ATLAS Will you make a covenant with Atlas? (Grapeshot User Agreement) |
| Will you make a covenant with Atlas? (Grapeshot User Agreement) Posted: 19 Nov 2020 10:21 AM PST Logged into Atlas this morning to check out the newest trading update, and this User Agreement from Grapeshot popped up: First impressions:
----------------------------------- TERMS OF USE FOR USERS OF THE ATLAS GAME These Terms of Use ("Agreement") govern all access to and use of the ATLAS GAME and its underlying ATLAS PROGRAM (as defined herein), which is controlled and operated by Grapeshot, LLC ("Grapeshot" or "Company"). ALL USERS OF THE ATLAS GAME AND ANY OTHER PART OF THE UNDERLYING ATLAS GAME PROGRAM (AS SUCH TERMS ARE DEFINED HEREIN) HEREBY AGREE THAT THIS AGREEMENT GOVERNS ALL USER'S ACCESS TO, AND USE OF, THE ATLAS GAME AND ANY AND ALL OTHER PARTS OF THE ATLAS GAME PROGRAM. EACH USER HEREBY AGREES THAT USE OF THE ATLAS GAME AND, IF APPLICABLE, ANY OTHER PARTS OF THE ATLAS GAME PROGRAM ARE SUBJECT TO THE USER'S COMPLIANCE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT CAN BE AMENDED AT ANY TIME BY Grapeshot UPON REASONABLE NOTICE. BY CLICKING THE "I AGREE" LINK UPON DOWNLOADING THE ATLAS GAME (AS SUCH TERM IS DEFINED HEREIN), OR BY OTHERWISE DOWNLOADING THE ATLAS GAME, OR BY CONTINUING TO USE THE ATLAS GAME OR ANY OTHER PART OF THE ATLAS GAME PROGRAM, ALL USERS (AS DEFINED BELOW) HEREBY AGREE TO BE AUTOMATICALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IN EXISTENCE ON THE FIRST DATE OF YOUR FIRST USE OF THE ATLAS GAME (THE "EFFECTIVE DATE"). NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY Grapeshot. THUS, IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THE ATLAS GAME OR ANY OTHER PART OF THE ATLAS GAME PROGRAM. THIS IS A LEGALLY BINDING CONTRACT. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
1.1 "Access Right" has the meaning set forth in Section 2.1. 1.2 "Atlas Game" or "Game" means the "Atlas" game operated by or on behalf of Grapeshot. 1.3 "Atlas Game Program" means, collectively, the (i) Atlas Game; and (ii) any of Grapeshot's underlying software program which is used to operate the Atlas Game. 1.4 "Authorized Download of the Game" or an "Authorized Download of the Atlas Game") has the meaning set forth in Section 3. 1.5 "Game Code of Conduct" has the meaning set forth in Section 2.2. 1.6 "Game Content " means collectively: (i) all rule books, manuals or any other user guides which may be provided to Users to provide them with guidance or instructions regarding the use or enjoyment of the Atlas Game; and (ii) any and all other words, data, images, trademarks, tradenames, logos, symbols , information, material and any other content contained in, embodied in, or otherwise used in association with the Atlas Game and any other parts of the Atlas Game Program. 1.7 "Grapeshot IP Assets" has the meaning set forth in Section 6.3. 1.8 "Grapeshot Server" means any servers, other hardware, other computer systems or other software applications which are proprietary to or otherwise used by Grapeshot to support the Atlas Game Program 1.9 "User(s)" or "Game User(s)" mean the individual end users of the Atlas Game. 1.10 "User Information" means any gamer names, logos, data, information, messages, text, works, material or other content that a User may upload, implement or other use as part of the User's use of the Game or any other activities that are associated with the Game.
2.1 Subject to User's strict compliance with all of the terms and conditions of this Agreement and of the Game Code of Conduct, Grapeshot hereby grants to only the specific individual Gamer User (but to no other individual) who has paid for an Authorized Download of the Atlas Game, a personal, limited, non-exclusive, non-sublicenseable, non-assignable, revocable right to access and use only the particular Authorized Download of the Atlas Game, only in the format and version made available by Grapeshot for that Authorized Download, and only for the sole and limited purpose of permitting that particular User to personally play that particular Atlas Game for entertainment purposes only, but for no other purposes whatsoever ("Access Right"). 2.2 User hereby acknowledges and agrees that User's Access Right to use the Atlas Game is hereby explicitly conditioned and subject to User's strict compliance with any and all additional rules or guidelines which may be adopted by Grapeshot from time to time, or at any time, which govern the permissible conduct of all Users of the Atlas Game and which impose any other conditions or limitation on the permissible ways that Users are allowed to use the Atlas Game (the "Game Code of Conduct"). The current version of the Game Code of Conduct is available at this link: https://www.playatlas.com/index.php?/code-of-conduct/ ; provided, however, User acknowledges and agrees that Grapeshot, in its sole discretion, has the right to amend the Game Code of Conduct at any time or from time to time, without providing User with any notice of such amendment and the User shall automatically be bound to such amendment and to the then-current version of the Game Code of Conduct as such appear on Grapeshot's main website. 2.3 User hereby acknowledges and agrees that the foregoing Access Right is further subject to and conditioned as follows: (a) Grapeshot has the right, in its sole discretion, at any time or from time to time, to change, amend, modify, suspend, or discontinue any or all of the features or functionalities of the Game or any other part of the Atlas Game Program, including without limitation discontinuing Grapeshot' support of the entire Game, any other parts of the Atlas Game Program, or any portions thereof (collectively, "Change or Discontinue Support of the Game"); (b) The User acknowledges and agrees that, in the event Grapeshot exercises it right under this Agreement to Change or Discontinue Support of the Game in any way: (i) the Game and/or any other part of the Atlas Game Platform may not operate or function, in whole or in part; and (ii) Grapeshot shall not have any obligation or liability to the User in the event Grapeshot does exercise it right to Change or Discontinue Support of the Game in any way, including without limitation if such action by Grapeshot renders all or any part of the Game or the Atlas Game Program inoperative or non-functioning). 