END USER LICENSE AGREEMENT
1. Background and general information
1.1 SpellPunk VR is a virtual reality action game (“SpellPunk” or the “Game”). SpellPunk VR is developed and offered by Incineration Productions, a company based in Sofia, Bulgaria. SpellPunk VR may be played by downloading it from any of Incineration Productions’ Partners and using it on the user’s device.
1.2 To play SpellPunk VR, Incineration Productions requires that the user reviews and agrees to the following terms and conditions of this End User License Agreement (“EULA”).
1.4 By downloading and/or playing SpellPunk VR, the user accepts the terms and conditions in the EULA. If the user does not accept the terms and conditions in the EULA, the user must not download, access or play SpellPunk VR and must discontinue its use immediately.
2. Requirements to play
To play SpellPunk VR, the user must: (i) pay a fee, as charged by Incineration Productions’ Partner, for the user’s copy of SpellPunk VR; (ii) download a copy of SpellPunk VR to an authorized gaming console system; and (iii) comply with this EULA.
3.1 Limited License
Subject to the terms of the EULA, Incineration Productions grants the user a limited, non-exclusive, non-transferable, revocable license to download, install and use SpellPunk VR and its accompanying documentation solely in order to play the Game in accordance with the terms of this EULA. The user may use only one copy of the Game. The user must pay for and download a separate copy of the Game for each device the user intends to use to access and play the Game on; e.g., if the user has two devices, the user must have two licensed copies of the Game. The user may make one (1) copy of the Game for backup or archival purposes.
3.2 Specific Restrictions
Any and all rights not expressly granted by Incineration Productions herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. The user may not intercept any information accessible through the Game for any purpose other than playing SpellPunk VR in accordance with the EULA. The user may not copy (except as for backup purposes as set out above), distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Game or any documentation accompanying the Game. The user may not transfer the Game except as permitted by the EULA. The user may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer any information accessible through the Game, including without limitation, any part of the Game content or any item, object or character in the Game. The user may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Game, or from any information accessible through the Game (including, without limitation, data packets transmitted to and from Incineration Productions’ systems over the Internet), or anything incorporated therein, or analyze, decipher, “sniff” or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the Game, whether encrypted or not, or permit any third party to do any of the same, and the user hereby expressly waive any legal rights the user may have to do so. The user may not make the Game available to third parties, whether as an application service provider, or on an outsourcing, membership or subscription, rental, cloud service, managed or hosted service, or other similar basis. The user may not extract Game Content or provide Game Content, as described in Section 8 below, to a third party. If the Game contains license management technology, the user may not circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.
3.3 Game Updates
Incineration Productions may from time to time update or otherwise modify the Game electronically, or require the user to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. The user must install such Updates before the user will be allowed to proceed to play the Game. If the user fails to install the new release when required, Incineration Productions will not be responsible in any way for the user’s inability to play SpellPunk, and the user shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
Incineration Productions has no obligation to maintain, modify or add specific functionalities to the Game or the software which is used to make it accessible and usable for you.
3.4 New Releases of the Game
The user is not entitled to receive any new releases of the Game, or any expansion packs, updates, upgrades or similar products under the EULA, but Incineration Productions may, in its sole discretion, offer any or all of the foregoing to the user. Incineration Productions may provide new releases or otherwise enhance the Game at any time, in its sole discretion, without obligation to the user. Any such new release or other enhancement of the Game may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, Incineration Productions will require all users to migrate to new releases of the Game in order to continue to play it. If the user fails to update the Game and install the new release when required, Incineration Productions will not be responsible in any way for the user’s inability to play SpellPunk VR, and the user shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
4. Term and termination
This EULA is effective from the earlier of the date you pay the fee, download or play the Game, until terminated according to the terms below.
4.1 Termination by Incineration Productions for termination of the Game
Incineration Productions does not guarantee that it will continue to support the Game indefinitely. Incineration Productions may, in its sole discretion, cease to provide any or all of the items or services offered in connection with SpellPunk VR (including patches and updates) and terminate the EULA. Incineration Productions may communicate such termination to the user upon 30 days’ notice in any of the following manners: (i) when the user logs into the user Account (ii) in a notice on Incineration Productions’ website; (iii) via electronic mail; or (iv) in another manner that Incineration Productions deems suitable to inform the user of the termination. If Incineration Productions terminates the EULA pursuant to this section, the user will not be entitled to receive a refund of any Fees.
