Terms of Use

1. General

1.1. Age Restrictions and Legal Responsibility.

As used in this agreement, "You" or "Your" refers to the individual user interacting with our services; if this user is under 18 years old (or the minimum age of majority in your country), "You" or "Your" means the parent or guardian of the user who enters into this agreement on behalf of the user. You or a person supervised by you should only use the services if you or the person supervised by you are above the minimum age restriction for the respective service. Minors under 18 years old (or the legal age of majority in your country) must ask their parents or guardians to review and explain this agreement to them and agree to it on their behalf. If you accept this agreement on behalf of a minor, you should supervise the minor's use of the services, including any virtual items or accounts used by that minor. If you are the parent or guardian of a minor and have agreed to this agreement on their behalf, you agree that you are responsible for all uses of the services, including virtual items or accounts, by your child, whether or not these uses were expressly authorized by you. You are legally and financially responsible for all your actions while using or accessing the services, including the actions of persons to whom you allow access to the services or your account.

1.2. Changes to this Agreement.

We reserve the right to change this agreement in whole or in part at any time. We will endeavor to inform you of such changes before the amended agreement takes effect. If you do not agree to the terms of the amended agreement, you may not be able to access the services once the amended agreement takes effect. We will try to inform you of this legal consequence when we notify you of the amended agreement. By actively accepting the amended agreement or continuing to use the services after the amended agreement takes effect, you agree to be bound by the amended terms of this agreement. If you do not agree to the amended agreement, you may terminate your use of the services.

1.3. Your Account.

Some elements of the services may require you to create an account, while for other services an account may be automatically created when you first access the services (each, an "Account"). To create an account, you may be asked to provide your age and country/region and then provide an email address, username, password, and other information that we deem necessary in connection with the creation of your account and the use of our services. These will be processed and stored in accordance with our Privacy Policy. You must provide accurate, current, and complete information about yourself when creating an account. You are responsible for keeping your username and password confidential. You also agree not to sell, transfer, or share your account, username, or password, and you agree to notify us immediately if you suspect any unauthorized use of your account. We have the right to refuse the creation of an account for any legitimate reason and reserve the right to terminate any account that violates this agreement in accordance with the termination provisions below and to delete all account information in accordance with our Privacy Policy.

2. Limited License.

2.1. We reserve all rights to our intellectual property.

We and our licensors own and retain all rights, title, and interest in the services, virtual items, and your account (except for tangible media on which the services may be provided), including all:

1. Information, text, data, files, code, scripts, designs, graphics, artwork, images, photos, sounds, music, titles, themes, objects, characters, names, dialogues, locations, stories, plots, animations, concepts, audiovisual effects, virtual goods and in-game currencies (including virtual items), interactive features, gameplay, operating methods, the compilation, assembly, and arrangement of the materials of the services, virtual items, or your account, and all other copyrighted material;
2. Trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including ours; and
3. Other forms of intellectual property (all of the foregoing, collectively "Content").

2.2. Your Personal, Non-Commercial Use Except for Approved Content Creation.

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, including virtual items and your account for your personal, non-commercial use.
Notwithstanding the foregoing, Content Creators (including, but not limited to, YouTubers, streamers) are permitted to publicly display game content from the Services, provided that the following conditions are met to maximize the easy discoverability of the game for interested viewers:

• For videos on platforms that offer both a title and a description (e.g., YouTube), the following applies:
  • The name of the game must be clearly recognizable either in the video title or in the video description.
  • In addition, where the platform supports it, a direct clickable link to the game's shop page (e.g., Steam, Epic Games Store) OR to the official Michael Burian website must be present in the video description. This link should be placed as far up in the description as possible.
• For Live-Stream Services (e.g., Twitch, YouTube Live, etc.):
  • The name of the game must be clearly recognizable in the stream title or otherwise prominently displayed in the stream (e.g., as an overlay) so that interested viewers can easily find it.
• For Short Videos (e.g., TikTok, YouTube Shorts):
  • The name of the game should preferably be in the title of the short video (if the platform supports this). If this is not possible, the name of the game must be clearly recognizable in the description of the short video.
• For Platforms Without Title or Description Function:
  • If the platform used does not offer the possibility to add a title or description to the content, the name of the game must be clearly and permanently visible in the video itself (e.g., through an overlay). Otherwise, the name of the game can also be clearly and audibly mentioned in the first 5 seconds of the video.
• When Publishing Photos (e.g., screenshots, artworks):
  • When publishing photos showing content from the Services, the name of the game must be clearly and prominently mentioned in the post itself or in the associated caption.

