Brain Jar Games™
End User License Agreement
Open Game Demo
Dead as Disco™


Welcome to the open demonstration for the video game under development that is presently referred to as Dead as Disco. Brain Jar Games, Inc. is the publisher of Dead as Disco and by way of the game demo website (the “Site”), has made one or more pre-release version(s) of the Dead as Disco video game (the “Game”) available for you to access and play. As noted, this is a pre-release development version of the Game and is being made available as a demo, before it is completed and commercially released, including, among other things, to test the features, game play, capabilities and performance of the Game, evaluate the Game and for you to provide feedback and comments (“Demo”).

This end user license agreement (the “Agreement”), as may be amended by Brain Jar Games from time to time, is an agreement between you (“you” or “your”) and us, including our affiliated, related and parent entities, members, licensors, licensees, investors, distributors, successors and assigns (collectively “BJG”, “we” or “us”) entered into as of the earlier of the date you first accepted this Agreement or accessed or secured a copy of the Game (“Effective Date”). This Agreement describes the terms under which BJG offers you, on a temporary basis, access to and use of the Game and Site, and participation in the Demo.

Please read the following terms and conditions very carefully. BY CLICKING THE “I AGREE” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOUR USE OF THE GAME AND/OR SITE IS GOVERNED AND LIMITED BY THIS AGREEMENT, AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE “I AGREE” BUTTON, AND DO NOT ACCESS OR ATTEMPT TO ACCESS THE GAME, THE SITE OR PARTICIPATE IN THE DEMO. BY DOWNLOADING, INSTALLING, OR USING ANY PORTION OF THE GAME, ACCESSING THE SITE OR PARTICIPATING IN THE DEMO, YOU AGREE TO THE ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Accordingly, you agree and acknowledge as follows:
1. You are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration or any form of compensation from BJG whatsoever other than what is expressly provided for in this Agreement;
2. You may need access to the Internet in order to participate in the Demo or otherwise access the Game and/or the Site, fees may apply, and BJG is not obligated to provide you with any access to the Internet or otherwise make the Game and/or the Site available to you or pay for or reimburse any applicable fees (and, as between the parties, all such fees are solely your responsibility);
3. This Agreement is a binding contract between you and BJG, provided that BJG may, in its discretion and at any time before or during the Demo, accept or reject or rescind your access to Game (or terminate your participation in the Demo);
4. The Game and the Site, including, without limitation, certain other information or materials that you may be provided or to which you may become aware during the course of the Demo, are, as between the parties the property of BJG and may contain or include certain confidential and/or proprietary information, materials or property of BJG or its licensors, and is not intended for wide public release and not to be used or shared by you in any manner whatsoever (other than as specifically provided in this Agreement);
5. BJG may, in its discretion, reschedule the start date or end date of the Demo or the Demo itself at any time in its discretion, and/or interrupt or suspend or terminate the Demo at any time in its discretion;
6. You acknowledge and agree that you have no interest or expectation of ownership or continued use or access in any achievements, scores, data, music, sounds, virtual items or other material or elements related to your use of the Game, the Site or participation in the Demo. Once your participation in the Demo is completed, BJG reserves the right for you to be obligated to register and/or pay a fee to play or access the commercially released version of the Game. You further agree and acknowledge that none of the achievements, scores, virtual items, imported or uploaded content, materials, sounds or music, or other material in the Game and/or accessible via the Site that were used, imported, uploaded or accessed by you in the Demo will be available to you after the Demo, including, without limitation, in the commercially-released version of the Game;
7. BJG and/or its authorized representatives have the right to (a) upload certain diagnostic information, hardware, software, driver, operating system and related information, including crash logs, from your computer, and (b) monitor and restrict your use of the Game and/or Site, and share usage information regarding you and/or your account with BJG’s authorized representatives, which may include, without limitation, personal information (such as your name, access location and/or email address, or any other information that may identify you, your device and/or your account); you have no expectation of privacy with respect to your use of the Game, Site or participation in the Demo and certain identification information about your computer and its operating system, including, without limitation, your hard drives, central processing unit, internet protocol address(es), browser and browser version, screen resolution and usage location(s), some or all of which may be collected by or on behalf of BJG (e.g., including, without limitation, by way of analytics tools, such as those provided by Google, GameAnalytics or other third parties) and shared with BJG’s authorized representatives. For purposes of clarity, reference in this Agreement to the term “computer” means and/or includes, without limitation, any device with computing capability, such as personal computers, gaming systems, tablets, mobile phones, Smartphones and any other device with computing capability whether now known or hereafter devised. Also for purposes of clarity, reference in this Agreement to the term “authorized representatives” means and/or includes, without limitation, BJG’s affiliated and related entities, business divisions and members, and each of their respective vendors, licensors, licensees, independent contractors, development partners, business partners, suppliers, investors and third parties authorized by BJG to work on or assist with any aspect of BJG’s business, including, without limitation, the Game, the Site and/or the Demo. DO NOT CLICK THE "I AGREE" BUTTON AND DO NOT ACCESS OR USE THE GAME AND/OR SITE OR PARTICIPATE IN THE DEMO IF YOU DO NOT CONSENT AND AGREE TO SUCH UPLOADING, MONITORING, AUDIT RIGHTS AND SHARING OF PERSONAL INFORMATION.
8. You represent and warrant that you are eighteen (18) years of age or older, or, if under eighteen (18) years of age, you are thirteen (13) years of age or older and your parent(s) or legal guardian(s) have reviewed this Agreement and consent to all of its terms and conditions on your behalf. If you are under thirteen (13) years of age, then please do not access or attempt to access the Game or Site or participate in the Demo.
9. You further agree to all of the terms of this Agreement, including without limitation, as set forth below.