4.2 Termination by Incineration Productions for breach or misconduct
Incineration Productions, in its sole discretion, may immediately and without notice terminate the EULA and cancel all rights granted to the user under the EULA if: (i) the user fails to pay the fee when due; (ii) Incineration Productions is unable to verify or authenticate any information the user provides; (iii) the user or anyone using accessing SpellPunk VR materially breaches the EULA, makes any unauthorized use of the Game, or infringes the rights of Incineration Productions or any third party; or (iv) Incineration Productions becomes aware of gameplay that is, in Incineration Productions’ discretion, inappropriate, offensive, or in violation of the rules of conduct. Incineration Productions may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach the user. Termination by Incineration Productions under this section shall be without prejudice to or waiver of any and all of Incineration Productions’ other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. The user will not be entitled to receive a refund of any fees for a termination pursuant to this section.
4.3 Termination by the user
4.3.1 Termination of EULA
The user may terminate the EULA upon notice to Incineration Productions via electronic mail at firstname.lastname@example.org. Upon termination of the EULA, the user must cease playing and/or accessing the Game immediately. Upon termination of the EULA, the user will not be entitled to receive a refund of any fees in the event of such termination.
4.3.2 Change in the EULA
If an amendment alters a term of the EULA that is unacceptable to the user, the user may, as the user’s sole and exclusive remedy, terminate the EULA. The user may terminate the EULA by notifying Incineration Productions via electronic mail to Incineration Productions at email@example.com within thirty (30) days after the amended EULA was communicated to the user, provided that the user has not downloaded, accessed or played the Game during that period. The user’s notice must state that the user does not agree to the amended EULA, specifically describing the amendment(s) with which the user disagree, and that the user wishes to terminate the EULA. The user will not be entitled to receive a refund of any fees in the event of such termination. If the user downloads and/or continues to access or play the Game, the user shall be deemed to have accepted the amended EULA and waive the user’s rights to terminate under this section.
4.4 Effects of Termination
If for any reason the EULA is terminated, all rights granted to the user under the EULA will terminate, unless expressly reserved by applicable law. The user must discontinue the user’s use of the Game, the user may not access or play the Game, and all the acquired attributes within the game, including, but not limited to progress, will be lost. Upon termination of the EULA, user shall immediately uninstall the Game and delete all copies of the Game from his/her device or from his/her desktop. If for any reason the EULA is terminated, the user will not be entitled to compensation for the past time the user spent playing SpellPunk VR, or for any other compensation.
5. User conduct
5.1 Specifically Restricted Conduct
The user’s license to play the Game is subject to proper conduct. Without limiting Incineration Productions’ rights to control the Game environment, and the conduct of the players within that environment, Incineration Productions prohibits without limitation the following practices:
5.1.1. The user may not use the user’s own or third-party software to modify any content appearing within the Game environment or change how the Game is played.
188.8.131.52. The user may not use the user’s own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate game play, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. The user may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
184.108.40.206. The user may not use any information accessible through the Game, to bypass the Game architecture or create or provide any other means through which the Game may be accessed and/or the Game may be played by others, as, for example, through server emulators.
220.127.116.11. The user may not submit any content to any chat room or other public forum hosted by Incineration Productions that is harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights, or data protection and privacy.
5.2 Compliance with rules of conduct
6. Privacy and use of personal data
Incineration Productions may collect personal data from users when they use and play the Game. The information may include user’s profile name or other online identification, preferences and settings including communication or content restrictions and parental control settings, other account information such as language selection, any dates the foregoing data is modified, and any other information relating to the user’s account, as well as any information relating to the user’s play or use of the Game, including of the user’s gameplay statistics, preferred strategies, trends, history of technical issues and support usage.
Such data is gathered to facilitate the usage of the Game, and may be processed for the limited purposes of: (i) verification or authentication of a user’s identity, (ii) establishing an account with Incineration Productions, (iii) the provision of services to users, such as gameplay and technical support, and (iv) marketing and offering Incineration Productions products and services to the user, subject to their consent.
