Last updated: October 2020
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
Thank you for playing our games! Lion Castle B.V. (“Lion Castle”) is proud to provide you with our video game software (together with any updates, the "Game Client") for use with its online component (a "Game Server"). Together, the Game Client and a Game Server make up our video game experience (the "Game"). This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game Client. By installing or using the Game Client, you agree to be bound by the terms of this Agreement.
Accepting this EULA shall be lawful where a person is at least 16 years old. If a person is below the age of 16 years, this shall be lawful only if consent is given or authorised by the holder of parental responsibility over this person.
1. Limited License. The Game Client is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, Lion Castle hereby grants to you a limited, revocable, non-exclusive, nontransferable, personal license to (a) download and install the Game Client onto a Nintendo Switch™ console (a “System”). owned by you, and (b) use the Game Client in conjunction with a Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of Lion Castle’s intellectual property rights.
You may not sell, license or transfer the Game Client, or any reproductions or modifications thereof, to any person or entity;
You may not develop, distribute or host any server or software designed to interact with the Game Client or to redirect or emulate the communications protocols used by Lion Castle;
You may not modify the Game Client or any portion thereof;
You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Client or any portion thereof;
You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
You may not exploit the Game, or any portion thereof, for any commercial purpose;
The license granted herein confers no title or ownership in the Game (including without limitation the Game Client) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, music, etc.) are owned by Lion Castle or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients under your custody or control.
3. Ownership. You agree that, between you and Lion Castle, Lion Castle owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by copyright laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor. When the Game is running, Lion Castle, its affiliates or its contractors may monitor your Entertainment System for uses that violate the Limited License Section. You hereby grant Lion Castle, its affiliates and its contractors permission to monitor your Entertainment System for purposes of identifying such use and communicating potential violations to Lion Castle.
Lion Castle, its affiliates and its contractors are under no obligation to monitor your System.
5. DISCLAIMER OF WARRANTIES. THE GAME SERVERS ARE MADE AVAILABLE, TO THE EXTENT PERMISSIBLE BY LAW, ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMISSIBLE BY LAW, ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED.
7. LIMITATION OF LIABILITY.
Neither you, Lion Castle, its directors, parent, affiliates, licensors, or contractors will be liable for any consequential or indirect loss under or in connection with this EULA, or any collateral contract, whether arising under statute or arising in or for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
Nothing in this EULA will exclude or limit either party's liability:
(i) for fraud or fraudulent misrepresentation;
(ii) for death or personal injury caused by its negligence;
(iii) under the indemnity in the Indemnification Section; or
(iv) for any other liability which cannot be excluded or limited by law.
8. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LION CASTLE, ITS DIRECTORS, PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO ANY BREACH BY YOU OF THE LIMITED LICENSE SECTION.
9. Changes to Agreement and Game. Lion Castle may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA. Lion Castle may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
10. Patches and Updates. Lion Castle may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game Client installed on your Entertainment System. Updates are not optional. You agree that Lion Castle may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for Lion Castle to download and apply such Updates.
11. Remedies. You acknowledge that Lion Castle may suffer irreparable damage if you breach any of the provisions governing ownership, the licence granted or licence limitations. In the event of such a breach, Lion Castle shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate.
12. Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
13. Dispute Resolution and Governing Law.
The construction, validity and performance of this EULA and all non-contractual obligations arising from or connected with this EULA, shall be governed by the law of the country of your habitual residence.
Any action or proceeding brought to adjudicate any dispute related to this EULA or the Service shall be subject to the non-exclusive jurisdiction of the courts of the country of your habitual residence (unless otherwise agreed in writing by both parties).
Severability. You and Lion Castle agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
14. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Lion Castle and you. Lion Castle would not be able to provide the Game (including without limitation the Game Client) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Lion Castle' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Lion Castle. You may not assign this Agreement, in whole or in part, without Lion Castle's prior written consent and any attempted assignment in violation of this provision shall be null and void. Lion Castle may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.
Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and Lion Castle with respect to the Game Client and supersedes all prior agreements between you and Lion Castle pertaining to the Game Client. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game Client and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties.
