct - If You violate or help another to violate the Rules of Conduct, Stompy Bot Productions may, in its absolute and sole discretion, terminate Your Account under Section 3(b) or Section 3(c), as applicable.
  3. Review of Communications - Stompy Bot Productions may, in its absolute and sole discretion, review communications made to Customer Support regarding violations of the Rules of Conduct related to any Account. Stompy Bot Productions may also, in its absolute and sole discretion, provide other means by which it may choose to review communications regarding violations of the Rules of Conduct related to any Account.
  4. Reported Violations of Rules of Conduct - Stompy Bot Productions may take any action or no action in response to communications regarding violations of the Rules of Conduct, including termination of an Account under Section 3(b) or Section 3(c). Stompy Bot Productions has no obligation to explain any decision to take any action or no action. If Stompy Bot Productions, in its absolute and sole discretion, determines that You are associated with a false or non-meritorious report of a violation of the Rules of Conduct, Stompy Bot Productions may take any action against You that it deems appropriate under the circumstances, including termination of Your Account under Section 3(b) or Section 3(c).
  5. In addition to the Rules of Conduct, You acknowledge the following restrictions on Your ability to select any Account ID, Avatar characteristics Forum ID, Callsign, or Team designation, and to provide any communication or information on any Forum:
    1. You may not misrepresent Your identity or otherwise provide Stompy Bot Productions any inaccurate information regarding an Account ID;
    2. You may not select an Account ID, Forum ID, Callsign, or Team designation that would require a license from any third party or that implies any affiliation with Stompy Bot Productions or with any third party with which such affiliation does not exist; and
    3. You may not select an Account ID, Forum ID, Callsign, or Team designation, or provide any communication or information on any Forum, that Stompy Bot Productions, in its absolute and sole discretion, deems to be (1) vulgar, threatening, racist, sexist, or otherwise offensive or likely to be so considered, including by reason of any reference to a deity, political party or movement, or religion, (2) confusing, nonsensical, or context-inappropriate slang, or (3) affiliated with or to reflect a rank, title, or position (e.g., Lieutenant) that is not related to the Game.

Additional restrictions may arise from Stompy's IP Rights and the IP Rights of third parties. If You violate any of the foregoing these restrictions, Stompy Bot Productions may, in its absolute and sole discretion, take any action it deems appropriate under the circumstances, including terminating Your Account under Section 3(b) or Section 3(c) and modifying or deleting any communication or information on any Forum.

6. INTELLECTUAL PROPERTY

  1. You acknowledge and agree that You have no IP Right related to the Game except the limited license provided in Article 2.
  2. You agree that You have no IP Right related to any Account ID, any Forum ID, any communication or information on any Forum provided by You or anyone else, any information, feedback, or communication related to any Avatar or Avatar characteristic, the Game, any combination of the foregoing or parts thereof, or any combination of the foregoing with the Game. To the extent You might otherwise be entitled to such IP Right(s), You hereby grant Stompy Bot Productions an irrevocable, no-charge, exclusive, perpetual, royalty-free, sub-licensable, and worldwide, license and full authorization to exercise all rights of any kind or nature associated with such IP Right(s) and all ancillary and subsidiary rights thereto, in all languages and media, now known or not. Your license to Stompy Bot Productions includes all necessary trademark licenses and copyright licenses needed to display, distribute, prepare derivative works of, publicly perform, and reproduce any the licensed intellectual property, and all patent licenses needed to make, have made, or otherwise export, import, offer to sell, sell, transfer, and use good and services embodying or practicing such intellectual. In addition to the provisions of Article 13 You agree to defend, indemnify, and hold harmless Stompy Bot Productions with respect to any claim by a third party that any such license infringes, misappropriates, or violates any third-party IP Right.