1. License Terms.
1.1 License Grant. BJG grants you the non-exclusive, non-transferable, non-assignable, revocable, and limited license to install the Game onto a single computer and to use, play, have fun and display the Game and Site for your personal non-commercial use, and in accordance with the terms and conditions of this Agreement. You may not use, copy, modify, publish, transmit, broadcast, post, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Game except as expressly provided in Section 1.12. Beyond enjoying the Game and having fun, your use of the Game is for testing and evaluation purposes as set forth in Section 1.4. All other rights are reserved to BJG.
1.2 License Restrictions. You shall not:
(a) Sublicense to, transfer, network, transmit, distribute or permit use of the Game or any component or element thereof by any third party (except to the extent provided otherwise in Section 1.12);
(b) Decompile, decrypt, electronically scan, peel semiconductor components, disassemble or otherwise reverse engineer in any manner or attempt to reverse engineer or derive source code from any portion of the Game or the Site or any component or element thereof, including its associated software (or any confidential or proprietary information or materials that may be contained in any of the aforementioned);
(c) Use cheats, hacks, automation software, or any unauthorized software to modify the Game and/or the Site;
(d) Make copies of the Game other than one (1) copy for back-up purposes to be used solely as a replacement for the original copy, provided that you include on the back-up copy all copyright and other notices that are included on the Game and your use of such back-up copy shall be subject to this Agreement;
(e) Remove, disable, or circumvent any proprietary notices or labels contained on or within the Game; circumvent or attempt to circumvent any technological measures in the Game or any accompanying media designed to prevent copying or unauthorized access;
(f) create a false identify for purposes of misleading others, or use the Site or the Game (or any element or portion thereof) to collect, retain or harvest information about others, such as email addresses or phone numbers, among other things;
(g) access the Game and/or Site using another user’s password or account;
(h) transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the computer or other property of another user; or
(i) import or upload into the Game and/or Site any items, materials, tools, technology, software, code, game designs, game play, content, characters, vehicles, weapons, art, avatars, sounds, music or any audio/visual elements that you do not own or (by way of a license) control (“Third Party Materials”), and you hereby (here and in Section 1.10) represent and warrant that you will not do so at any time whatsoever or in any manner, means, language or media now known or hereafter devised.
1.3 Indemnification. You hereby agree to indemnify, defend and hold harmless BJG, including, without limitation, its officers, directors, investors, representatives, contractors, employees, successors and assigns, from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or are in connection with your use of the Game and all other services or activities related thereto in violation of this Agreement.
1.4 Testing and Evaluation Obligations. You hereby agree to perform all of the following obligations: (i) to test, evaluate and analyze the Game and its operation, features, capabilities and performance, (ii) to comply with the reasonable requests of BJG from time to time regarding testing, (iii) to provide feedback and comments to BJG (including, but not limited to, and if requested by BJG, bug reports, test results and an evaluation of the performance of the Game and/or the Site), and (iv) provide BJG with such further documentation and assistance as may reasonably be required by BJG to provide the Demo. All of your feedback and comments shall be the sole and exclusive property of BJG, and BJG shall have the perpetual right to use throughout the universe all or part of your feedback or comments in any manner, means, language or media now known or hereafter devised. Data or other material obtained by you in connection with the Demo may not be available after the Demo has concluded or if this Agreement is otherwise terminated. Additionally, you acknowledge that the Demo may be subject to certain periods of inactivity (and BJG is not obligated to provide notice of such inactivity).
1.5 Personal Data and Information; Monitoring; Privacy Issues. You may be required to provide to BJG or allow BJG to upload on an ongoing basis, as a condition to participation in the Demo, certain personal data and/or information, including, but not limited to, certain specifications of your hardware (“Personal Information”) and you hereby specifically grant BJG the right to upload such information from your computer system during your participation in the Demo, including, without limitation, for the purpose of evaluating, analyzing, maintaining and improving the Game and/or the Site. BJG will use commercially reasonable efforts to protect your Personal Information; however, as with any technology, it cannot guarantee that its systems will not be “hacked”, error-free or otherwise compromised. Without limiting the foregoing and subject to Section 1.6, BJG will not intentionally or knowingly share any such Personal Information with any unaffiliated third parties other than its representatives, whether in connection with the Demo or thereafter. You understand that your communications with others or with BJG, whether through your participation in the Demo, your use of the Game or otherwise, including, without limitation, by way of chats, conferences, instant messages, direct messages, bulletin boards or other form of communication that BJG may make available, etc., are public communications, are not private communications, and, as noted above, you agree that BJG may monitor any such communications and that you have no expectation of privacy with respect to or in connection with any such communications.
1.6 Third-Party Terms. The Game, Site and your participation in the Demo may also be governed by the following license terms, as well as the privacy policies of third parties that provide services to BJG as part of the Demo: (a) Steam: https://store.steampowered.com/subscriber_agreement/ and (b) First Look: https://firstlook.gg/legal/terms, or such other terms as any such third-party may provide to you as part of the Demo. The terms of each such applicable license are incorporated herein by this reference. Should there be any conflict between any such terms and this Agreement, the terms of this Agreement shall control.
