Wonderstructs Terms of Service

Introduction. Thank you for playing Wonderstructs! This Terms of Service / End User License Agreement ("EULA") is a legal agreement between you and us, Mindful Games LLC, an Oregon limited liability company. It describes our rights as developers and publishers, and your rights as a player, so while we know it's lengthy, you should still read the whole thing. And please feel free to contact us at support@mindfulgames.io if you have any questions about this agreement.

By accessing and playing the game software Wonderstructs or any downloadable content ("DLC") for Wonderstructs (collectively, the "Game"), you are agreeing to abide by this EULA and our Privacy Policy (available at /wonderstructs/privacy-policy ), so please do not purchase or play the Game if you do not agree to these terms. Because the EULA is a requirement to play the Game, you need to either be 18 years or older or have your parent or guardian's consent to agree to this EULA, and have the power to enter into a contract under your applicable local laws.

Remember to occasionally check this page, as we may sometimes update this EULA when the Game, the law, or other circumstances change (such as a user doing something affecting other players that we need to put a stop to). If that happens, the new EULA will be effective the next time you use the Game.

Privacy

We at Mindful Games make it a point not to collect your personal information through our Game in order to sell it to others. However, we do collect certain information for specific, limited purposes, such as to fix bugs or to respond to your emails to us, or for our own analytics. Please review our Privacy Policy (available at /wonderstructs/privacy-policy ) for more information.

Access to the Game

To access and play the Game you must have an account with a third-party platform/service provider, such as the Meta Store and/or Oculus platform, and you may need and so you must abide by any separate rules, agreements, policies or EULAs with those providers necessary to use their platforms. If you have any concerns with their rules or agreements, or any questions about your purchase or refunds, you will need to contact the provider directly.

You may allow others to access your account (if the provider permits), but if you do, their actions using your account will be your responsibility. If you lose access to your account for any reason (including forgetting your account details or for violating the provider's rules), we are not responsible for your loss, so please be careful! Although you can share your account, you cannot transfer any purchases (such as the Game itself or any paid DLC) to another user or their account.

You also must be 13 years or older to access and play the Game, and as noted above, if you are at least 13 years old but under 18 years old you need parental consent to play the Game in order to agree to this EULA.

Although we may sometimes provide free updates to the Game to provide new features or to fix bugs, we may also elect to make certain DLC available only for an additional fee. Your purchase of the Game does not include a license to any separate, paid DLC.

Because circumstances can change, we have to reserve the right to modify or delete the Game without notice, and cannot make any representation or warranty that the Game will remain available, or will be available at any particular time.

We also have to reserve the right to disable or block specific accounts (and terminate a user's license to the Game) if a user violates this EULA, applicable laws, or engages in any other unauthorized activities (those are listed in Section 4 below), such as harassing or trying to scam other players. If we terminate your license to the Game, you must immediately stop using the Game, uninstall it, and delete any copies in your possession, without refund.

We fully understand the importance of players retaining access to the games they paid for, and we absolutely do not take either of these potential circumstances (modifying/deleting the Game, or terminating an individual user's license to the Game) lightly. But we want to be transparent that a situation may arise (for example, financial hardship, technical issues with keeping the Game up to date, or our departure from a given platform over concerns with its behavior) where we need to take the Game down, either temporarily or permanently. And we cannot permit a player to engage in illegal behavior or behavior that harms other players. Thank you for your understanding.

What You Can and Can't Do with the Game

In exchange for your purchase of a copy of the Game (pursuant to the applicable payment terms of whichever platform or e-store you purchase the Game through), you are granted a non-exclusive, non-transferable, non-sublicensable, revocable (under the circumstances described in this EULA) right and license to use the Game for your personal, non-commercial use for gameplay. You cannot reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, reverse engineer, or transmit the Game or any of its content, however, and you cannot access or use for any commercial purposes any part of the Game or its content. Any use of the Game not expressly permitted by this EULA is a breach of these terms and may violate copyright, trademark, and other laws.

