Terms of Service and End-User License Agreement
Last updated 29 March 2021
TLDR SUMMARY
- You must also agree to the third party service provider’s Terms of Service or similar to play our games
- Legally we reserve the right to suspend the game/service to you at any time (but in reality we do not expect this to happen, and you are free to contact our support for options)
- You give Frozenbyte (and by extension streamers and video creators) the right to use your player name, text chat lines, and voice dialogue if the game allows these features in online multiplayer
- You are allowed to stream the game or create e.g. Let’s Play videos
For any questions, please get in touch with us at [email protected] .
Below is the legally-binding Terms of Service and End-User License Agreement. We have tried to summarize it above but legally you agree to the full agreement below:
TERMS OF SERVICE AND END-USER LICENSE AGREEMENT
This is a legal agreement (”Agreement”) between you (hereninafter referred to as ”you”, ”your”, ”Licensee”) and Frozenbyte Oy (”Frozenbyte”), the developer and creator of several computer and video games, governing your use of Frozenbyte’s games (”Game”, ”Games” or Game(s)”). Frozenbyte is a duly registered company under Finnish laws with the identification number FI17367343 and has its registered address at Krogiuksentie 17, 00340 Helsinki, Finland.
By installing the Game(s), you must agree and abide by these third-party service provider’s terms and conditions, accordingly to the game and platform:
Steam:
By installing the Game(s), you must agree and abide by the Steam® Subscriber Agreement (”SSA”) found in the Steam Client and at https://store.steampowered.com/subscriber_agreement/ .
Stadia:
By accessing the Game(s) on Stadia, you must agree and abide by the Stadia Terms of Service. Frozenbyte is the sole responsible party for the Game(s). Google is a third-part beneficiary to this Agreement and has the right to enforce its terms. If there is a conflict between these terms and the Stadia TOS, the Stadia TOS will control for that conflict.
In addition, by playing the Game(s), you agree to the terms and conditions herein and all terms incorporated by reference, including the Privacy Policy and Code of Conduct where applicable. Do not play the Game(s) if you do not agree to all of these terms.
The terms of this Agreement may be modified from time to time. Changes become effective immediately upon posting and will be posted at https://frozenbyte.com/terms-of-service . Should there be any major changes that could reasonably be judged to affect your ability or desire to play the Game(s), Frozenbyte may post excerpts of the changed section or post announcements online in social media, newsletter or on the game forums (if any), in an attempt to enable you to review the changes and terminate the Agreement and stop playing the Game(s) if you do not agree to the changes. By continuing to use and access the Game(s) you agree to the then-current Agreement.
LICENSE GRANT
Frozenbyte Games are licensed to you, not sold. Frozenbyte hereby grants you a limited, revocable, non-transferable, non-exclusive license to access and play the Games for your personal, non-commercial use strictly in accordance with the terms and condititions of this Agreement (”License”). Frozenbyte reserves all rights in and to the Games that are not expressly granted to you under this Agreement. Ownership of the Games and all intellectual property rights in and to the Games remain the property of Frozenbyte.
You may also create and make publicly available videos or streams, such as a reviews, previews, ”Let’s Plays”, on third party services and enable monetization. You may also use the music and soundtrack of the Games in your videos or streams, as long as the use is directly related to the game. Using any part of the Games separately not in connection with the game is not allowed.
ACCOUNT
The Games may require you to have a third party account for access.
You may use the Games with multiple accounts (if each account has a legal license) unless the purpose of multiple accounts is to circumvent or evade e.g. temporary bans or other disciplinary actions or restrictions.
UPDATES AND MODIFICATIONS
Frozenbyte may update the Games from time to time at its sole discretion. Frozenbyte is not obligated to provide any such updates to you or anyone else.
Frozenbyte reserves the right to modify, suspend or discontinue, temporarily or permanently, the Games or any service to which they connects, including online services, with or without notice and without liability to you. In the event of a permanent discontinuation of the Games or any online services, Frozenbyte will attempt to provide a written notice within the game for at least 6 months prior to any discontinuation, and where reasonably possible, assist players in setting up alternative ways to continue playing the Games.