1.7 Open Source Licenses. The Game and/or Site may include certain items of third party software that are subject to open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open Source Software.
1.8 Term of the Agreement. Your participation in the Demo, and the grant of license herein, may be terminated by BJG at any time, for any reason or for no reason, in BJG’s sole and absolute discretion, by providing written, electronic or emailed notice to you (provided that it is not a breach of this Agreement if BJG does not provide notice before terminating your participation in the Demo). You may, at any time and for any reason or for no reason, terminate your participation in the Demo by providing written or emailed notice to BJG. The Demo will be terminated upon the earlier of (a) BJG’s written, electronic or emailed notice to you, (b) the completion of the Demo or the Game otherwise no longer being publicly available, or (c) the commercial release of the Game. The termination of your participation in the Demo and/or the termination of the Demo, however, shall not modify or supersede the survival provision in Section 6.1.
1.9 Return of Materials. Upon expiration or termination of the Demo for any reason or no reason, provided that you have not entered into a license agreement with BJG on mutually agreeable terms for the ongoing use of the Game, you will immediately return all copies of the Game and all associated documentation, and any media and documentation that relate to the design, development, operation, testing, or use of the Game or any additions or modifications thereto. You agree to certify your compliance with the foregoing promptly upon BJG’s request.
1.10 Rules of Conduct. You hereby agree to follow all applicable laws, rules and regulations while using and/or accessing the Game and the Site and participating in the Demo, and otherwise behave and conduct yourself in an appropriate manner, as we may determine in our sole discretion. By way of example and without limitation, you are prohibited from uploading, posting, submitting or otherwise making any form of communication (by any form or medium whatsoever, such as messages, texts, instant messages, direct messages, blog posts, email, etc., among others) that: (a) contains any inappropriate, indecent, obscene, foul or unlawful conduct, or sexual content; (b) is defaming, abusing, harassing, threatening, spamming, violating or infringing the rights (including, without limitation any and all intellectual property rights) of others and/or otherwise interfering with others’ use and enjoyment of the Game, the Site and/or participation in the Demo; (c) offers any type of compensation, consideration or prizes, or offers any type of product or service; or (d) contains hacks or cheats, or other information that we consider in our sole discretion to be inappropriate, or that link to other websites that have or claim to have hacks, cheats or other information that we consider in our sole discretion to be inappropriate.
1.11 User Generated Content; No Third Party Materials. If and to the extent that the Game is designed to allow you to import or upload certain content (such as characters, vehicles, weapons, art, avatars, sounds, music or other audio/visual elements (“User Generated Content”)), further to Section 1.2(i), you hereby represent and warrant that the only User Generated Content that you will attempt to import or upload into the Game will be User Generated Content that you created and own or control; you hereby agree and acknowledge that you will not upload or import any Third Party Materials into the Game, Site or as part of the Demo, such being a material breach of this Agreement. As part of your ability to access and play the Game and/or participate in the Demo, you may be asked to acknowledge or affirmatively consent in the Game and/or Demo that all such User Generated Content is entirely created, owned and/or controlled by you and does not contain any Third Party Materials; failure to so acknowledge or consent may result in you losing access to the Game and/or ending your participation in the Demo.
1.12 Game Play Filming, Recording or Streaming. Notwithstanding anything to the contrary set out in Section 1.1 and Section 1.2, and without making any representations or warranties of any kind, including, without limitation, with respect to the clearances of any Third Party Materials that may appear or be heard in or during the Game, you may, at your own and sole risk, film, record or take video of you playing the Game (“Game Play Footage”) and make such publicly available (e.g., post or stream), including to publicly display or perform the Game content, strictly on a non-competitive basis. This includes to platforms that may provide you with a revenue share or some other compensation. Reminder, however, that in so doing you are and will be subject to any and all applicable terms and conditions of the websites, accounts or third party platforms on which or through which you may make your Game Play Footage available; you also remain subject to all other terms and conditions of this Agreement and applicable laws, rules and regulations. Reminder also that your Game Play Footage may contain Third Party Materials or intellectual property that is owned or controlled by others and you agree not to use such in any manner that infringes the rights of the owner or is contrary to any applicable licenses. Accordingly. BJG grants you a limited, non-exclusive, non-transferable, revocable license to broadcast and distribute Game Play Footage on third party platforms (e.g., YouTube, TikTok, Instagram, Facebook, etc.) subject to the following conditions: (a) you may only film, record or stream your Game Play Footage and not any game play of others or the inclusion of others name, image, likeness, silhouette, voice, biography or signature, (b) you must comply with all of the terms and conditions of the platform on which or through which you stream or distribute content or Game Play Footage, and (c) you may not use Game Play Footage in any manner that is defamatory, illegal, harmful or otherwise violates the terms and conditions of this Agreement. The permission and license set out in this section may be revoked at any time for any reason or no reason.