In addition, you may not do any of the following with the Game (any references to "communicating" means communicating within the Game via voice or text chat options, if any, or posting, uploading or providing a link on any of our websites or forums related to the Game):

Take any action that imposes an unreasonable or disproportionately large load on the Game (such as DDoS-attacks).
Use software to modify how the Game is played in a way that can negatively affect other players, or to bypass a platform's login procedure.
Disrespect the rights of others and their rights to play and enjoy the Game. You may not defraud, harass or threaten other players.
Using sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language, including when naming any character, team, guild or clan.
Reveal any player's real-world information (name, address, etc.) in the Game, or in any other forum or media associated with the Game, or make public anyone's identification documents or sensitive financial information.
Harvest email addresses or other contact information of other players, especially for the purpose of sending unsolicited emails or other unsolicited communications.
Solicit personal information from anyone under 18, or solicit passwords or personally identifying information from other players for commercial or unlawful purposes.
Use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images.
Communicate material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Mindful Games.
Communicate any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content.
Impersonate Mindful Games, their representatives, employees, consultants, partners etc.
Impersonate another person, misrepresent your affiliation with an entity or person, hide or attempt to hide your identity, or otherwise conduct fraud.
Violate or encourage others to violate any local, state, national, or international laws or regulations.
Market, promote, advertise, or solicit products or services in the Game.
Modify any part of the Game to promote or allow any other prohibited use, including posting harmful or offensive material.
Advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game.
Advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game.
Use the Game for any illegal purpose or arrange for the exchange or transfer of any pirated or illegal software in the Game.
Organize or be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophies.
Provide false information or intentionally hide any information when registering for your account in the Game.
Attempt to interfere with, hack into, or decipher any transmissions to or from any servers or platforms running the Game.
Register for a user account on behalf of someone other than yourself.
Upload invalid data, viruses, worms, or other software agents into the Game.
Collect any information about other players without their consent.
Exploit any bug in the Game to break any of the rules in this Section. Bugs should be promptly reported to support@mindfulgames.io . To be clear, you may exploit a bug for your own enjoyment, but you cannot use a bug as a way of committing or hiding any violation of these rules.
Use or export the Game in violation of U.S. export laws or any other applicable law.
Use the Game in any manner that breaches the terms and conditions of this EULA or the Privacy Policy.

We want to ensure that the Game provides a safe and enjoyable space for all users, so please report any players violating any of these rules by emailing us at support@mindfulgames.io .

Intellectual Property

The Game and all of its content (e.g., designs, environments, graphics, music) is protected under copyright law, and the names, logos, brands and product and service names appearing in the Game and related services are trademarks/service marks of Mindful Games. Except as expressly allowed in this EULA (for example, with respect to User Generated Content as explained in Section 6 below), you may not use the Game, any of its content, or any of our trademark or service marks without our prior, written consent. Collectively, the Game's content and all of the trademark/service marks associated with the Game are called the "Mindful Games Content."

Notwithstanding anything else in this EULA, you may not use the Game or any of its content in any manner to train or prompt artificial intelligence technologies to generate text, images, video, or other works, including technologies that are capable of generating works in the same style as the Game, even for noncommercial purposes. Violating this provision automatically and immediately terminates your license to use the Game.

User Generated Content and Modding

Through the Game or certain tools we may provide related to the Game (including forums or chats), you may be able to create your own content, such as new levels, constructions, modifications, or other similar content, as well as text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "User Generated Content" or "UGC"). Except for the Mindful Games Content contained within the UGC (which we will continue to own), you will own and retain the intellectual property rights in your UGC.

You agree that we have a sub-licensable, assignable, irrevocable, worldwide, royalty free, license and right to use, distribute, broadcast, reproduce, publicly perform, display and promote your UGC in connection with the Game and any affiliated products (like sequels, prequels, or DLC) in any and all media now known or hereafter devised.

All UGC must abide by the terms of this EULA, especially the rules in Section 4 (e.g., no harassing or discriminatory content) and Section 5 (e.g., you cannot use any of Mindful Games's trademarks or service marks in a way that is likely to confuse players into believing that the UGC is made by or associated with Mindful Games). Your UGC also cannot infringe on the rights of any third-party (such as by infringing on their copyrights, trademarks, or rights of privacy, or by using their name, voice or likeness without permission), require Mindful Games to pay any royalty or other payment, or contain any open source software.