2.3. Restrictions.

The limited license granted in this agreement does not grant you the right or permission to sell, duplicate (except under applicable legal exceptions, such as the "private copy" exception under applicable law), pledge, lease, distribute, disassemble, decompile, decrypt, hack, derive source code from, reverse engineer (except where permitted under applicable legal exceptions arising from EU Directive 2009/24 or other applicable laws), modify, create derivative works from, market, or otherwise exploit the services (including the content), virtual items, or your account, unless there are separate, express written individual agreements that permit such conduct. Without limiting the foregoing, nothing in the limited license granted in this agreement authorizes the use of the services (including the content), virtual items, or your account in any way to develop, train, improve, distribute, or provide source material for generative AI tools; and for the avoidance of doubt, such uses are expressly prohibited. "Generative AI tools" means any tool or computer program that uses algorithms or technologies commonly known as artificial intelligence or machine learning to create or generate content, such as software code, written text, still or moving images, musical works, human speech emulation, audio material, or other creative works based on text, image, sound prompts, or other inputs. If we terminate your account or this agreement under the provisions below, any license from us to you to use the services, virtual items, your account, or the content will terminate immediately.

2.4. Legal effect.

This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country do not permit it.

3. Virtual Items.

"Virtual Items" refers to virtual currency, goods, items, boosts, or effects, such as coins, points, gems, tokens, weapons, vehicles, cards, skins, power-ups, clothing, equipment, trophies, rewards, badges, or other in-game virtual assets that are provided, purchased in a digital storefront, earned, or otherwise acquired through the services. Virtual items are licensed under the terms of this agreement, and nothing in this agreement shall be construed as transferring rights or ownership claims to such virtual items to you. Virtual items are only available to users in certain locations, and unless otherwise specified in your agreement with the respective digital storefront, you may not purchase or use virtual items if you are not in an approved location. Virtual items may only be redeemed for content provided through the services, which is generally game-specific. Virtual items have no monetary value, cannot be used outside the services, and may not be sold, transferred, or redeemed for real money or valuables outside the services, unless there are separate, express written individual agreements. We have the right to modify, delete, move, remove, or suspend virtual items at any time with or without notice to you and without any liability to you. We may limit the total number of virtual items that can be held for a game or in your account overall. We may limit the period during which you can own or use virtual items in connection with a particular game or other aspect of the services. Additionally, the price and availability of virtual items for purchase or acquisition may change. You agree that you have no ownership or other rights to virtual items or your account.

4. Purchases, Billing and Subscriptions.

4.1. Digital Storefronts.

Some aspects of the services and some virtual items may require you to pay a fee through a storefront operated by us or a third party (each a “Digital Storefront”). Your contracting party for providing these services and virtual items to you is the Digital Storefront. Your purchase through the Digital Storefront is subject to all applicable terms and conditions imposed by the Digital Storefront, all of which are incorporated into this agreement by reference. You are responsible for all fees associated with your purchase from such a Digital Storefront and must provide the Digital Storefront with accurate and complete payment information. We may suspend or cancel the relevant services or the delivery of virtual items if the Digital Storefront informs us that it has not received full payment from you after reasonable prior notice, or if you receive or attempt to receive refunds contrary to the applicable policies of the Digital Storefront. Suspension or cancellation of the services or virtual items due to non-payment to the Digital Storefront may result in a loss of access to your account and all content or services and the loss of their use. For the avoidance of doubt: We are not liable to you in the event that your access to any of the services is terminated by a Digital Storefront due to your violation of their storefront terms.

4.2. Subscriptions.

Some aspects of the services may be offered on a subscription basis with automatic, recurring payments at the start of each billing period (“Subscription”). We reserve the right to change the terms under which such features are offered for purchase at any time with thirty (30) days' notice.