7. PRIVACY AND DATA PROTECTION

  1. It is Your responsibility to read, understand, and accept the Privacy Policy in effect in connection with Your use of the Game. You also acknowledge that each time You check the "I Agree" checkbox You warrant and represent that You have read, understood, and accepted the version of the Privacy Policy in effect at that time.
  2. Stompy Bot Productions may take any action, or no action, in response to any information, feedback, or communication related to the Game, including publicly commenting upon or publishing the foregoing. In addition to the provisions of Article 13 You further agree to defend, indemnify, and hold harmless Stompy Bot Productions with respect to any claim related to any information, feedback, or communications You provide under this Section 7(b).
  3. Stompy Bot Productions has no obligation under any circumstances to monitor Conduct or other activities related to the Game. Stompy Bot Productions may, in its absolute and sole discretion, choose to monitor Conduct or other activities related to the Game. You acknowledge that Stompy Bot Productions may conduct, and you consent to, such monitoring, including monitoring in-Game communications and Forums provided by Stompy Bot Productions as well as third-party Forums and the like. You also acknowledge that Stompy Bot Productions may take any action, or no action, based on such monitoring, including action under Article 5.
  4. Stompy Bot Productions may monitor operation of the Game at any time and in any matter, including monitoring communications and communications interfaces, storage devices, random access memory, or central processing unit processes related to hardware You use with the Game. Such monitoring may also include monitoring for the purposes of detecting any prohibited software or service under Section 8(c) or 8(e). You consent to such monitoring and acknowledge that Stompy Bot Productions may, at any time and in any manner, communicate any information between hardware You use with the Game and any gearanism Stompy Bot Productions may choose for such communications. You also acknowledge that, as a result of such monitoring, Stompy Bot Productions may, in its absolute and sole discretion, take any action, including:
    1. changing any portion of the Game as made available to You or other users of the Game;
    2. seeking recourse against You by way of any proceeding that Stompy Bot Productions deems appropriate under the circumstances; and
    3. determining that You are not in compliance with the provisions of this Agreement and terminating Your account under Section 3(b) or Section 3(c).

8. PROHIBITED ACTIVITIES

You acknowledge that You may not, without signed written consent from a legally authorized representative of Stompy Bot Productions, do any of the following:

  1. Appropriate, violate, or infringe any third-party IP Right;
  2. Use any IP Right of Stompy Bot Productions except as permitted under this Agreement or otherwise permitted in writing by Stompy Bot Productions;
  3. Use, or provide others with, any software for use in the Game environment or on Game-Related Websites which software is not provided or approved by Stompy Bot Productions , including any Gaming Bot;
  4. You may not aid, assist, or cooperate with the use of a Gaming Bot by another user of the Game, including by relaying or storing Virtual Currency or other Content gained through the use of a Gaming Bot.
  5. Use, or provide others with, any "cheat", "exploit", "hack", or "mod" of the Game;
  6. Use, or provide others with, any service related to the Game, including:
    1. any service that interacts with the Software; or
    2. any service that that would change characteristics related to an Avatar, such as increasing the level of an Avatar (also known as power-leveling);
  7. Engage in any activity prohibited under Section 2(e);
  8. Knowingly affect the Game by means of any Malware;
  9. Be a party to any commercial activity related to the Game, including providing or obtaining any Content for commercial purposes;
  10. Use, obtain, or provide data related to operation of the Game, including:
    1. software that reads areas of computer memory or storage devices related to the Game;
    2. software that intercepts or otherwise collects data from or through the Game;
    3. software that redirects communications from any Software or Service; or
    4. software not provided by Stompy Bot Productions which creates or maintains any communication to the Software or Service, including any software that emulates the Software or any part thereof, as well as any server that emulates the Service;
  11. Violate any law or governmental regulation related to the Game;
  12. Institute any arbitration or other proceeding against Stompy Bot Productions except as permitted under this Agreement, including any legal proceeding in court or before an administrative agency;
  13. Provide anyone whose Account was terminated under Section 3(c) any access to the Game; or
  14. Help others violate this Agreement.

9. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT

  1. You warrant and represent that you: (i) are at least 18 years of age and otherwise legally competent to read, understand, and accept the provisions of this Agreement on Your own behalf; (ii) are at least 18 years of age and otherwise legally competent to read, understand, and accept the provisions of this Agreement on Your own behalf and on behalf of a minor age 13-17 whom you are legally permitted to allow to access to the Game; or iii) are a minor age 13 to 17 who has been authorized to check the "I Agree" checkbox under the provisions of Section 9(c).
  2. Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 9(c), only that minor may use that Account. Except as provided in Section 9(c), You may not make any assignment or transfer of rights, obligations, or liabilities related to this Agreement, and any attempt by You to do so is null and void.
  3. If you are at least 18 years of age and otherwise legally competent to read, understand, and accept the provisions of this Agreement on Your own behalf and on behalf of a minor age 13 to 17 whom you are legally permitted to allow to access to the Game, You may choose to allow that minor to use Your Account instead of Your using it, subject to the following provisions:
    1. Each time that minor checks the "I Agree" checkbox he or she is entering into an Agreement with Your consent and on Your behalf and you are responsible for all the provisions the minor has agreed to on Your behalf;
    2. Each time that minor checks the "I Agree" checkbox You are legally responsible for all actions of that minor, including any payments, damages, and/or liabilities related to the actions of that minor;
    3. Both You and the minor are bound by all provisions of any agreement as to which that minor checks the "I Agree" checkbox, and You will have explained the provisions of this Article 9 to the minor, including the fact that both You and the minor are jointly and severally responsible for complying with this Agreement. In addition, You hereby waive all rights to any and all notices under this Agreement that may be provided to that minor, and You agree to pay any and all costs, interests, or attorney's fees Stompy Bot Productions may be entitled to obtain under this Agreement. Accordingly, the definition of "You" under this Agreement includes both and that minor;
    4. In consideration of Stompy Bot Productions's allowing access to the Game by a minor, and in addition to the provisions of Article 13, You hereby guarantee and agree to be responsible for all liabilities of any nature incurred under this Agreement and to defend, indemnify, and hold harmless Stompy Bot Productions with respect thereto, and You acknowledge and agree that such guarantee is a continuing, unconditional, and irrevocable guarantee to pay for and to defend, indemnify, and hold harmless Stompy Bot Productions with respect to any claim related to such liabilities. All rights, remedies, and recourses afforded Stompy Bot Productions by reason of this guarantee or otherwise are separate, cumulative, and non-exclusive. Such rights, remedies, and recourses may be pursued separately, successively, or concurrently, and any action taken by Stompy Bot Productions with respect to such rights, remedies, and recourses shall in no way limit or prejudice any other legal or equitable right, remedy, or recourse which Stompy Bot Productions may have.
  4. You acknowledge that the Game is not intended for minors under age 13, and You will not allow access to the Game, or the viewing of any display thereof, by any minor under age 13.

10. SERVICE AND AVAILABILITY

  1. You acknowledge that Stompy Bot Productions may, in its absolute and sole discretion, provide enhancements, modifications, new versions, patches, upgrades, or updates of or to the Service and that You may be required to accept and/or install the same before You will be able to use the Service.
  2. You acknowledge that the Service may be interrupted for reasons within or beyond the control of Stompy Bot Productions, that Stompy Bot Productions cannot and does not guarantee You will be able to use the Service or any Account whenever You wish to do so, and that Stompy Bot Productions may interrupt the Service for purposes of maintenance or updates and may do so without providing You with notice before such interruption.

11. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU

  1. You acknowledge that the Game is designed and intended to be used for entertainment purposes only and that You understand that You have no fundamental right to use the Game. You warrant and represent that (i) You will not use any Content, Service, or Software to provide any information that could be used, directly or indirectly, by another user of the Game to identify You outside the Game environment, (ii) You will not use any Content, Service, or Software to obtain any information that could be used, directly or indirectly, to identify another user of the Game outside the Game environment, (iii) You understand that there may be communications or information exchanged on Forum and as parts of the Game, known or unknown to Stompy Bot Productions, that may be considered objectionable by some persons, including yourself, (iv) You have no history or pattern of behavior that would lead to use of the Game in an addictive or compulsive manner, and (v) You have no economic, emotional, physical, privacy-related, psychiatric, or psychological condition or circumstance that would be adversely affected by Your use of the Game.
  2. The provisions of this Section 11(a) are essential terms of this Agreement and shall apply to the maximum extent permitted by law. If any of such terms is construed as unenforceable, fails of its essential purpose, or becomes void or detrimental to a Stompy Protected Party, any license You may have under this Agreement shall terminate immediately.