2. Confidentiality.
2.1. Confidential Information. From time to time, your participation in the Demo and/or use of the Game and/or Site may expose you to certain confidential and/or proprietary information, tools, technology, software or materials related to the Game, Site, Demo and/or BJG (including, without limitation, any and all media and documentation that relate to the design, development, operation, testing, or use of the Game and/or the Site or any additions or modifications thereto other than what is intentionally made publicly available), and any and all non-public information received or accessed by you about the business or finances of BJG including, without limitation, all information about (or relating to) the Game, the Site, the Demo, any potential game or site or testing, software, code, documentation, products, services, technology, business plans, existing or proposed projects, and trade secrets of BJG in whatever form, from whatever source (“Confidential Information”). Confidential Information also includes, without limitation, all such information disclosed to you prior to the Effective Date of this Agreement. You understand and agree that Confidential Information constitutes valuable trade secrets of BJG.
2.2. Confidentiality and Non-Disclosure. If and/or when any such Confidential Information is received by you or shared with you, and any other information that by the very nature of the circumstances surrounding its disclosure ought, in good faith, to be understood to be treated as confidential, you agree that:
(a) You are receiving the Confidential Information solely for the purpose of reviewing the Game, participating in the Demo and providing feedback to BJG, and you will, (i) keep the Game, the Site and all other Confidential Information confidential, (ii) not to disclose Confidential Information to any third party and not to permit any third party to view, access or use the Game, the Site or any other Confidential Information, (iii) not use the Game, the Site or any Confidential Information for any purposes other than as expressly authorized in this Agreement, and (d) not take any action that would interfere with BJG's ownership and/or control of the Game, the Site or any Confidential Information (e.g., filing for patents, trademarks or purchasing website domain names);
(b) You will not: (i) disclose any Confidential Information on any blogs, forums or social media sites; (ii) broadcast Confidential Information on Twitch TV or any similar forum or medium except as set out in Section 1.12; (iii) provide access to the Game to third parties; (vi) reverse engineer, modify files, bypass or otherwise circumvent the digital rights management systems (DRM) or any other security or content protection system used in connection with the Game, or bypass time bombs by changing their system clocks; (iv) post videos that you know or have a reason to suspect contain Confidential Information on TikTok, Twitch, Instagram, YouTube, Twitter or through any other medium, including, without limitation, any public or private broadcast or stream; (v) make any disparaging comments about the Game, the developers, the publisher or BJG; or (vi) make any modifications or additions to the Game except with BJG’s express prior written approval or as expressly stated in this Agreement; and
(c) In no event will you use the Game, the Site or any Confidential Information to develop, manufacture, market, sell, or distribute any product or service, or for self-promotion, nor will you discuss, disclose or otherwise transfer any Confidential Information to any person or entity.

