Effective Date: May 26, 2021
1. Acceptance of these Terms of Use
These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) are entered into by and between you and Innersloth LLC, a Washington limited liability company (the “Innersloth,” “we,” “our,” and their derivatives). These Terms of Use govern your use of the video games we publish and distribute, including Among Us, Dig2China, and The Henry Stickmin Collection (collectively, the “Games”, and each, a “Game”).
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. BY USING ANY OF THE GAMES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY (AVAILABLE AT HTTPS://INNERSLOTH.COM/PRIVACY.PHP) (THE “PRIVACY POLICY”) THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE GAMES.
In order to agree to these Terms of Use, you need to (a) be 18 years or older, or have your parent or guardian’s consent to agree to these Terms of Use, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
2. Privacy Policy
All personal information we collect through the Games is subject to our Privacy Policy. Please let us know if you have any questions about our practices concerning how we collect, use, protect, store, disclose, and otherwise process your personal information.
3. Accounts for the Games
You must provide current and accurate information that may be required as part of the registration process and/or continued use of the Games. You are responsible for maintaining the confidentiality of your account information for the Games.
You must promptly notify us of any breach of security related to the Games, including, without limitation, the unauthorized use of your account. To help ensure the security of your account, please sign out from your account at the end of each session.
4. In-Game Purchases
If you make any In-Game purchases, then you agree the terms and conditions and/or EULA of the app store (e.g., Google Play Store, iOS App Store, or Steam Store) on which you installed the Game govern, and you will direct all communications relating to such in-Game purchases to that app store, including any requests for refunds.
5. Intellectual Property Rights
All aspects of the Games, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Games (collectively, “Innersloth IP”), are owned by Innersloth, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2015 Innersloth LLC, Among Us™, Dig2China™, and The Henry Stickmin Collection™, and all related names, logos, product and service names, designs, and slogans are trademarks of Innersloth or its affiliates or licensors. You must not use such marks without the prior written permission of Innersloth, and Innersloth reserves all rights. All other names, logos, product and service names, designs, and slogans on the Games are the trademarks of their respective owners.
6. Feedback
You may elect to informally provide us with Feedback from time to time. You agree that Innersloth will own, and you hereby assign to Innersloth your intellectual property rights in and to any and all Feedback and that Innersloth will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback, ideas, or suggested improvements you provide to Innersloth regarding the Games.
7. Limited License to Use the Games
These Terms of Use permit you to use the Games and view and use the content contained in the Games for your personal, non-commercial use only. Additionally, your use of such Games may be subject to an end-user license agreement or other written terms (“EULA”). In the event of any conflict or inconsistency between the terms of any such EULA and these Terms of Use, such EULA will control. As to each Game, the license contemplated by this paragraph gives you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal, non-commercial use for gameplay. For clarity, the foregoing license with respect to each Game is only granted to those persons that have purchased from or otherwise been given access to the particular Game by us or one of our third-party distributors, subject to any applicable EULA and other applicable obligations. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Games. You must not access or use for any commercial purposes any part of the Games or materials available through them. No right, title, or interest in or to the Games or any content thereof is transferred to you, and all rights not expressly granted are reserved by Innersloth. Any use of the Games not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
8. Limited License to Broadcast Gameplay
Innersloth believes that the Games are best served by an active and excited community of users. To encourage community growth and development, we hereby grant each user (“Broadcasting User”) a limited, revocable, royalty-free license to broadcast (i.e., upload and livestream) such Broadcasting User’s unique play within the Game, including the sounds and music in the Game (“Broadcasted Content”).
In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you nonexclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that the relevant user opts out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content including of that user is revoked.
Any user may revoke such user’s permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Innersloth may also provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). Innersloth does not assume any responsibility for ensuring compliance with the foregoing.