Personal information collected in this framework is processed in compliance with the EU General Data Protection Regulation of 14 April 2016 (the "GDPR”).
The processing of personal data is necessary for the performance of this EULA and in certain cases is based on a legitimate interest of Incineration Productions and its partners, in order to provide the users with the best game experience. Personal data may be processed for marketing purposes to the extent the user has explicitly consented to this.
The term “User Personal Data” means the following information relating to the user’s personal account details: the user’s profile name or other online identification, preferences and settings including communication or content restrictions and parental control settings, other account information such as language selection, any dates the foregoing data is modified, and any other information relating to the user’s account. The term “User Gameplay Information” means any information relating to the user’s play or use of the Game, including of the user’s gameplay statistics, preferred strategies, trends, history of technical issues and support usage. User Personal Data and User Gameplay Information together constitute “User Data”.
6.2 Collection and Use of User Personal Data
6.3 Collection and use of User Gameplay Information
The user acknowledges and agrees that Incineration Productions may collect and store User Gameplay Information about the user, both as an individual and aggregated with the User Gameplay Information of other users of the Game. In addition, the user acknowledges and agrees that Incineration Productions may analyze and use such User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of Incineration Productions products and services.
6.4 Transfer and Sharing of User Data
6.5 The user agrees that Incineration Productions may transfer, share, and/or store the user’s User Data:
18.104.22.168 whether inside or outside the European Economic Area where reasonably necessary to administer, operate maintain and support the Game;
22.214.171.124 in particular, to the US and the People’s Republic of China for the purpose of managing customer support and technical issues, provided that such transfer is subject to the EU-US Privacy Shield or equal rules; and
126.96.36.199 with Incineration Productions’ Partner, and other suitable third parties under a binding duty of confidentiality in order for such third parties to carry out the limited activities of Incineration Productions permitted according to this Section
6.7 User rights
6.7.1.The consent is provided until it is revoked. The personal data may be modified or supplemented, and the consent to processing thereof may be revoked by sending an e-mail to . In such case, the provided User Data will be updated, blocked or deleted as requested, and if required, we will discontinue to process your personal data. Upon request to migrate your personal data, your personal data will be made available for you to download. Such request must be sent to the above e-mail address. You can also at any time stop us from collecting your personal data by discontinuing using the Game.
7. Security and disclosure of User Data
Incineration Productions does not guarantee that User Data transmitted to Incineration Productions, including without limitation information in the user’s account and/or User Personal Data, will not be disclosed to third parties. While Incineration Productions’ aim is to keep the user’s User Data confidential and Incineration Productions employs security measures to protect it, third parties may unlawfully intercept transmissions or private communications, or access data within Incineration Productions’ systems. Incineration Productions may (and the user hereby expressly authorizes Incineration Productions to) disclose information about the user to private entities, law enforcement or other government officials, as Incineration Productions, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries. The user further agrees that in the event of a failure in the Game, Incineration Productions’ systems and software, Incineration Productions may provide crash dump information (which is information on the state of a computer system when a crash occurs, and may include the user’s User Data) to third parties under suitable confidentiality restrictions in order to review, analyze and provide reports on such information to determine the cause or correction of the failure.
