Effective Date: March 3, 2023.
This End User License Agreement (“EULA”) sets forth a legally binding agreement between you and Wonderstorm, Inc. (“Wonderstorm”, “we”, “our”, or “us”), and governs your use of The Dragon Prince Game (known as “Project Arcanum” for the purposes of this testing period) as well as any online service location that posts a link to this EULA, and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”).
In some instances, both this EULA and separate terms elsewhere on the Service will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between this EULA and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
The Service contains: (i) materials and other items relating to Wonderstorm and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Wonderstorm; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Wonderstorm or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Subject to your strict compliance with this EULA and any applicable Additional Terms, Wonderstorm grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only, and solely for the purposes of testing, reviewing, analyzing or otherwise evaluating the Content (collectively, the “Purpose”). The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Wonderstorm’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Certain features of the Service may require you to register an account. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
You may not use the Service unless you are at least thirteen (13) years old.
You may not: (i) use the Service or the Content for any other reason than the Purpose; (ii) use the Service or Content for any political or commercial purpose; (iii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Wonderstorm; (iv) harvest any information from the Service or Content; (v) reverse engineer or modify the Service or Content; (vi) interfere with the proper operation of or any security measure used by the Service or Content; (vii) infringe any intellectual property or other right of any third party; (viii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (ix) otherwise violate this EULA or any applicable Additional Terms.
You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.
Wonderstorm may suspend or terminate the availability of the Service and Content, in whole or in part, for any reason, in Wonderstorm’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Wonderstorm, all rights granted to you under this EULA or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.
All rights not expressly granted to you are reserved by Wonderstorm and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
As used in this EULA, “Confidential Information” means all nonpublic information made available by or on behalf of Wonderstorm to you, whether in graphic, electronic, written or oral form or by observation, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes, without limitation, (i) the Service; (ii) the Content; (iii) nonpublic information relating to Wonderstorm’s business plans, analyses, forecasts, predictions or projections, intellectual property, software, hardware, prototypes, technology, technical information, business models, pricing and pricing strategies, marketing ideas, data, valuations and budgets, and other business, technical and financial information; and (iv) third-party information as to which Wonderstorm has an obligation of confidentiality. Confidential Information also includes the existence and terms of this EULA, and the fact and nature of the discussions between the parties.
Notwithstanding the foregoing, Confidential Information does not include any information that (i) is or becomes available to the public other than by your breach of the terms of this EULA; (ii) was already known to you at the time of its receipt from Wonderstorm; (iii) you received from a third party, unless you know that such third party owes an obligation of confidentiality to Wonderstorm with respect to such information; or (iv) is independently developed by you (i.e., without use of or reference to the Confidential Information).
You will take all reasonable measures to prevent unauthorized dissemination or other disclosure of the Confidential Information, including those measures you take to protect your own confidential information of a similar nature. Except as otherwise contemplated by this EULA or agreed in writing by Wonderstorm, you will use the Confidential Information only in relation to the Purpose.
You may disclose Confidential Information as required to comply with legal process or orders of governmental entities, provided that you (i) give Wonderstorm reasonable notice (to the extent permitted by law) to allow Wonderstorm to seek a protective order or other appropriate remedy; (ii) disclose only such information as is required by the legal process or governmental entity; and (iii) use reasonable efforts to obtain confidential treatment and similar protections for any Confidential Information so disclosed.
All Confidential Information will remain the exclusive property of Wonderstorm, and Wonderstorm retains all rights with respect to the Confidential Information. The disclosure of Confidential Information will not constitute or result in an express or implied grant, by license, estoppel or otherwise, of any rights to or under Wonderstorm’s patents, copyrights, trade secrets, trademarks or other intellectual property rights (except the limited right to use the Confidential Information only in relation to the Purpose as permitted by this EULA).
If there is any loss of, or any unauthorized use or disclosure of, Confidential Information, at Wonderstorm’s request you will reasonably cooperate with Wonderstorm to help Wonderstorm to regain possession of such Confidential Information and prevent its further unauthorized use or disclosure.
Upon written request by Wonderstorm or upon termination of this EULA, you will, except as otherwise provided by this EULA, promptly (i) cease using the Confidential Information, and (ii) destroy (or at Wonderstorm’s request, return) the Confidential Information in your possession or control and provide written confirmation of your compliance with the foregoing requirement.
You acknowledge that disclosure or use of Confidential Information in breach of this EULA could cause irreparable harm to Wonderstorm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that Wonderstorm will have the right, in addition to its other rights and remedies, to seek injunctive relief for any material breach of this EULA without the posting of a bond or other security.
When you submit any ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Service and/or Content (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submissions now or in the future.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submissions and remain responsible for them.
You acknowledge that Wonderstorm may currently or in the future be developing information, or receiving information from third parties, that is similar or identical to your Submissions. Accordingly, nothing in this EULA will be construed as a representation or agreement that Wonderstorm will not develop, have developed for it, or acquire products, services, technology or information that are similar to or compete with the products, services, technology or information contemplated by or embodied in the Submissions.
You acknowledge and agree that Wonderstorm will be free to use and disclose for any purpose the residuals resulting from access to or work with your Submissions. The term “residuals” means information, including ideas, concepts, know‐how or techniques, retained in the memory of persons unaided by reference to the Submissions from which the retained information was derived.
If you have any questions or comments, please send an e-mail to us here. You acknowledge that the provision of support is at Wonderstorm’s sole discretion and that we have no obligation to provide you with customer support of any kind. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk.
This EULA shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER WONDERSTORM NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "WONDERSTORM PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE WONDERSTORM PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THIS EULA, OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the Wonderstorm Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of this EULA; (ii) your Submissions; (iii) your misuse of the Service and/or Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Wonderstorm reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Wonderstorm’s defense of any claim. You will not in any event settle any claim without the prior written consent of Wonderstorm.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY WONDERSTORM OR A LICENSOR OF WONDERSTORM.
We reserve the right, at any time in our sole discretion, to modify or replace any part of this EULA and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated EULA and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated EULA and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Any controversy or claim arising out of or relating to this EULA or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this EULA. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this EULA, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
No Wonderstorm consent or approval may be deemed to have been granted by Wonderstorm without being in writing and signed by an officer of Wonderstorm.
The provisions of this EULA and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Confidentiality, Submissions, Customer Support, Third Party Services, Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to EULA, and General Provisions, will survive.
If any provision of this EULA, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from this EULA or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this EULA or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full EULA. Wonderstorm may assign its rights and obligations under this EULA and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This EULA and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Wonderstorm.
This EULA, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in this EULA or any applicable Additional Terms, (i) no failure or delay by you or Wonderstorm in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this EULA or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Wonderstorm controls and operates the Service from the U.S., and Wonderstorm makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any country, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
Wonderstorm reserves the right to investigate and prosecute any suspected breaches of this EULA or the Service. Wonderstorm may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.