The above limited license is subject to the following additional conditions:
(a) a Broadcasting User may create Broadcasted Content and distribute such Broadcasted Content on their website, or other websites, where anyone can view the Broadcasted Content for free;
(b) Some acceptable forms of Broadcasted Content include, without limitation, let’s play videos, walkthroughs, speedruns, tutorials, reviews, reactions, instructionals, and other videos which include your commentary;
(c) the Broadcasted Content must strictly comply with these Terms of Use, any applicable EULA, and the Privacy Policy;
(d) a Broadcasting User cannot disclose any unofficially released, unauthorized, or leaked video or content of any kind related to the Games;
(e) a Broadcasting User cannot use the Broadcasted Content to make money or gain any other financial benefit, except a Broadcasting User may monetize the Broadcasted Content through partner programs and/or advertising, provided such Broadcasted Content is available to the public for free;
(f) Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, terms of use, policies, rules, and guidelines; and
(g) Innersloth may revoke a Broadcasting User’s license to broadcast the Broadcasted Content for any or no reason and without notice.
9. Modded Versions of the Games
If have you purchased the Game or otherwise rightfully been given access to the Game by us, you may modify it by adding modifications, tools, or plugins that create new content or features in the Game (a “Modded Version”), provided you comply with these Terms of Use and our Mod Policy. Any Modded Version that violates these Terms of Use or our Mod Policy is prohibited. Innersloth, in its sole discretion, can revoke your permission to create a Modded Version at any time and for any reason.
10. Fan Content
“Fan Content” means your fan art (such as artwork, photographs, videos, and other materials) that is based on Innersloth IP. You may create Fan Content so long as you comply with these Terms of Use and our Fan Content Policy & IP Guidelines. Any Fan Content that violates these Terms of Use or our Fan Content Policy & IP Guidelines is prohibited. Innersloth, in its sole discretion, can revoke your permission to create Fan Content at any time and for any reason.
11. Prohibited Uses
You may use the Games only for lawful purposes and in accordance with these Terms of Use. In addition to the above obligations, you agree not to:
(a) use the Games in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate Innersloth or anyone else;
(b) use the Games to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
(c) use the Games to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Games about anyone without their express permission;
(d) remove any copyright, trademark, or other proprietary rights notices contained in or on the Games;
(e) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Games or interfere with anyone else’s use of the Games;
(f) engage in any other conduct that affects anyone else’s use or enjoyment of the Games or that, as determined by us, may harm Innersloth;
(g) cheat, including, without limitation, by accessing the Games in an unauthorized manner, playing with multiple accounts for the same Game, sharing accounts, using any techniques to alter or falsify a device’s location (for example, through GPS spoofing), changing your age in any Game, and selling or trading accounts;
(h) use any robot, spider, or other automatic or manual device, process, or means to access the Games for any purpose, including monitoring or copying any of the material on the Games;
(i) modify, adapt, translate, or reverse engineer any portion of the Games, excepting Modded Versions in compliance with Section 9;
(j) use any device, software, or routine that interferes with the proper working of the Games;
(k) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(l) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Games, including any server on which the Games are stored, or any server, computer, or database connected to the Games;
(m) attack the Games via a denial-of-service attack or a distributed denial-of-service attack;
(n) otherwise attempt to interfere with the proper working of the Games; and
(o) encourage or enable any other person to do any of the foregoing.
Additionally, to ensure that the Games are a safe and welcoming space for all users, you agree to report to us any users that you believe are violating any of the foregoing prohibitions by emailing us at [email protected].
Although Innersloth is not obligated to monitor access to or use of the Games, we have the right to do so for the purpose of operating and updating the Games, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Games, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Games to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Games, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
12. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Games. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Games, or by anyone who may be informed of any of the contents of the Games.
13. Links to and from the Games
You may link to our Games, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If the Games contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Updates and Changes to the Games and Unavailability of the Games
We reserve the right to withdraw or modify the Games in our sole discretion without notice. We will not be liable if for any reason all or any part of the Games is unavailable at any time or for any period, and we are under no obligation to support previous version(s) of the Games upon the availability of an update, upgrade, or implementation of additional features.