12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND RELEASES

  1. Subject to Section 12(c), any portion of the Game provided by a Stompy Protected Party is provided at Your own risk on an "as available" and "as is" basis in its current condition and without any guarantee, representation, or warranty of any kind or in any way related to correction of defects, error-free or uninterrupted operation, indemnity, service, support, updates, or that it is free from defects or viruses or harmful components of any sort. All such obligations are hereby disclaimed, and You acknowledge agree that all Stompy Protected Parties expressly disclaim all warranties or conditions of any kind, written or oral, express or implied, statutory or existing by operation of law, including any warranties of accuracy, completeness, fitness for a particular purpose or use, merchantability, non-infringement, operability or interoperability, quality, quiet enjoyment, or title. The laws of some states may disallow some or all of such disclaimers, and to the extent such a law applies, such disclaimers do not apply to You. By entering into this Agreement, You accept the foregoing disclaimer of warranties and the allocation of risk inherent therein and agree to release the Stompy Protected Parties from any and all warranties and obligations to the maximum extent permitted by law.
  2. Subject to Section 12(c), in no event shall any Stompy Protected Party be liable for any consequential, direct, exemplary, liquidated, incidental, indirect, punitive, or special damages (including related to procurement of substitute goods or services; loss of use, revenue, data, or profits; or business interruption) however caused or based on whatever theory of liability (including contract, strict liability, tort, or any form of negligence) arising in any way related to this Agreement or use of the Game, even if a remedy fails of its essential purpose and even if advised of the possibility of such damage. The laws of some states may disallow some of all such limitations of liability, and to the extent such a law applies, such limitations of liability do not apply to you. By entering into this Agreement, You accept the foregoing limitation of liability and allocation of risk and agree to release the Stompy Protected Parties from any and all claims, demands, liabilities, and obligations, that may arise under, from, or in any way related to this Agreement, directly or indirectly, in excess of the lesser of: 1) one hundred CANADIAN dollars (CAD $100); or 2) the greatest amount paid by You in connection with one Account in the preceding six (6) months. The foregoing limitations of liability shall apply to the maximum extent permitted by law and are essential terms of this Agreement.
  3. Nothing in this Agreement shall limit Stompy Bot Productions's liability for death or personal injury resulting from its negligence, for fraudulent misrepresentation, or for any liability which cannot be excluded by law.
  4. The provisions of Sections 12(a) and 12(b) are essential terms of this Agreement and shall apply to the maximum extent permitted by law. If any of such terms is construed as unenforceable, fails of its essential purpose, or becomes void or detrimental to a Stompy Protected Party, any license You may have under this Agreement shall terminate immediately.

13. INDEMNIFICATION

  1. You agree to defend, indemnify, and hold harmless the Stompy Protected Parties, as well as any person using the Game, with respect to any and all claims, damages, expenses, injuries, liabilities, and losses (including attorney's fees and costs) that arise under or from or that in any way relate, directly or indirectly, to:
    1. Your failure to comply with any provision of this Agreement, including Article 8;
    2. Your use of the Game; and
    3. Your actions to knowingly affect the Game by means of any Malware.
  2. You acknowledge and further agree that Stompy Bot Productions has no obligation to defend, indemnify, or hold harmless You in any way related to this Agreement, including the use of the Game by You or any other person.

