Terms & Conditions

The Terms & Conditions outline some basic rules for usage of and effective playtesting Otherworld.

Terms

"Website" – the Otherworld official blogsite (this site).

"Software" – any versions of any downloadable demo made available during the alpha and beta phase releases (to include the full version when it’s released).

"Author" – Companion Wulf (me), creator of the Software and Website.

"Materials" – images and text on the Website, including those used in the Software.

"Your Content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts and software), as applicable, that you submit to the Website or Author for the purposes of Playtesting, including but not limited to submission of screenshots, bug fixes and/or suggestions.

"Playtest" – the testing the Software for the purposes of bug finding, critique and review.

"Criteria" – the basic Criteria set for Playtesting applications.

"Terms" – these terms and conditions.

1. Introduction

1.1 These Terms shall govern your use of the Software.

1.2 By using the Website and downloading the Software, you accept the Terms in full; accordingly, if you disagree with the Terms, or any part thereof, you must desist from viewing the Website or downloading the Software.

1.3 You must be at least 18 years of age to Playtest the Software, and meet the Criteria to be eligible for Playtesting.

1.4 By submitting applications for Playtesting, and downloading the Software as it becomes available, you agree to be bound by these Terms and you warrant and represent to the Author that you are at least 18 years of age.

1.5 The Website may use cookies; by using the Website or agreeing to these Terms, you consent to the use of cookies in accordance with the Website’s Privacy Policy.

2. Copyright Notice

2.1 Subject to the specific provisions of these Terms:

(a) the Author owns and controls all the copyright and other intellectual property rights on the Website, the material on the Website, and the contents of the Software;
(b) all copyright and other intellectual property rights on the Website, the material on the Website, and the programs and assets used to create the Software are reserved; and
(c) all other copyright and intellectual property rights not belonging exclusively to the Author remain the property of the original creators, artists and authors.

4. Licences of Use

4.1 You may (subject to the other provisions in these Terms):

(a) view pages from the Website in a web browser and from any device capable of such;
(b) download pages from the Website for the purposes of web browser caching;
(c) print pages from the Website for personal use only;
(d) stream content from the Software when post-beta downloads are available (this does not include pre-alpha, alpha or pre-beta releases of the Software); and
(e) copy limited text and Materials for inclusion on an external website if accompanied by a link directly to the text or Materials; this does not include materials or assets from the Software.

4.2 Except as expressly permitted by Section 4.1 or other provisions in these Terms, you may not:

(a) download or use any Material from the Website or save any such Material to your computer; or
(b) include or make available the Software or any Materials for download on any website or in any compilation, external sources or other forms; and
(c) Share the Software with non-approved Playtesters.

4.3 You may only use the Software for personal use and for Playtesting during the pre-beta phases prior to its public release.

4.4 You may not edit or otherwise modify any Materials or other content from the Software or Website, except for the following purposes:

(a) bug fixes and/or patches;
(b) proof-reading (including grammatical and spelling corrections); and
(c) tweaks and improvements for the Software and overall gameplay.

4.5 Unless you own or control the relevant rights in the Materials, you must not:

(a) republish any Materials from the Website (including replication on another website);
(b) sell, rent or sub-license Material from the Website or the Software;
(c) show any Materials from the Website or Software in public during the pre-alpha, alpha and pre-beta phases of Playtesting;
(d) exploit any Materials from the Website or the Software for commercial purposes; or
(e) redistribute any Materials from the Website or the Software.

4.6 Notwithstanding Section 4.5, you may (provided a link is given to the Materials on the Website):

(a) share Materials only on public websites or social media networks during the post-alpha and post-beta phases of Playtesting; and
(b) use the Materials for the purposes of Playtesting and reviewing the Software during the post-alpha and post-beta phases.

4.7 The Author reserves the right to restrict access to areas of the Website, or indeed the Website in its entirety, at his discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.

4.8 You may not publicly share the Software before the post-beta phases to non-approved Playtesters.

5. Acceptable Use

5.1 You must not:

(a) use the Software or Website in any way or take any action that causes, or may cause, damage to the Software or Website or impairment of performance, availability or accessibility of the Software or Website;
(b) use the Software or Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with unlawful, illegal, fraudulent or harmful activity or purpose; or
(c) use the Software to install, store, host, transmit, send, use, publish or distribute Materials which consist of (or are linked to) any spyware, computer viruses, trojans, worms, keyloggers, rootkit or other malicious code or software.

5.2 You must not use data collected from the Website to contact individuals, companies or other persons or entities, except where applicable under the provisions of the Privacy Policy or without the expressly pre-authorised permission of the individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to the Author through the Website, or in relation to the Website, especially pertaining to the Software or Playtesting, is true, accurate, current, complete and non-misleading.