Without limiting the foregoing, you shall use at least the same degree of care that you use to prevent the disclosure of your own confidential information of like importance, but in no event less than reasonable care, to prevent the disclosure of Confidential Information.

These obligations exist for the greater of the term of this Agreement set forth in Section 1.8 or for as long as any Confidential Information continues to be maintained as confidential by BJG, which, for clarity, may include after the end of the Demo or even after the commercial release of the Game if and to the extent there remains Confidential Information, but in any event for at least two (2) years after reviewing the Game.
2.3. Liquidated Damages. You acknowledge that any breach of this Section 2 will result in material adverse consequences and material damages to BJG, and as such if you breach this Agreement, you agree to pay liquidated damages (which are the best estimate you and BJG have of the damages such breach will cause) to BJG in the amount of damages caused by such breach by you.
2.4. NO REPRESENTATIONS OR WARRANTIES IN CONFIDENTIAL INFORMATION. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE CONFIDENTIAL INFORMATION HAVE BEEN MADE BY OR ON BEHALF OF BJG AND BJG HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and agree that neither BJG, nor any of its shareholders, directors, officers, employees, authorized representatives, professional advisors, successors or assigns will have any liability to you resulting from your use of the Confidential Information or from any errors or omissions in the Confidential Information.
2.5. Exceptions. Confidential Information shall not include any material or information which, (i) at the time of disclosure or thereafter is generally available to and known by the public (other than as a result of a disclosure, directly or indirectly, by you or on your behalf in violation of this Agreement); (ii) was available to you on a non-confidential basis from a source other than BJG; provided that such source is not and was not bound by a confidentiality obligation owed to BJG; (iii) has been independently acquired or developed by you without violating this Agreement; or (iv) BJG has specifically approved in writing for release by you.
2.6. Other. If and when requested, you will immediately return to BJG any and all Confidential Information. If at any time you become aware of any unauthorized access of the Confidential Information, you will immediately notify BJG and provide all reasonable assistance to BJG to protect BJG's rights in the Confidential Information. In the event you are requested to disclose the Confidential Information by a court or other government action, you shall seek to maintain the Confidential Information by asserting any applicable privileges or restrictions and disclose only the minimal amount of Confidential Information necessary to be in compliance with such a request as determined by legal counsel. In addition, you will immediately notify BJG of the production request, so that you may seek remedies to prevent disclosure of the Confidential Information.