1. Purchase. Subscriptions may be purchased in a Digital Storefront. To use a Subscription, you must: have a valid entitlement to the product or service associated with the Subscription; have a valid account with the Digital Storefront, including a current, valid, and accepted payment method registered to that account; and have an internet connection. The Digital Storefront will charge the applicable Subscription fee (and any applicable taxes) (“Fee”) to your chosen payment method on each Subscription renewal date. Upon purchase, your Subscription(s) will be activated, and you will receive access to the benefits associated with the Subscription as listed at the time of your sign-up.
2. Automatic Renewal and Cancellation. Your Subscription will continue indefinitely. The Digital Storefront will charge the then-current Fee to your payment method unless you cancel your Subscription through the applicable Digital Storefront before the end of the current billing period. You may cancel a Subscription at any time, and the Subscription will end at the end of your current billing period. If you cancel, you will continue to receive benefits until the Subscription ends at the end of your then-current billing period. Generally, upon cancellation of the Subscription, the account will be suspended and subsequently deleted after the billing period ends. Any remaining virtual items will expire.
3. Changes to Subscriptions. The terms of a Subscription and the benefits included in that Subscription may change from time to time. Changes to benefits may include the modification or removal of previously claimed benefits. Michael Burian may also terminate a Subscription at any time with at least thirty (30) days' notice. Such changes will be updated on the Subscription page of the Digital Storefront, and you may receive an email notification from Michael Burian and/or the Digital Storefront about such changes before they take effect. Please read all change notices carefully. If you do not cancel your Subscription after receiving a notice of a change to the Subscription terms – including the amount of the Fee – or the benefits included in the Subscription, such changes will be deemed accepted. Changes will take effect upon the automatic renewal of your Subscription or, if earlier, the date on which you expressly accept such changes.

5. User Generated and Custom Content.

5.1. User Generated Content (UGC).

"UGC" includes all digital content or communications that users create, upload, or distribute through the services, including but not limited to: text, posts, audio or audiovisual communications; code, scripts, textures, models, maps, files, or other assets or documents; photos, images, videos, or other audio or audiovisual works; and feedback or suggestions related to the services. UGC specifically excludes custom content (defined below). You are solely responsible for the UGC you create, upload, or distribute through the services ("Your UGC"), and you hereby represent to us that your UGC does not violate this agreement, including but not limited to the terms of Section 6.

5.2. Rights to UGC.

You retain all rights you have under applicable law to your UGC. If you own such rights to your UGC, including any copyrights or other intellectual property rights, you hereby grant us, in exchange for the rights licensed to you in this agreement, an irrevocable, worldwide, royalty-free, non-exclusive, and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works from, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, or otherwise exploit your UGC within or through the services or for other commercial and non-commercial purposes related to the services, including but not limited to improving the services, without compensation or notice, for the entire duration of the intellectual property rights in your UGC (including all renewals, reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to Michael Burian hereunder expressly include the right for Michael Burian to permit other users to use your UGC as part of our operation of the services. By creating, uploading, or distributing your UGC on or through the services, you represent to us that you own the sole and unrestricted right to your UGC and that the rights granted to us by you in this section and our exploitation of those rights do not infringe the rights of any third party.

5.3. Custom Content.

Some of our services allow you to use our tools, editing software, in-game functionality, or other features we provide ("Our Tools") to edit content to (e.g.) create custom levels, maps, in-game assets, designs, clothing, characters, skins, courses, games, or other content based on the content ("Custom Content"). Custom Content includes, but is not limited to, all content created with our tools, including in-game assets, maps, screenshots, videos, recordings of in-game audio, gameplay clips, and live streams. You may only use Custom Content with the services and/or as authorized by us. You are solely responsible for the Custom Content you create and agree that such Custom Content does not violate this agreement, including but not limited to the terms in Section 6.