6. Eligibility and Accessibility

6.1 To be eligible for Playtesting, and to gain access to the Software for Playtesting purposes, under this Section 6, you must:

(a) agree to these Terms;
(b) meet the Criteria;
(c) be at least 18 years of age; and
(d) own a valid and legitimate copy of RPG Maker MV.

6.2 You may apply for Playtesting the Software by completing and submitting the playtesting application form, and clicking on the verification link in the email that the Website will send you upon approval by the Author.

6.3 Upon approval:

(a) you must not allow any other person to use your account to access the limited portions of the Website set aside for Playtesting;
(b) you must not use any other person’s account to access the Website or the Software during the pre-beta phases; and
(c) you must notify the Author in writing immediately if you become aware of, or suspect, any unauthorised use of your account.

7. User IDs and Passwords

Notwithstanding the Privacy Policy:

7.1 If you have been approved for Playtesting and are eligible for an account under the provisions of Section 6, you will be able to provide the Author with a user name or ID of your choice and the Author will submit a secure password via the email address you provided.

7.2 Your user name or ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for, or in connection with, impersonating any other person.

7.3 Your password must be kept confidential and must not be given to any other person.

7.4 You must notify the Author in writing immediately if you become aware of, or suspect, any disclosure of your password. The Author will modify the password and send the new password to you via the email address you provided.

7.5 You are responsible for any activity on the Website arising out of any failure to keep your password confidential, and may be held liable for any losses and/or violations arising from such a failure.

8. Cancellation and Account Suspension

8.1 The Author may at any time, at the Author’s sole discretion, without notice or explanation:

(a) suspend your account and the Software;
(b) restrict access to your account and the Software; and/or
(c) edit your account and/or password.

8.2 You may cancel your account or Playtesting application at any time by sending an email to the Author, with the subject line "Cancellation Request".

8.3 If you breach any provision of these Terms, or if the Author reasonably suspects that you have breached the Terms, he may, at his discretion, limit or restrict your account, Your Content, the Software and eligibility for Playtesting, and take action against you.

9. Your Content: Licence

9.1 You are responsible for the moral rights in Your Content and must not use them to denigrate, troll or otherwise disparage the Software or Author without justifiable or unmitigated reasons; nor must Your Content grossly misrepresent the Software or Author.

9.2 Except under the provisions of the Privacy Policy:

(a) you grant the Author worldwide, non-exclusive and royalty-free licence to use, reproduce, store, modify, publish, translate and distribute Your Content in any existing or future media on and in relation to Playtesting, the Software and this Website; and
(b) you grant the Author the right to bring about actions for infringement of the rights licensed under Section 9.2 (a).

9.3 You hereby waive all your moral and legal rights to Your Content to the maximum extent permitted by applicable laws if, for the purposes of Playtesting, you are deemed in breach of Section 9.1.

9.4 You may edit Your Content – or request an edit from the Author as applicable – to the extent permitted using the editing functionality made available on the Website.

9.5 If you breach any provision of these Terms, or if the Author has reasonable grounds to suspect that you have breached the Terms, in any way, he may, at his discretion, limit or rescind your eligibility to access Your Content and the Software, or suspend or cancel your account (under the provisions of Section 8).

10. Your Content: Rules

10.1 You warrant and represent that Your Content is compatible with these Terms and applicable laws.

10.2 Your Content must not be unlawful or illegal and must not:

(a) infringe on any person’s legal rights;
(b) traduce or otherwise defame another person, company or website; and
(c) be capable of giving rise to, or having cause for, legal action against any person (in any jurisdiction and under any applicable law).

10.3 Your Content, and the use of Your Content, in accordance with these Terms, must not:

(a) be libelous or maliciously false;
(b) be obscene, indecent or unethical;
(c) infringe on any copyright, moral right, database right, trade mark right, design right, or other intellectual property right, except under the provisions of the Fair Use clause.
(d) infringe on any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent or inappropriate representation or statement;
(f) constitute an incitement to commit, or instructions for the commission of, a crime or criminal activity;
(g) be in breach of racial or religious discrimination legislation;
(h) be in breach of any contractual obligation, verbal or written, owed to the Author and any other person associated with the Website and Software, including to these Terms;
(i) be untrue, false, inaccurate or misleading;
(j) constitute spam or be subject to the applicable rules under the Spam Policy;
(k) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, hateful, discriminatory or inflammatory; or
(l) cause annoyance, inconvenience or needless anxiety to any person.

11. Limited Warranties

11.1 The Author does not warrant or represent:

(a) the completeness or accuracy of the information published on the Website or about the Software;
(b) that the Material or content of the Website, or any other website on which the Software is presented, is up-to-date; or
(b) that the Website, Material, Software or any services on or associated with the Website or Software is accurately represented.

11.2 The Author reserves the right to discontinue or alter any or all of the Website and Software, and to cease publication of the Website and Software, at any time at the Author’s sole discretion without notice or explanation.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, the Author excludes all representations and warranties relating to these Terms, the Website and the Software, and the use of the Website and the Software.