15. Termination
We may terminate your access to and use of the Games, at our sole discretion, at any time and without notice to you. Upon termination of the Games, Sections 5, 6, 12, 13, 16, 17, 18, 22, 23, and 24 will survive such termination.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK. THE GAMES AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES ARE PROVIDED BY INNERSLOTH ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INNERSLOTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER INNERSLOTH NOR ANYONE ASSOCIATED WITH INNERSLOTH REPRESENTS OR WARRANTS THAT THE GAMES, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE GAMES, OR ELECTRONIC COMMUNICATIONS SENT FROM INNERSLOTH REGARDING THE GAMES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAMES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GAMES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL INNERSLOTH, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE GAMES OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL INNERSLOTH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE GAMES OR THEIR CONTENT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INNERSLOTH AND YOU.
18. Indemnification
You agree to defend, indemnify, and hold harmless Innersloth, its affiliates, licensors, and service providers, and its and their respective members, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Games.
19. Epic Games Users
If you installed the Game through the Epic Games Store, the following additional terms apply: Epic Games disclaims any representations, warranties, conditions, and liabilities related to any and all materials and information provided by Epic Games for the Games, including the SDK, developer portal, and the data of its end-users.
20. PlayStation Users
The following additional terms apply where you use the Games on a PlayStation system: these Terms of Use are between you and us, Innersloth LLC, not you and Sony Interactive Entertainment LLC (“SIE”) or any of its affiliates. However, SIE and its affiliates are third-party beneficiaries of these Terms of Use. We are solely responsible for the Games, and not SIE or any of its affiliates.
21. iOS Users
If you installed the Game through the iOS App Store, the following additional terms apply:
(a) you and Innersloth acknowledge that these Terms of Use are not with Apple, and Apple is not responsible for the Game or its content;
(b) you may not use the Game in any manner that is in violation of or inconsistent with Apple’s usage rules or the terms of the iOS App Store (collectively, the “Apple Terms”);
(c) your license to use the Game is limited to a non-transferable license to use the Game on an iOS product that you own or control, as permitted by the Apple Terms;
(d) you acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Game;
(e) you acknowledge that Apple is not responsible for any product or software warranties, whether express or implied by law; and in the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, via the methods described in the iOS App Store, and Apple will refund the purchase price for the Game to you, if any, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, to the extent that it cannot be disclaimed under applicable law;
(f) you and Innersloth acknowledge that Innersloth is solely responsible for addressing any claims by you or any third-party relating to the Game or your possession or use of the Game, including product liability claims, any claim that the Game fails to conform to any applicable legal or regulatory requirement, and any claim arising under consumer protection or similar legislation; and in the event of any third-party claim that the Game or your possession or use of the Game infringes that third-party’s intellectual property rights, Innersloth, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
(g) you represent and warrant that you are not located in any country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; you are not listed on any U.S. Government list of prohibited or restricted parties; and you are not located in any other country or jurisdiction from which you would be barred from using the Game by applicable law;
(h) you must comply with all applicable third-party terms when using the Game; and
(i) you and Innersloth acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and Apple will have the right to enforce these Terms of Use against you as a third-party beneficiary.
22. Governing Law and Jurisdiction
All matters relating to the Games and these Terms of Use and any related dispute or claim will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Games must be instituted exclusively in the federal and state courts located in King County, Washington, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. Waiver and Severability
No waiver by Innersloth of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Innersloth to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
24. Entire Agreement
These Terms of Use, our Privacy Policy, Mod Policy, and Fan Content Policy & IP Guidelines, and our EULA for the applicable Game, if any, are the sole and entire agreement between you and Innersloth regarding the Games and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.
25. Changes to these Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Games, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.
26. Your Comments and Concerns
If you have any questions about the Games or these Terms of Use, please contact us at [email protected].