5.4. Rights to Custom Content.

Michael Burian retains all rights and ownership to all Custom Content under applicable law. If, under applicable law, your creation of Custom Content results in you owning intellectual property rights to such Custom Content, you hereby assign to us, in exchange for the rights licensed to you in this agreement, all rights, title, and interest in such Custom Content, including but not limited to all intellectual property rights worldwide for the entire duration of those intellectual property rights (including all renewals, reversions, and extensions of those rights). If, despite the foregoing assignment, you retain any intellectual property rights or other rights to the Custom Content, you hereby grant us an irrevocable, worldwide, royalty-free, non-exclusive, and sublicensable right to use, reproduce, edit, modify, adapt, create derivative works from, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, or otherwise exploit such Custom Content within or through the services or for other commercial and non-commercial purposes related to the services, including but not limited to improving the services, without compensation or notice, for the entire duration of the intellectual property rights in such Custom Content (including all renewals, reversions, and extensions of those rights). Without limiting the foregoing, the rights licensed to Michael Burian hereunder expressly include the right for Michael Burian to permit other users to use such Custom Content as part of our operation of the services.

5.5. Content Moderation; Right to Delete.

We are not obligated to host, maintain, support, or distribute your UGC or the Custom Content you create. We have not necessarily reviewed UGC or Custom Content that may be available through the services and are not obligated to actively monitor it. We do not endorse the safety, quality, or originality of UGC or Custom Content. UGC and Custom Content do not represent the views of Michael Burian or its management, employees, or any other person associated with us. You understand that we may modify, remove, suppress, block, hide, remove, or delete individual or all UGC or Custom Content and report illegal UGC or Custom Content and related user information to the appropriate authorities. In accordance with our obligations under applicable law, we will endeavor to inform you if we take adverse action against your UGC or Custom Content created by you, suspend or block your account, or otherwise restrict your access to some or all services, virtual items, or your account as a result of your UGC or Custom Content created by you.

6. User Rules.

For the purposes of this Section 6, "Services" includes virtual items and your account; and "Material" refers to your UGC and all custom content created by you.

6.1. No Illegal Behavior or Unauthorized Commercial Exploitation Except for Approved Content Creation.

You agree to the following:

1. You may only use the Services for lawful purposes in accordance with applicable laws.
2. You will not use the Services in connection with betting on money or other items of value unless separate, explicit written terms provided by Michael Burian allow such behavior.
3. You will use the Services for your own personal, non-commercial use, and you will not commercially exploit the Services unless separate, explicit written terms provided by Michael Burian allow such behavior.
   Notwithstanding the foregoing, Content Creators (including, but not limited to, YouTubers, streamers) are permitted to publicly display game content from the Services, provided that the following conditions are met to maximize the easy discoverability of the game for interested viewers:
   
   
   • For videos on platforms that offer both a title and a description (e.g., YouTube), the following applies:
     • The name of the game must be clearly recognizable either in the video title or in the video description.
     • In addition, where the platform supports it, a direct clickable link to the game's shop page (e.g., Steam, Epic Games Store) OR to the official Michael Burian website must be present in the video description. This link should be placed as far up in the description as possible.
   • For Live-Stream Services (e.g., Twitch, YouTube Live, etc.):
     • The name of the game must be clearly recognizable in the stream title or otherwise prominently displayed in the stream (e.g., as an overlay) so that interested viewers can easily find it.
   • For Short Videos (e.g., TikTok, YouTube Shorts):
     • The name of the game should preferably be in the title of the short video (if the platform supports this). If this is not possible, the name of the game must be clearly recognizable in the description of the short video.
   • For Platforms Without Title or Description Function:
     • If the platform used does not offer the possibility to add a title or description to the content, the name of the game must be clearly and permanently visible in the video itself (e.g., through an overlay). Otherwise, the name of the game can also be clearly and audibly mentioned in the first 5 seconds of the video.
   • When Publishing Photos (e.g., screenshots, artworks):
     • When publishing photos showing content from the Services, the name of the game must be clearly and prominently mentioned in the post itself or in the associated caption.
   
   These conditions apply regardless of whether the Content Creator monetizes the content or otherwise uses it commercially.
   This also includes the following restrictions, which also apply to Content Creators: participating in, enabling, or promoting the collection, sale, or exchange of content from the Services (including but not limited to virtual items or accounts) that has not been expressly authorized by Michael Burian; enabling, creating, or maintaining any unauthorized connection to the Services (including unauthorized servers that modify or emulate any of the Services, or otherwise connect to the Services); and creating or participating in the exploitation of price differences for virtual items by any means (e.g., between real-money currency prices).