3. Ownership. Except for the revocable limited personal non-commercial license expressly granted hereunder, BJG retains all rights, title and interests in and to the Game and the Site. The Game and the Site are copyrighted and protected by United States copyright laws and international treaty provisions. You acknowledge that the Game and the Site contains valuable trade secrets of BJG, and BJG owns and/or controls all intellectual property rights in and to the Game and the Site, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and any intellectual property rights therein and thereto that are related to the aforementioned. You may not remove the copyright and other proprietary rights notices from the Game or the Site. You agree to prevent any unauthorized copying or distribution of the Game and the Site. Except for the license expressly provided herein, BJG does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of BJG. You agree that BJG owns all rights, title, and interests in any and all of the feedback and comments that you may provide and/or that BJG otherwise receives, without any remuneration, compensation or credit to you, including, without limitation, feedback related to the Game, the Site and any Derivatives thereto. For purposes of this Agreement, "Derivatives" means: (a) for copyrightable or copyrighted material, any translation, abridgment, revision or other form in which an existing work may be recast, transformed or adapted; (b) for patentable or patented material, any improvement theme; (c) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws; (d) any and all other intellectual property; and (e) any and all intellectual property rights in and to the aforementioned (a), (b), (c) and (d). To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned. You agree at BJG’s request to execute such further documents and to do such further acts as may be necessary or desirable to document, perfect, register or enforce BJG’s ownership of any of the rights, title and/or interests hereunder, in whole or in part. If you fail, delay or refuse to execute any such documents, you hereby appoint BJG as your attorney-in-fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file such documents. The rights granted, assigned and/or to be assigned by you hereunder are granted for the entire universe and shall inure in perpetuity, and, as set forth above, no further consideration shall be payable to you or any of your heirs or assigns at any time in connection therewith. To the extent such rights are not conferred by applicable law or otherwise not capable of being assigned, you hereby grant BJG and its affiliates and their respective successors and assigns an exclusive, assignable, irrevocable, fully paid, royalty-free license to all such rights (including, without limitation, all feedback, and suggestions with respect to the Game) in perpetuity and throughout the universe.


4. Injunctive Relief. You acknowledge and agree that a breach or threatened breach of any covenant contained in this Agreement would result in irreparable harm to BJG for which money damages would be insufficient, and BJG shall be entitled to obtain injunctive relief without the need to post a bond or other form of security, or if a bond or other form of security is required under applicable law, on the posting of a bond or security in an amount not to exceed Fifty Thousand United States dollars (US$50,000.00).


5. No Warranty; No Liability For Damages.
5.1 No Warranty. You acknowledge that the Game is a pre-release version and is not necessarily a final version or a fully tested version. YOU ACKNOWLEDGE THAT THE GAME AND/OR THE SITE MAY WELL CONTAIN ERRORS AND DEFECTS AND YOUR USE OF THE GAME AND THE SITE IS AT YOUR OWN AND SOLE RISK. THE GAME IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, SECURITY, MERCHANTABILITY, PERFORMANCE, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE GAME AND/OR THE SITE AND ANY ASSOCIATED DOCUMENTATION MAY CONTAIN DEFECTS, FAIL TO COMPLY WITH APPLICABLE SPECIFICATIONS, AND PRODUCE UNINTENDED OR ERRONEOUS RESULTS WHEN OPERATED IN COMBINATION WITH OTHER PRODUCTS.
5.2 No Liability For Damages. IN NO EVENT SHALL BJG BE LIABLE FOR ANY DAMAGES WHATSOVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF OR RELATED TO (a) THE USE OF OR INABILITY TO USE THE GAME, THE SITE OR ANY ASSOCIATED DOCUMENTATION, (b)THIS AGREEMENT, (c) YOUR PARTICIPATION (OR LACK THEREOF) IN THE DEMO, AND/OR (d) ANY DEFECT IN THE GAME, THE SITE OR THE ASSOCIATED DOCUMENTATION, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