2.4 In addition to any other conditions set forth in this Agreement, the Users agree to the following additional provisions (and the following provisions are further conditions on the User's Access Right): (a) Users are prohibited from posting, distributing, uploading, storing, transmitting, or otherwise disseminating any data, information, messages, text, works, material or other content (including without limitation any User Information) if the foregoing (in Grapeshot sole determination): (i) Is not owned by the User or if the User does not otherwise have the absolute right to use such User Information in association with the Game. (ii) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or any other intellectual property or proprietary right of any party. (iii) Is otherwise unlawful, libelous, defamatory, an invasive of privacy or of any publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable. (iv) Would violate any other rights of any party, would constitute or encourage a criminal offense, or would otherwise violate or create liability under any laws, statutes, ordinances or regulations anywhere. (b) User shall not impersonate any other person or entity or otherwise misrepresent the User's affiliation with a person or entity; (c) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; (d) User will not use the Atlas Game for any purposes not authorized by Grapeshot or otherwise explicitly prohibited by this Agreement or any Game Code of Conduct (e) User will not use the Atlas Game for any other illegal purpose or any fraudulent scheme or transaction. 2.5 Without limiting the generality of any other provisions herein, User further agrees to all of the following additional provisions (and the following provisions are further conditions on the User's Access Right): (a)Users are prohibited from violating or attempting to violate the security of the Games, any other part of the Atlas Game Program or any Grapeshot Servers, including without limiting being prohibited from doing any of the following: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network; (iv) attempting to obtain or obtain any data or other content through any means not intentionally made available or provided for by the Atlas Game; or (v) otherwise violate or attempt to violate any security features, protocols, systems or network security associated with the Atlas Game, any other part of the Atlas Game Program or of any Grapeshot Servers. (b) Users are prohibited from sending messages which promote and/or advertise your products or services or sending any other unsolicited messages which are in violation of this Agreement, including without limitation in violation of the Game Code of Conduct. (c) Grapeshot has the right to investigate occurrences that may involve any violations of this Agreement ,including without limitation any matters which could involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in any violations. In addition, Grapeshot reserves the right to cooperate with any and all law enforcement agencies, including complying with requests for information or disclosures or any warrants, court orders or subpoenas (from any party) and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the Atlas Games. By User's use of the Atlas game, the User explicitly authorizes Grapeshot to take such action. 2.6 Each User is solely responsible for obtaining and maintaining any equipment or ancillary services needed to access and use the Atlas Game. 2.7 For clarity, and for the avoidance of doubt, each User: (a) is only permitted to use the Atlas Game solely in accordance with this Agreement (including without limitation the Game Code of Conduct); and (b) is explicitly prohibited from using the Atlas Game: (i) for any purpose other than the lawful entertainment of the individual User; (ii) in any way that is prohibited by this Agreement or by the Game Code of Conduct; (iii) in any manner that could damage, disable, overburden, or impair the Atlas Game or any other part of the Atlas Game Program or any Grapeshot Servers; or (iv) for any unlawful purpose. 2.8 In addition to any other rights granted to Grapeshot pursuant to this Agreement or in law, Grapeshot has the right to immediately: (a) remove any User Information of a User from the Atlas Game which, in Grapeshot's sole determination, violates any provision of this Agreement, any Game Code of Conduct, or any law, statute, ordinance or regulation anywhere; and/or (b) suspend or terminate the Access Rights of a User or otherwise terminate this Agreement for a particular User. 2.9 All rights granted to the User under this Agreement, including without limitation the User's Access Right to use the Atlas Game, will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason, including without limitation any breach by User of this Section 2 of this Agreement.
3.1 Each User is responsible for first downloading and paying for an authorized and legitimate version of the Atlas Game only through an third party game store site ("Authorized Third Party Game Store") which has been approved and authorized by the Company, including without limitation the Microsoft Store/XBox or Steam (hereinafter referred to as an "Authorized Download of the Game" or an "Authorized Download of the Atlas Game"). 3.2 Each User hereby acknowledges and agrees that if User violates or otherwise breaches any agreement or contract with an Authorized Third Party Game Store, including without limitation failing to pay the Authorized Third Party Game Store the full amount charged by the Authorized Third party Game Store to receive an Authorized Download of the Game, then Grapeshot, in its sole discretion: (i) has the right to immediately declare User in material breach of this Agreement; and (ii) Grapeshot has the right to exercise any and all rights under law, equity or contract based on a breach of this Agreement and/or, as a result thereof, User's unauthorized infringement of Grapeshot's copyrights and other intellectual property rights contained in and embodied by the Atlas Game or any other part of the Atlas Game Program.
4.1 All Users acknowledge and agree that all User Information of another Game User used in associate with the Atlas Game: (a) is provided strictly on behalf of that other Gamer User and not as an agent or representative of Grapeshot; and (b) that other Gamer User is solely responsible (and Grapeshot is not responsible in any way) for the accuracy and completeness of such User Information of such other Gamer User 4.2 Each User hereby further acknowledges and agrees that: (a) Grapeshot is not responsible or liable for any damages or losses suffered by a User arising out of the actions or conduct of another Gamer User; and (b) If any such User suffers any damages or losses arising out of any such actions or conduct of any such other Game User, said User will look solely and exclusively to such other Game User to recover any such damages or losses.
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