6.2. Respect intellectual property.

You agree that you will not use the Services to create, upload or distribute any material that infringes the copyright, trademark or other intellectual property rights of any third party or otherwise violates the terms of Section 5.

6.3. Code of Conduct.

You agree that:

1. You will not use any improper or unauthorized means to interfere with or adversely affect the ability of other users to use the Services as intended, gain an unfair advantage in gameplay, or gain access to virtual items or other content to which you do not have a valid claim. This includes the use of cheats, unauthorized mods, hacks, glitches, or other technical exploits, as well as phishing, scamming, or social engineering.
2. You may not use the Services to create, upload, or distribute any material that violates or invades another person's privacy. This also includes "doxing," which is sharing or threatening to share information in order to embarrass, intimidate, harm, or harass another person.
3. You may not use the Services to create, upload, or distribute any material that is knowingly or intentionally misleading, false, or fraudulent. You will not use the Services to engage in "spam," which is repeatedly or regularly abuse any communication channel in a manner that disrupts or impairs the operation of the Services, promotes third party products or services, or interferes with the ability of other users to use the Services as intended.
4. You may not use the Services to create, upload, or distribute any material that contains actual or shockingly realistic depictions or descriptions of gore, excessive violence, torture, or animal cruelty. This includes all depictions of such content, whether the material is real or manipulated media, animations, computer-generated imagery, or other digital creations.
5. You may not use the Services to create, upload, or distribute any material or engage in any behavior that depicts, promotes, or attempts to normalize, encourage, or knowingly induces an eating disorder, suicide, or other physical self-harm to another person. This includes materials or conduct that are reasonably understood to induce or encourage another person to harm or starve themselves, to consume dangerous amounts of alcohol, drugs or other substances, and to engage in or threaten self-harm in order to intimidate, manipulate or coerce another.
6. You will not use the Services to create, upload or distribute any material or engage in conduct that is abusive, bullying or harassing or that is reasonably understood to be a physical or verbal threat against another person. This includes defamatory material and conduct such as camping, griefing, stream sniping, swatting or other abusive in-game conduct.
7. You will not use the Services to create, upload or distribute any material or engage in conduct that is pornographic, obscene or sexually harassing. This includes distributing unsolicited or unwanted sexually explicit material, engaging in unsolicited or unwanted sexualization of another person, making threats or attacks based on another person's actual, perceived or perceived sexuality or sexual activity, or unauthorized sharing of another person's sexually explicit or explicit content without their consent (e.g., "revenge porn").
8. You may not use the Services to create, upload, or distribute any material that depicts, promotes, or attempts to normalize, encourage, or knowingly result in the sexual abuse of minors. This includes materials that sexually impersonate minors in any way, including real or manipulated media, animations, computer-generated images, or other digital creations; engaging in or attempting to engage in any sexually suggestive or explicit communication with a minor; and soliciting sexually suggestive or explicit material from a minor or sharing such material with a minor.
9. You will not use the Services to create, upload, or distribute materials or engage in conduct that constitutes hate speech or conduct, which we define as any form of expression that could reasonably be understood to attack or promote hatred or violence against a person or group based on any of the following: age; color or race; disability; ethnicity; gender or gender identity; national origin or immigration status; religious affiliation; sex or sexual orientation; military service; socioeconomic class, status, or caste; or weight, height, or body type.
10. You will not use the Services to create, upload, or distribute any material or engage in conduct that depicts, promotes, or supports violent extremism or terrorism. This includes any material or conduct that could reasonably be understood to support extremist violence or the perpetrators of such acts, and the promotion of extremist ideologies or conspiracy theories that promote or incite violence against others.
11. You will comply with any additional rules that may apply in the individual games, apps, products, or websites within the Services, all of which are incorporated into this Agreement by reference.
12. In addition to the foregoing, you will not use the Services to create, upload, or distribute any other material or engage in any conduct that is otherwise illegal, or use the Services to attempt or conspire to commit any of the violations specified in this Code of Conduct.