6. Dispute Resolution.
6.1 Informal Resolution. To expedite resolution and control the cost of any dispute, controversy, claim or cause(s) of action related to this Agreement (“Dispute”), you and BJG agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section above.
6.2 Binding Arbitration. If you and BJG are unable to resolve a Dispute through informal negotiations, either you or BJG may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Commercial Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”, and together with AAA Commercial Rules, the “Rules”), both of which are available at the AAA website http://www.adr.org. The arbitration will be conducted before one (1) single arbitrator selected in accordance with the Rules. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and BJG may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
6.3 Restrictions; Class Action Waiver. You and BJG agree that any arbitration shall be limited to the Dispute between BJG and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
6.4 Exceptions to Informal Resolution and Binding Arbitration. You agree that BJG may chose, at its option and discretion, to exclude the following Disputes from (and, as such, the following Disputes will not be subject to) the above provisions concerning informal resolutions and binding arbitration: (i) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy or the unauthorized use of BJG’s or its third party providers’ intellectual property and/or intellectual property rights; and/or (ii) any claim by BJG for injunctive or other equitable relief.
6.5 Location and Jurisdiction. Any arbitration will be initiated in and take place in the City and County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, including without limitation the Disputes contained in Section 6.4, shall be decided by a court of competent jurisdiction located in the City and County of San Francisco, State of California, United States of America, and you and BJG agree to submit to the personal jurisdiction of such courts. You hereby waive any claim that such locations are improper or inconvenient.
6.6 Severability. You and BJG agree that if any portion of this Section 6 (Dispute Resolution) is found illegal or unenforceable (with the exception of 6.4), that portion shall be severed and the remainder of this section shall be given full force and effect. If Section 6.4 is found to be illegal or unenforceable then neither you nor BJG will elect to arbitrate any Dispute falling within that portion of Section 6.4 found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the City and County of San Francisco, State of California, United States of America, and you and BJG agree to submit to the personal jurisdiction of that court.


7. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.


8. Miscellaneous.
8.1 Use of Name and Likeness Rights. BJG may refer to you by name in advertising, marketing, public relations and promotional materials in connection with your participation in the Demo. BJG may also film the Demo or use any video or filming of the Demo that is provided to BJG (whether by you or others), including you and any other participant or individual involved or associated with the same. You hereby grant, authorize and license BJG the non-exclusive, transferable, sublicensable, assignable, fully-paid, royalty free and perpetual right throughout the Universe to use, modify (for technological compatibility aspects), broadcast, stream, distribute, include in the Game, publicly perform and commercially exploit your name, voice, likeness, photograph, image, signature (solely as written by you) and biography (“Likeness Rights”) as such was depicted, provided, appeared, rendered or otherwise filmed or captured during the Demo or at any other time in connection with BJG, the Game and/or the Demo, in any manner, means, method, language or media whether now known or hereafter devised, there being no obligation to do any of the aforementioned. For clarity, such Likeness Rights may be used, with no obligation to use, in connection with the marketing, advertising, promotion, publicity, distribution and commercial exploitation of the Demo, Game and/or BJG, which in turn may include, among other uses, as part of behind-the-scenes filming, b-roll footage, “making-of” footage or other filming, taping, streaming, recording and the like, and to edit any of the same. You hereby understand and agree that no fees, payments or consideration will be provided for the use and exploitation of your Likeness Rights. Also for purposes of clarity, BJG will not use the Likeness rights in any form of commercial merchandising, commercial tie-ins or commercial endorsements without your prior authorization not to be unreasonably withheld or delayed.
8.2 Survival. The provisions of this Agreement, other than the first sentence of Section 1.1 and Section 1.4, shall continue in full force and effect even after (i) the Demo has been terminated or completed, and/or (ii) your participation in the Demo has been terminated.
8.3 Severability. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
8.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. BJG may amend this Agreement from time to time and will endeavor to provide you with notice (which may include, without limitation, a general reference in the Demo or a post on BJG’s website).
8.5 Export Controls. The parties agree to comply with all export laws, restrictions, national security controls and regulations of the United States or other applicable national or foreign agency or authority, and not to export or re-export, or allow the export or re-export of any proprietary information or any copy or direct product thereof in violation of any such restrictions, laws or regulations. You represent and warrant that (a) you are not located in a country that is subject to a United States Government embargo or sanction or that has been designated by the United States Government as a “terrorist supporting” country, and (b) you are not listed on any United States Government list of prohibited or restricted parties. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Game, including, without limitation, any software firmware, hardware, application program interface specifications, or features provided by BJG except in full compliance with all applicable laws, rules and regulations. BJG may update the Game remotely, including, without limitation, as it resides on your machine, without your knowledge or consent, and you hereby grant to BJG your consent to deploy and apply patches, updates and modifications to the Game.


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Last updated: June 1, 2025