14. DISPUTE RESOLUTION

  1. Informal Resolution - With respect to the resolution of any controversy related to this Agreement ("Dispute"), except as provided in Section 14(c), You agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. You agree to notify Stompy Bot Productions that You wish to resolve a Dispute by notifying Customer Support of Your desire to do so. Any such request must be made to Customer Support and must include Your name, address, contact information, Account ID, any applicable serial code number or access key, an explanation of Your side of the Dispute, and at least one reason why the Dispute should be resolved in Your favor. Based on communications regarding a Dispute, Stompy Bot Productions may, in its absolute and sole discretion, take any action, including termination of an Account under Section 3(b) or Section 3(c). Stompy Bot Productions has no obligation to explain any decision regarding its action or inaction with respect to any Dispute. If You are not satisfied with a decision by Stompy Bot Productions regarding a Dispute, You agree to try to resolve that Dispute informally for at least another thirty (30) days by submitting a request by facsimile to the attention of "Legal Department" at (866) 370-3809 that includes the same information required above to be submitted to Customer Support, plus a statement summarizing such decision. You further agree that Stompy Bot Productions may extend the time to try to resolve a Dispute informally for successive thirty (30) day periods, not to exceed a total of ninety (90) days, by notifying You using the contact information You provided under this Section 14(a).
  2. Mandatory Binding Arbitration - Except as provided in Section 14(c), if the Dispute is not resolved to Your satisfaction informally within the time permitted by Section 14(a), or if Stompy Bot Productions, in its absolute and sole discretion, determines that it will not be possible to satisfactorily resolve the Dispute within such time and Stompy Bot Productions so informs You, The arbitration shall be conducted by a single arbitrator who shall be an impartial attorney. The arbitrator shall complete all proceedings instituted hereunder within six (6) months of initial presentment. The arbitration may be conducted in person (in Seattle, Washington), by submission of documents, by phone, or online, as allowed by the arbitrator and the rules of the AAA. The arbitrator's written opinion (if any) shall be limited to 3,000 words or less. The arbitrator shall have the authority to award the costs of arbitration, including attorney's fees, to the prevailing party. Except as otherwise provided in this Agreement, You and Stompy Bot Productions may by recourse to other proceedings, including legal proceedings in court or before an administrative agency, seek to compel arbitration, stay other proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an award entered by the arbitrator. You understand and agree that You have the right to consult with an attorney of your own choosing regarding this and any other provision in this Agreement and that, if You click the "I Agree" button, this binding arbitration provision will eliminate Your legal right to sue in court or have a jury trial with respect to any Dispute. You and Stompy Bot Productions further acknowledge and agree that this Section 14(b) may only be used with respect to a Dispute between You and Stompy Bot Productions. Accordingly, You and Stompy Bot Productions agree that neither shall attempt to have any other Dispute related to any other party, including any class action, joined to any arbitration in which You are involved. To the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided as a class action.
  3. Prohibited Activities / Exceptions to Informal Discussions and Arbitration - You acknowledge and agree that the provisions of Sections 14(a) and 14(b) are not applicable to (i) any activity related to Article 8, (ii) any Dispute that may arise under or from or that may in any way relate to invasion of privacy, theft, piracy, or other criminal activity by You or any other person or persons acting in concert with You, and (iii) any claim for injunctive relief. You acknowledge that Stompy Bot Productions may cooperate with law enforcement authorities in instances described in item (ii) of the preceding sentence and that You have no legal right or recourse against any Stompy Protected Party in relation to such cooperation.

15. THIRD-PARTY SOFTWARE

You acknowledge that the Game may contain software, content, or other components that are either owned by a third party or in the public domain. Stompy Bot Productions has no proprietary interest in such software or components (individually and collectively "Third Party Software") and, as such, cannot grant You a license to use such Third Party Software. A listing of any such Third Party Software (if applicable) is available to You at heavygear.com/licenses. Your rights in any such Third Party Software are governed by and subject to the terms and conditions set out in the applicable third-party licenses set out at heavygear.com/licenses. By installing or using any such Third Party Software, you acknowledge and agree to comply with such terms and conditions. In addition to any disclaimers set out in such terms and conditions, the disclaimers and limitations of liability set out in Article 12 shall apply to Stompy Protected Parties with respect to such Third Party Software. Stompy Bot Productions is not obligated to provide support services for any such Third Party Software unless Stompy Bot Productions expressly agrees to do so in a separate writing. You agree to indemnify, hold harmless, and defend Stompy Protected Parties from and against any claims or lawsuits that arise or result from Your use or distribution of such Third Party Software from and against losses and other costs associated therewith, including attorneys' fees.