6.4. No Technical Exploitation.

You agree that:

1. You will not use IP proxying or other methods to disguise your location or residence, including, but not limited to, by circumventing geographic restrictions on access to content, access controls or technical protection measures; or to engage in any activity that is unlawful under applicable local law.
2. Unless subject to separate, express written terms and conditions from Michael Burian, you may not use the Services through, or copy any Content to, a remote server, virtual PC or other system or network, including, but not limited to, one that enables (or purports to enable) the downloading or streaming of such Services or Content to one or more separate Internet-enabled devices.
3. You may not use, distribute or make available any bugs, malfunctions, exploits, glitches, hacks, scripts, bots, unauthorized mods or other methods designed to maliciously interact with the Services, including, without limitation, to violate this Agreement; to collect information or user data; exploit system vulnerabilities; to circumvent content moderation or filtering systems, or otherwise intercept, redirect or interfere with the operation of the Services.
4. Without our express prior written consent, you may not reverse engineer, decompile or disassemble the Services, in whole or in part (except as permitted under applicable legal exceptions arising from EU Directive 2009/24 or other applicable law), display, perform, create derivative works based on the Services, or otherwise modify them.
5. You may not use the Services to distribute, upload or transmit any software, scripts, code or other information (including but not limited to viruses, worms, timebots, cancelbots, Trojan horses, hacks or other malicious code) to modify or alter the Services in any unauthorized manner or to transmit such information.

6.5. Assisting or encouraging violations.

You agree that you will not assist another user in violating or attempting to violate this Agreement. This includes providing financial support, know-how, expertise or other assistance or repeatedly encouraging them to engage in conduct that violates this Agreement.

6.6. Applicability to employees, agents and contractors.

For clarity, the rules of conduct in this Section 6 also apply to your communications and interactions with Michael Burian employees, agents and contractors, including but not limited to individuals on our customer support, technical, security or community teams.

6.7. Consequences for Violations.

If you violate the Agreement, including without limitation the User Rules set forth in Section 6 (as amended from time to time), Michael Burian reserves the right to take adverse action against you, including: resetting some or all game progress associated with your account; suspending your access to some or all Services, Virtual Items, or your Account; terminating your access to some or all Services or Virtual Items, or closing your Account in accordance with the termination provisions below; preventing you from creating an Account or accessing the Services in the future; or taking appropriate legal action to enforce this Agreement or our other rights under applicable law. We may notify law enforcement or other government agencies or regulators if the violation poses a threat to the life or safety of you or others or other activity we believe to be unlawful, and provide related personal information to those authorities in accordance with our Privacy Policy. We reserve the right to take adverse action against you based on information we may receive from third parties, including but not limited to other users, law enforcement, government agencies or other regulators. We will not be liable for any violation of this Agreement by you or any other user.

6.8. Monitoring; User Tools and Automated Systems.

We may (but are not obligated to) actively monitor use of the Services for a variety of different purposes, including preventing fraud and hacking, ensuring your compliance with this Agreement, enforcing the terms of this Agreement, and improving the Services. The Services may employ moderation and filtering systems, such as automated word filters and content or symbol recognition software, designed to prevent or stop the distribution of material that violates this Agreement. The Services may also include tools to allow users to control their interactions with other users, such as allowing users to opt-in to text chats or voice communications in-game, or allowing users to "mute" or block other users. The Services may include reporting tools, either in-game or through dedicated support websites, that allow users to report violations of the Code of Conduct for our review. The features and tools described above may include algorithms, artificial intelligence, machine learning, or other automated systems to help us accomplish the purposes described in this section to the extent necessary to effectively maintain the Services for our users. Moderation and filtering systems may vary by service, including based on the content, age rating, or audience of a particular service. Reporting violations of our policies can be made to our contact details provided in the Legal notice.

7. Reporting Content; Takedown Requests.

7.1. Harmful or Illegal Content.

If you are aware of any UGC or Custom Content posted on the Services that violates the User Rules set out in Section 6 of this Agreement, including the Code of Conduct, you may report it to us using the contact information provided in the Legal notice. By submitting such a report to us, you confirm that you have a good faith belief that the UGC or Custom Content you are reporting violates the Agreement and that the information you provide in your report is accurate and complete.