8. Proprietary rights
As between the user and Incineration Productions, Incineration Productions is the sole and exclusive owner of the Game and Game Content (as defined below). The Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. Incineration Productions reserves all rights not expressly stated herein. The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, objects and attributes comprising or associated with a character), graphics, sound effects, music, animation, video, text, content, design and other information downloaded from and accessible through the Internet when applicable (collectively, the “Game Content”). Incineration Productions, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Game and all Game Content, and no rights thereto are transferred to the user, except for the limited license granted above. The user hereby irrevocably, and without additional consideration beyond the rights granted to the user herein, assigns to Incineration Productions any and all right, title and interest the user has, including copyrights, in or to any and all information the user exchanges, transmits or uploads while playing the Game, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information. To the extent that any such rights are not assignable, the user hereby grants Incineration Productions an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed. Furthermore, the user authorizes Incineration Productions to use any feedback and ideas user provides in connection with his/her use of the Game for any purpose. Violation of Incineration Productions’ proprietary rights is a material breach of the EULA, in the event of which Incineration Productions may terminate the EULA and take whatever additional action Incineration Productions deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of Incineration Productions’ other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
9. Warranties, damages and limitation of liability
The Game, all Game Content, and all other services and material provided in connection therewith, are provided “AS IS,” with all faults, and without warranty of any kind. The user assumes all risk of use and all risk associated with playing the Game. Incineration Productions disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with the user’s enjoyment of the Game. Incineration Productions does not warrant that the Game will meet user’s requirements and that the operation of the Game or the user’s access to the Game, or that the user’s use of the Game will be uninterrupted or error-free, or that the Game will be compatible with the user’s hardware and software. In the event of a malfunction of, or the user’s inability to use, the Game the user has downloaded, the user’s sole and exclusive remedy shall be a replacement download, and Incineration Productions shall have no liability for the faulty download. Incineration Productions bears no liability for the possible delay, limitation, disturbed or missing communication resulting from the user's Internet subscription. Incineration Productions is not responsible for the Internet connection of the user. Under no circumstances shall Incineration Productions, its affiliates, Incineration Productions’ Partner, licensors or suppliers be liable to the user or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, loss of profit or loss or corruption of data), arising out of or in connection with the Game, Game Content, the EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not Incineration Productions is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose. In no event shall Incineration Productions be liable for any damages in excess of any amount you have paid to Incineration Productions for Game-related transactions, if any, during the six (6) months immediately prior to the time your cause of action arose. This limitation of liability is cumulative and not per incident. Nothing in this EULA shall limit any party’s liability in respect of fraud, death, personal injury, or anything else in respect of which liability may not be limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this Section 9 or elsewhere in the EULA are declared to be void or unenforceable, then Incineration Productions’ liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
The user shall defend, indemnify and hold harmless Incineration Productions and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys’ fees, arising out of: (i) the user’s use or misuse of the Game; (ii) any activities conducted with the user’s copy of the Game (whether by the user or another person); and (iii) the user’s playing of the Game.
12. Seizure warning
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE, THE GAME OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
13. Amendments to EULA
Incineration Productions may, in its sole discretion, amend the EULA from time to time by posting an amended version at and/or notifying the user when the user attempts to access the Game. The user must accept the amended EULA in order to continue to play the Game. If the amendment alters a material term of the EULA that is unacceptable to the user, the user may, as the user’s sole and exclusive remedy, terminate the EULA and close the user’s Account as set out in Section 4.
14. Force Majeure
Except for payment obligations, neither party will be responsible for failure of performance due to an event beyond the affected party’s reasonable control, such as severe weather events, acts of God, actions of any government agency, acts of government bodies, pandemic, acts of terrorism, or the stability or availability of the Internet or portions thereof.
15. Governing law and jurisdiction
a. Governing law. This Agreement shall be governed by and construed under and in accordance with the laws of the Republic of Bulgaria. To any matter unspecified by this Contract, the provisions of the current Bulgarian legislation shall be applicable.
b. Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA (“Dispute”), you and Incineration Productions agree to first attempt to negotiate any Dispute and settle it by mutual consent of both parties. Such informal negotiations commence upon written notice from one of the parties to the other. You shall send your notice to Incineration Productions by submitting a Support Ticket through Customer Support at or alternatively by post mail to Incineration Productions, 31 Lajosh Kossuth str., 1606, Sofia, Bulgaria. Incineration Productions will send its notice to user to the email address specified by the user.
c. Jurisdiction. If you and Incineration Productions are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by the competent Bulgarian court. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the Republic of Bulgaria.
The Game is operated by Incineration Productions in the Republic of Bulgaria. Those who choose to access the Game from locations outside the Republic of Bulgaria do so on their own initiative and are responsible for complying with any laws applicable to the use of the Game in the territory they have accessed it from.
Incineration Productions’ failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. If you have any questions concerning these terms and conditions, or if you would like to contact Incineration Productions for any other reason, please contact Incineration Productions through its website at firstname.lastname@example.org. Incineration Productions may provide you with notice via email or postings on a suitable place on the Website.
In the event any provision of this EULA shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the entry into force and the validity of any other provision of the EULA. The invalid clause will be replaced by the mandatory provisions of the law or the common practice.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “I AGREE” AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Last modified: [31st of March 2020]