16. GENERAL PROVISIONS

  1. Act of Agreeing; Changes to this Agreement and Related Documents - It is Your responsibility to read, understand, and accept this Agreement. You also acknowledge that each and every time You check the "I Agree" checkbox You represent and warrant that You have read, understood, and accepted the provisions in effect at that time. Section headings in this Agreement are for purposes of convenience only. Unless otherwise indicated, "Section" and "Article" refer to sections and article of this Agreement. You acknowledge that Stompy Bot Productions may, at any time, make changes to this Agreement, the Naming Guidelines, the Rules of Conduct, any applicable privacy policy, and any other documentation governing the relationship between You and Stompy Bot Productions. When such changes are made You will be given an opportunity to accept such changes or not. You will only be permitted to continue playing the Game if you accepted such changes or new documentation when requested.
  2. URI / URL - You acknowledge that Stompy Bot Productions may, at any time in its absolute and sole discretion, change any uniform resource identifier associated with the Game, including the www.Stompy-ent.com uniform resource locator or domain name.
  3. Force Majeure - Both You and Stompy Bot Productions will be excused from any failure to perform any obligation under this Agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of God, or any cause beyond the control of You or Stompy Bot Productions, as the case may be.
  4. Waiver - Signed written consent from a legally authorized representative of Stompy Bot Productions is required to waive any provisions of this Agreement. Any waiver of any provision of this Agreement, intentional or otherwise, on any occasion, will not be deemed a waiver on another occasion or of any other provisions of this Agreement.
  5. No Rule of Strict Construction - Notwithstanding the fact Stompy Bot Productions drafted this Agreement, no rule of strict construction shall be applied against Stompy Bot Productions. If any provision of this Agreement is construed as unenforceable or fails of its essential purpose, such provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be so modified, such provision will be severed and deleted from this Agreement, and the remainder of this Agreement will continue in effect.
  6. Injunctive Relief - You and Stompy Bot Productions acknowledge that a breach of this Agreement may result in irreparable harm and loss, and that upon a breach of this Agreement the non-breaching party may be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this Agreement.
  7. Governing Law and Venue - This Agreement and any controversy related to this Agreement shall be interpreted in accordance with and governed by the laws of the State of Washington or, as appropriate, by federal law as applied by a federal court sitting in Washington, both without regard to Washington choice of law rules. You and Stompy Bot Productions expressly agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to transactions under this Agreement. To the extent not otherwise precluded by Sections 14(a) and 14(b), all Disputes and litigations arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of New Brunswick sitting in Saint John, New Brunswick, and the federal courts sitting therein. Proceedings shall be presented in French only. You and Stompy Bot Productions hereby irrevocably submit to the personal jurisdiction of such courts and irrevocably waive all objections to such venue.
  8. Export Controls - You acknowledge that it is Your responsibility to fully comply with all relevant export laws and regulations of Canada ("Export Laws") so that no part of the Game is exported, directly or indirectly, in violation of Export Laws or intended to be used for any purposes prohibited by the Export Laws.
  9. Notices - Unless otherwise stated in this Agreement, all notices must be made to the Customer Support.
  10. Survival - The following provisions shall survive any expiration or termination of this Agreement and any license or use related to the Game: Sections 4(c) and 4(e) and Articles 11, 12, 13, and 14.

©2013 Stompy Bot Productions, Inc.
1216 Sand Cove Road, Saint John, NB, E2M5V8, CANADA
1 (888) 449-4148