7.2. Notification of Claims of Copyright or Trademark Infringement.

If you believe that any Content, UGC, Custom Content, or any other aspect of the Services constitutes copyright infringement or misappropriation of your trademark, please send a notice of claimed infringement to our designated agent with the following information in writing:

1. Your name, address, telephone number, and email address;
2. A detailed description of the copyrighted work that you claim has been infringed;
3. The URL or a detailed description of where the material that you claim is infringing is located;
4. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
5. Your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. A physical or electronic signature of the owner of the copyright interest in question or of the person authorized to act on the owner's behalf.

7.3. Repeat Infringer Policy.

If you repeatedly violate this Agreement, for example by violating our intellectual property rights, the Code of Conduct, or the rights of third parties, we reserve the right to take adverse action against you, including without limitation: suspending your access to some or all of the Services, Virtual Items and/or your account; closing your account in accordance with the termination provisions below; preventing you from creating an account or accessing the Services in the future; or taking appropriate legal action to enforce this Agreement or our other rights under applicable law.

8. Updates and Features.

8.1. Updates and Changes.

We may provide patches, updates or upgrades to the Services, Virtual Items or your account that may be required to continue using the Services, including automatic or background updates, without notice to you. Such updates are subject to this Agreement unless other terms are provided with the updates, in which case those other terms will apply. We are not obligated to provide updates. We do not guarantee that we will support the version of the system or device for which you licensed, received or purchased any portion of the Services, unless we have made claims regarding compatibility. We may, from time to time, modify, change or suspend all or part of our Services, Virtual Items and/or your account for a legitimate reason at no additional cost to you. Legitimate reasons include, without limitation: improving our Services, Virtual Items or your account (such as offering new Services, Virtual Items or content); changes necessary for game balancing, bug fixing or preventing or combating exploits; changes required due to a new technical environment, increased or decreased number of users, suspected or actual intellectual property infringement; changes to the licenses we hold from third parties; or other third party compliance requirements; termination of agreements we have with third parties for any reason; cessation of delivery by a third party of a service or feature that is part of or related to our Services or a Virtual Item or your account; changes in the specific and verifiable costs in the open market; necessary improvements to the security of users, other third parties or other essential, legal, regulatory or security reasons.

8.2. Auto-Generated Players.

As part of the Services, we may offer you the opportunity to play with your friends or other matched opponents. To ensure that you have opponents of the correct skill level, some of these matched opponents may be auto-generated, computer-controlled players that look and play like real people.

8.3. Availability.

The Services, Virtual Items, Content or your account may be offered for a limited time or may vary by region or device. If you change regions, without prejudice to our portability obligations under applicable law and depending on your agreement with the applicable digital storefront, you may be required to re-purchase certain Services, Virtual Items or Content that you paid for or acquired in your previous region. Similarly, if you change regions, you may no longer be able to access certain Services, Content or Virtual Items that you were able to access in your previous region if such Services, Content or Virtual Items are prohibited by the applicable laws of the new region in which you are located.

8.4. Third Party Services.

You may have the opportunity to access or enable content, software, apps, products, websites, platforms, features and services through the Services that are operated by third parties that are not part of Michael Burian or otherwise under our control (“Third Party Services”). If you choose to access, transact business with, enable or otherwise interact with such Third Party Services, you acknowledge that you are directing the applicable third party company to provide you with such Third Party Services. You are responsible for your dealings with third parties. If you use our Services to access Third Party Services, any applicable terms of use associated with the Third Party Services will govern your use of that Third Party Service. We do not endorse any Third Party Services made available or marketed on or through the Services. We do not license any intellectual property rights to you as part of Third Party Services, and are not responsible or liable to you or anyone else for any Third Party Services or for the results, information, content, or interactions you may encounter while using such Services. Any concerns you have about the results, information, content, or interactions you may encounter while using such Third Party Services should be directed to the provider of such Third Party Services.

8.5. Internet-based Services.

The Services may require a connection to the Internet through a wireless or cellular network and therefore may receive certain standard information about the device, system, and software used by you to connect to the Services. Such information will be collected and used by us in accordance with our Privacy Policy . You are solely responsible for maintaining and maintaining the reliability of your Internet connection at your own expense and for all usage charges that may arise as a result of your access to the Services over a wireless or cellular network.