12. Limitations and Exclusions of Liability

12.1 Nothing in a contract, or contract form, verbal or written, under these Terms will:

(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit or exclude any liabilities in any way that is not permitted under applicable laws; or
(c) exclude any liabilities that may not be excluded under applicable laws.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract, or contract form, verbal or written, under these Terms:

(a) are subject to Section 12.1; and
(b) shall govern all liabilities arising under that contract or relating to the subject matter of that contract, verbal or written, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

12.3 To the extent that the Website, Software and services on the Website are provided free of charge, the Author will not be liable for any loss or damage of any nature.

12.4 The Author will not be liable to you in respect of any losses arising out of your negligence or out of any event, or events, beyond his reasonable control.

12.5 The Author will not be liable to you in respect of any monetary losses, including (without limitation) loss of or damage to income, revenue, use, production, business or affiliate contracts, commercial opportunities or goodwill.

12.6 The Author will not be liable to you in respect of any loss or corruption of any data or the Software, especially as a result of negligence or irresponsibility.

12.7 The Author will not be liable to you for any special, indirect or consequential loss or damage.

12.8 You accept that the Author is an independent game developer and, having regard to that interest, you acknowledge that he may employ the services of other developers; you agree that you will not bring any claim personally against the Author or employees, or affiliates, in liability of them for the acts and omissions of the Author or employees or affiliates.

13. Breaches of These Terms

13.1 Without prejudice to the Website’s other rights under these Terms, if you breach these Terms in any way, or if the Author reasonably suspects that you have breached these Terms in any way, he may:

(a) send you one or more formal warnings (no more than three);
(b) reasonably attempt on resolving any such breaches, especially under Section 13.1 (a);
(b) temporarily suspend or limit your account and/or access to the Website and Software;
(c) permanently prohibit you from accessing the Website and Software;
(d) suspend or delete your account on the Website;
(e) contact any or all of your Internet Service Providers and request that they block your access to the Website and Software; and/or
(f) commence legal action against you, whether for breach of these Terms, breach of contracts, verbal or written, or other sections in these Terms.

13.2 Where the Author suspends, limits or prohibits, or blocks your access to the Website, a part of the Website, or the Software, you must not take any action to circumvent such suspension, limitation or prohibition, or blocking (including without limitation creating and/or using a different account).

13.3 Where the Author suspends, limits or prohibits, or blocks your access to the Website, a part of the Website, or the Software, you must not take retaliatory or punitive actions against the Website, the Software or the Author.

14. Revisions

14.1 The Author may revise these Terms at any time.

14.2 Any revisions made to the Terms shall apply to:

(a) the use of the Website from the date of publication of the revised Terms on the Website; and
(b) the Software from the date of release, including any alpha or beta releases and any full game releases.

14.3 If you have given your express agreement to the Terms, the Author may notify you of any revisions to these Terms in writing, via the email address you provided, and the revised Terms will apply to the use of the Website and the Software from the date on which the revised Terms were given.

14.4 If you do not give your express agreement to the revised Terms within such period as the Author may specify, the Author will bear no responsibility for your refusal and clauses from Sections 12 & 13 may be applied, which may result in the suspension, limitation or deletion of your account.

15. Assignment

15.1 You hereby agree that the Author may assign, transfer, modify or otherwise deal with your rights and/or obligations under these Terms.

15.2 You may not without the Author’s prior written consent assign, transfer, share or use Materials deemed as rights and/or obligations under these Terms.

16. Third Party Rights

16.1 The provisions under these Terms for Playtesting and the Software is for the Author’s and your benefit, and is not intended to benefit or be enforceable by any unapproved third party.

16.2 The contractual exercise of the Author’s and the Playtesters’ rights under these Terms is not subject to the consent of any third party.

16.3 Third parties and third party companies may, at their discretion, notify the Author in writing of any violations of copyright (including but not limited to graphics and music) on the Website, in the Software and/or by the Playtesters.

17. Entire Agreement

17.1 By agreeing to these Terms, you are entering into a legally binding contract with the Author with regard specifically to the use of the Website, the Software and Playtesting.

17.2 Subject to Section 12.1, these Terms, along with the Privacy Policy, this shall constitute the entire agreement between the Author and the Playtesters in relation to your use of the Website and Software, and shall supersede all previous agreements between the Author and the Playtesters in relation to your use of the Website and Software.

18. Law and Jurisdiction

18.1 A contract under these Terms shall be governed by and construed in accordance with English and Welsh law.

18.2 Any legal disputes relating to a contract under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Statutory and Regulatory Disclosures

19.1 The Author is registered under the pseudonym "Companion Wulf".

19.2 The Website is owned and operated by the Author.

19.3 You can contact the Author only by using the Website contact form, subject to the Privacy Policy and Spam Policy.

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