USER CREATED CONTENT
Everything in the Games is and remains the property of Frozenbyte.
During the course of playing the Games, you may create content (”User-Created Content”, ”UCC”). You may use this content as part of playing the Games in the ways that the game allows, but you do not own the content.
UCC also includes e.g. voice chat dialogue content and player names, as well as text chat content, which may be created by you in online multiplayer.
Frozenbyte may use and exploit all user created content in any and all ways. For example, Frozenbyte may take screenshots or videos of the UCC content and post these on the internet on their own or as part of a larger work such as a video feature. You hereby grant Frozenbyte an irrevocable license to use and exploit any such content free of charge as part of the game, and by extension allow e.g. streamers and video creators the same.
USER CREATED CONTENT – INFRINGEMENT
You agree not to use any third party’s copyrighted intellectual property without authorization. You are responsible for any legal issues related to copyright infringement arising from any user-created content that you have created or have been involved in creating or otherwise assisted in.
USER CREATED CONTENT – FOR COPYRIGHT OWNERS
Frozenbyte will respond to notices of alleged copyright infringement. For any third party claims related to copyright claims based on intellectual property wrongly used in the Games by users and content users have created, please contact Frozenbyte.
TERM AND TERMINATION
This Agreement remains in effect until terminated by you or Frozenbyte or the third-party service provider.
Frozenbyte may, at its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. You are entitled to a refund if the termination is unwarranted and directly caused by Frozenbyte and not by the third party service provider.
Upon termination of this Agreement, you shall cease all use of the Games and uninstall all copies of the game.
DISCLAIMER OF WARRANTIES
FROZENBYTE PROVIDES ITS GAMES AND ANY RELATED SERVICES “AS IS”. OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT, FROZENBYTE AND ITS AFFILIATES AND DISTRIBUTORS DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE GAMES OR RELATED SERVICES. FOR EXAMPLE, FROZENBYTE MAKES NO COMMITMENTS ABOUT THE SUITABILITY OF THE GAMES’ CONTENT, FUNCTIONALITY, OR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS OR DESIRES. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, FROZENBYTE EXCLUDES ALL WARRANTIES.
LIMITATIONS OF LIABILITY
WHEN PERMITTED BY LAW, FROZENBYTE AND ITS AFFILIATES AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FROZENBYTE AND ITS AFFILIATES AND DISTRIBUTORS FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID
TO ACCESS THE GAMES. IN ALL CASES, FROZENBYTE AND ITS AFFILIATES AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
DISPUTES AND GOVERNING LAW
The laws of Finland, excluding its choice of law rules, will apply to any disputes arising out of or relating to this Agreement or the Games. All claims arising out of or relating to the Games must be litigated exclusively in the District Court of Helsinki, Finland, and you and Frozenbyte consent to personal jurisdiction in that court.
Prior to any court action, you and Frozenbyte agree to try to resolve any and all issues via mutual negotiation by email or other form of communication.
MISCELLANEOUS
If any particular term in this Agreement is not enforceable, it will not affect any other terms.
If you do not comply with these terms, and Frozenbyte does not take action immediately, this doesn’t mean Frozenbyte is giving up any rights that Frozenbyte may have (such as taking action in the future).
PRIVACY POLICY
By agreeing to this Agreement you also agree to our Privacy Policy located at https://frozenbyte.com/privacy-policy
SUPPORT
We hope you have a good time playing our Games! We provide support online via email at [email protected] . You may also join one of our Discord servers at chat with one of our Community Managers (see our website for the latest links). We usually try to reply to emails within 24 hours, and on Discord we are online usually during the Finnish business hours (approx. 05:00-13:00 UTC)
CONTACT
You may contact Frozenbyte at [email protected] for any issues or questions related to the Games or this Agreement.
LEGAL REMARKS
Trine is a trademark or registered trademark of Frozenbyte Oy in the U.S. and other countries.
Stadia is a trademark of Google LLC.
Steam is a trademark and/or registered trademark of Valve Corporation in the U.S. and/or other countries.
Discord is a trademark and/or registered trademark of Discord, Inc. in the U.S. and/or other countries.