8.6. Third Party Advertising.

Some of the Services may contain advertisements for or links to third party websites, content, goods, promotions or services ("Third Party Advertising"). We are not responsible for, nor do we control the content of, Third Party Advertising, and the inclusion of such Third Party Advertising on the Services does not imply that we endorse or approve of such Third Party Advertising or the websites, content, goods, promotions, services or business practices of the third party providers of such Third Party Advertising.

9. Your Duties to Us.

You agree to defend, indemnify and hold harmless Michael Burian from and against any direct liability, damage or loss arising out of or in connection with:

1. your breach of this Agreement;
2. any information or content provided by you that infringes the rights of a third party when used by us in accordance with this Agreement; and
3. your unlawful acts or omissions. You are solely responsible for all third party charges incurred by you as a result of your use of the Services, Virtual Items or your Account.

10. Termination.

You may stop using the Services, Virtual Items, or your Account and terminate this Agreement at any time by destroying or deleting all copies of any materials or software in your possession and/or deleting your Account. In addition, you may request at any time that we delete your Account and your personal information in accordance with our Privacy Policy. For any Services, Virtual Items, and/or Accounts provided to you for an indefinite period of time, we have the right to terminate this Agreement and your access to the Services, Virtual Items, and your Account, or cease providing such services, at any time for any reason at our sole discretion. If we have reasonable means to contact you, and if possible, we will attempt to provide you with reasonable advance notice of such termination or termination. If it is not practical to inform you in advance, we will try to inform you promptly afterwards. If your habitual residence is in Austria, the right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and balancing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. We may immediately terminate or suspend your right to access any aspect of the Services, Virtual Items, Content and/or your account if you breach this Agreement, use the Services, Virtual Items or your account in a fraudulent, illegal or other manner than for the intended purposes; initiate adverse proceedings against us or if we are legally required to do so. If we decide to terminate or suspend your right to access some or all of the Services, Virtual Items or your Account, we will attempt to provide you with advance notice of such termination or suspension, unless the action is taken pursuant to a legal obligation under which we are not required to notify you or it is impractical for us to do so. You acknowledge and agree that in the event of any termination of this Agreement (or if we terminate your right to access the Services, Virtual Items, Content or your Account under the terms of this Agreement), the licenses granted to you under this Agreement (or in respect of such Services, Virtual Items, Content or Account) will immediately terminate.

11. Miscellaneous.

11.1. General.

This Agreement, together with any documents or policies referred to in it, constitutes the entire agreement between you and us for your use of the Services (including Virtual Items and your Account). It supersedes all prior written agreements between you and us relating to your use thereof. You agree that we may assign this Agreement, in whole or in part, at any time. If our assignment results in a change in us as a party to this Agreement, you will have the right to terminate this Agreement. You may not assign your rights, transfer your obligations under this Agreement, or transfer any rights to use the Services, Virtual Items, or your Account. If your habitual residence is in Austria, the preceding sentence shall not apply to any monetary claims you may have against us arising out of this Agreement. If any provision of this Agreement is found to be unenforceable for any reason, such provision will either be modified only to the extent necessary to make it enforceable or will be removed from the Agreement in its entirety and the remaining provisions of this Agreement will continue in effect. Sections 1, 2.1, 2.2, 2.3, 4, 5, 6, 8-13 and those that by their nature should survive termination of this Agreement will survive any termination or cancellation of this Agreement. Either party may disclose information related to this Agreement or use of the Services as necessary to satisfy any law, regulation, legal process or governmental request.

12. Contact.

If you have any questions or concerns about the Services, Virtual Items, your account, or this Agreement, please contact us using the contact information provided in the Legal notice or e-mail us at support@mibu.games.

13. Applicable Law.

13.1. Governing Law and Jurisdiction.

This Agreement is governed by the laws of Austria. The exclusive place of jurisdiction for all disputes is Austria.

13.2. Limitations of our liability.

In no event will Michael Burian be liable to you for any indirect loss or damage or for any breach of its obligations due to a force majeure event, such as power or server failures, failures and malfunctions of third party providers and the like.