We take the protection of others' rights seriously, so we reserve the right to delete, remove, or otherwise disable access to any of your UGC if we believe the content is infringing someone else's rights or otherwise violates this EULA, a provider's rules or policies, or applicable laws.

Gameplay Streaming

Because we are excited for you to share your gameplay with the community, each player is also granted a limited, revocable, royalty-free license to broadcast (i.e., upload and livestream on sites such as Twitch.com and YouTube.com) their unique play within the Game, including the sounds and music in the Game ("Broadcast Content"), so long as the Broadcast Content: (a) is available for free; (b) complies with this EULA, particularly the rules in Section 4 (e.g., it can't contain harassing or threatening language or be used to defraud other players); (c) does not otherwise infringe on Mindful Games's intellectual property (e.g., by infringing on its trademarks); and (d) is not used for commercial purposes or to make money (except that monetizing the Broadcast Content through partner programs or advertising is fine, as long as the Broadcast Content is available to the public for free).

If you choose to make or display Broadcast Content, you assume all responsibility for ensuring your Broadcast Content and its use complies with all applicable laws, terms of use, policies, rules, and guidelines.

Takedown Notices

If you believe someone is infringing your intellectual property in the Game, their UGC or Broadcast Content, please submit your notice to our designated copyright agent at support@mindfulgames.io . If appropriate, we may terminate the accounts of users who are repeat infringers.

Indemnification

If you violate this EULA or any applicable law, including by uploading UGC that infringes on anyone else's rights, and that violation harms Mindful Games or anyone else (such as another player), you agree to defend and indemnify Mindful Games and its owners, affiliates, licensors, partners, the platform/service providers, and their respective members, employees, contractors, officers, directors, and agents against any claims, liabilities, losses, or costs arising out of your actions.

Seizure Warning, Motion Sickness

In rare instances, some players may experience seizures when exposed to certain light patterns or flashing lights in the Game. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure or motion sickness even in persons who have no history of prior seizures or epilepsy. You are accessing and playing the Game at your own risk.

Warranty Disclaimer

Although we are proud of the Game, it is important to note that the Game is provided "as is," without warranties of any kind, either express or implied. To that end:

THE GAME AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAME ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MINDFUL GAMES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER MINDFUL GAMES NOR ANYONE ASSOCIATED WITH MINDFUL GAMES REPRESENTS OR WARRANTS THAT THE GAME, OR ANY INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE GAME, OR STATEMENTS BY MINDFUL GAMES REGARDING THE GAME, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAME OR THE SERVER(S) THAT MAKES IT AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

MINDFUL GAMES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, THAT MAY ARISE IN CONNECTION WITH THE GAME OR THIS EULA. MINDFUL GAMES'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THIS EULA OR (B) THE USE OF OR INABILITY TO USE THE GAME, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.

Disputes

We certainly hope that there is never any dispute between us. But if there is, we'd like to set a few ground rules. First, you and we agree that any cause of action arising out of or related to this EULA or the Game must commence within one (1) year after the cause of action accrues. Second, any claim arising out of this EULA, including tort claims, must be resolved in Lane County, Oregon, and you and we consent to the exclusive personal jurisdiction of those courts for such purposes.

You also agree that any claims must be made in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

General Legal Stuff

Your local law may give you rights that this EULA cannot change; if so, this EULA will apply as far as the law allows. As noted at the beginning, Mindful Games may need to periodically update this EULA, but except for those updates, no term or condition of this EULA may be amended or waived. We may assign our rights and obligations under this EULA without notice to you, for example as part of a merger or if the Game is sold, but you may not assign your rights or obligations under this EULA. If any term of this EULA is found to be unenforceable, the parties agree that that term will be reformed as nearly as may be possible to carry forth the intention of the term, and that the rest of the EULA will remain in effect.

This EULA is the entire agreement between us with respect to the subject matter of this agreement, and supersedes any prior agreements. This EULA will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict of laws principles.

Contact Us

If you have any questions, comments, or concerns about this EULA, please contact us at support@mindfulgames.io .

Wonderstructs Terms of Service / End User License Agreement