Your purchase of the Game is a contract for the supply of services which will commence immediately upon you clicking “I Accept” below. Upon commencement of the services you will lose your right, under your jurisdiction’s legislation implementing the Distance Selling Directive 97/7/EC, to cancel the contract for convenience.
15. Third Party Software. The Game contains font software licensed from third parties. Such font software shall only be used with the Game and may not be extracted from the Game for any purpose.
16. Customer Support. In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the Lion Castle Customer Service Department by email at email@example.com before returning the Game to a retailer.
Last updated: October 2020
INFORMATION WE COLLECT
Registration, account, and sign-up information. We may collect Information in the course of your use of, or registration with, our Sites. For example, when you create an account, register for or download an app, or sign-up for a product or service, you may provide us with certain personal information. This type of personal information may include name, phone number, postal address, fax number, email address, or certain payment information (e.g., credit card and billing information). We may also collect Information about your interest in and use of various products, programs, services, and content available on or through our Sites.
Information from others; inviting friends. On some of our Sites, we may collect Information other people submit about you. For example, a friend might submit Information to invite you to participate in an offering, make recommendations, or share content. By processing these requests, we may receive your Information, including a recipient’s name, postal address, email address, telephone number, or information about your interest in and use of various products, programs, services, and content. Some of our Sites also allow users to invite friends to participate in activities by providing their friends’ contact details or importing contacts from your address book or from other sites.
Technical and usage information. We also collect certain technical and usage information when you use our Sites, such as the type of device, browser, and operating system you are using, your Internet service provider or mobile carrier, unique device identifier, IDFA or IDFV, MAC address, IP address, device and browser settings, the webpages and apps you use, advertisements you see and interact with, and certain Site usage information.
HOW WE USE THE INFORMATION
We use Information for the purposes described in this policy or disclosed at the time of collection or with your consent.
Providing and marketing products and services. We may use the Information we collect about you through our Sites to fulfill your requests for, and otherwise provide or analyze your use of our products, programs, services and content, to facilitate sharing and other interactions with Social Media Sites, and to provide, develop, maintain, personalize, protect, and improve your experience and our offerings. For example, we use Information we collect to enable you to do things like (i) watch trailers and video clips, (ii) get entertainment news and updates, (iii) get information about our products, services, and content, (iv) locate and access personalized information or functionality based on your interests or location (e.g., find stores, theaters, or show times), (v) buy digital content, movie tickets, or other purchases (vi) play games, (vii) engage with interactive features, activities, and Social Media Sites, (viii) read and post comments, content, and reviews, (ix) fill out surveys or provide feedback, or (x) enter promotions, contests, and sweepstakes. We may also use Information to offer, market, and advertise products, programs, and services from us and our affiliates, business partners, and select third parties that we believe may be of interest to you.
Communicating with you and others. We may use Information about you to communicate with you, such as (i) to notify you when you win one of our contests or sweepstakes or when we make changes to our policies or user agreements, (ii) to respond to your inquiries, (iii) to communicate with you about your purchases or transactions, (iv) to contact you about your account, or (v) to send you information about promotions, offerings, and Site features. You may also choose to receive push notifications from us on your mobile device. If you choose to submit content for publication online or in other forums, we may publish your screen name or username and other Information you have provided to us on our Sites, the Internet, or elsewhere. We use Information that you provide about others to enable us to send them invitations, promotions, or other content on your behalf or through our Sites. From time to time, we also may use this Information to offer, market, or advertise products, programs, or services to them from us and our affiliates, and business partners.
Use of technical and usage information. We use technical and usage information to improve the design, functionality and content of our Sites and to enable us to personalize your experience with our Sites and offerings. We use this Information (i) to provide, develop, maintain, personalize, protect, and improve our Sites, products, programs, and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Sites, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, and (iv) for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services.
INFORMATION SHARING AND DISCLOSURE
We may share and disclose Information in the following ways or for any other purpose disclosed at the time of collection:
With your consent. We may disclose Information when you provide us with your consent to do so.
Change of control. We may transfer Information in the event of a business transaction, such as if we or one of our business units or our relevant assets are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization.
Service providers. Our agents and contractors that perform services for us may have access to Information to help carry out the services they are performing for us, such as, but not limited to, creation, maintenance, hosting, and delivery of our Sites, products, and services, conduct marketing, handle payments, email and order fulfillment, administer contests, conduct research and analytics, or customer service.
We may also share Information with business partners and third parties (e.g., other companies, retailers, research organizations, advertisers, ad agencies, advertising networks and platforms, participatory databases, publishers, and non-profit organizations) that may want to market products or services to you.
If we share personal information with third parties for their own marketing purposes, we will obtain your consent.
Linked sites. Some of our Sites contain links to other sites, including Social Media Sites, whose information practices may be different from ours. Users should consult the other sites’ privacy policies and terms before submitting any Information, as we have no control over Information that is submitted to, or collected by, these third parties.
Advertising networks. We may share certain information with parties to provide advertising to you based on your interests.
COOKIES AND OTHER TECHNICAL INFORMATION
Cookies and other technologies. We, and our affiliates, third party service providers, and business partners may send “cookies” to your computer or use similar technologies to understand and enhance your online experience at our Sites.
Cookies are small text files placed in your browser. We may also use pixels or “web beacons” that monitor your use of our Sites. Web beacons are small strings of code that provide a method for delivering a graphic image on a webpage for the purpose of transferring data, such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser that fetched the web beacon, and the identification number of any cookie on the computer previously placed by that server. We may also integrate SDKs into our applications to perform similar functions as cookies and web beacons. For example, SDKs may collect technical and usage information such as device identifiers and your interactions with the Site and other apps.
Managing cookies and other technologies. Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to delete cookies.
You may adjust your browser to reject cookies from us or from any other website. Controlling cookies via browser controls may not limit our use of other technologies. Please consult your browser’s settings for more information. However, blocking cookies or similar technology might prevent you from accessing some of our content or Site features.
Some of our Sites may use locally stored objects (“LSOs”) to provide certain content, such as video on demand, video clips, or animation, and a better user experience. Adobe's Flash player and similar applications use this technology to remember settings, preferences, and usage similar to browser cookies. Flash cookies are not managed through your web browser, but you can access your Flash management tools by visiting Adobe's web site. Your browser may also offer other tools to delete or reject other LSOs; please check your browser’s settings or help menu for more information.
We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
We may also collect and use such information for interest-based advertising purposes when we serve ads on third party sites. We and these third parties may also use this information to associate various browsers and devices together for the purpose of interest-based advertising and other purposes like analytics.
We may also use services provided by third-party platforms (such as social networking sites) to serve targeted ads on such platforms to you or others, and we may provide a hashed version of your email address or other information to the platform provider for such purposes. To opt-out of the sharing of your information with such platforms, please send email to firstname.lastname@example.org.
For more information about interest-based advertising on your desktop or mobile browser, and to opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit:
Please note that any opt-out choice your exercise through these programs will apply to interest-based advertising by the third-parties you select, but will still allow the collection and use of data for other purposes, including research, analytics and internal operations. You may continue to receive advertising, but that advertising may be less relevant to your interests.
You may have more options depending on your mobile device and operating system. For example, most device operating systems (e.g., iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provide their own instructions on how to limit or prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to learn more about these features and how they apply to tailored in-app advertisements.
We have put in place reasonable physical, administrative and technical safeguards in an effort to protect the personal information in our custody and control against unauthorized access, use, modification and disclosure.
HOW YOU CAN ACCESS OR CORRECT INFORMATION
You have the right to access, update and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law, by sending an email to email@example.com or contacting us as set out under How to Contact Us below.
ADDITIONAL INFORMATION REGARDING CHILDREN’S PRIVACY
On most Sites, we do not knowingly collect information from children. On some Sites, we may ask the user to provide us with the user's age information. If the person indicates that he or she is under 13 years old, as permitted by law, we will (i) collect no or limited personal information (e.g. persistent identifier and/or email address only) from that individual, (ii) inform the child that a parent's verifiable consent is required.
HOW TO CONTACT US