Terms Of Use

1. YOU MUST AGREE TO THIS TERMS OF USE AGREEMENT BEFORE PLAYING OUR GAME

This Terms of Use Agreement (“Agreement”) informs you of the terms, condi­tions, disclaimers, notices and policies (collec­tively the Terms”) that apply to your access and use of the game, Until You Fall (“Game”). This Agreement is a binding contract between you and Schell Games (​“Company”,​”Schell Games”, we”, or​“us”) and provides for important rights and oblig­a­tions. By accessing and/​or playing, down­loading or browsing our Game you represent to us that you have read, under­stood and agree to be bound by this Agreement and all applic­able local, state, national and inter­na­tional laws and conven­tions, including without limi­ta­tion all intel­lec­tual property laws. Schell Games reserves the right, at its sole and absolute discre­tion, to deny any user access without notice. If you violate any of the Terms, we may, at our option, give you a warning notice of violation or terminate your account imme­di­ately for violation of the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE OUR GAME.

2. ELIGIBILITY TO ACCEPT AGREEMENT AND USE SITE

You must be at least 13 years of age to access and use the Services. There is no exception to this require­ment. Schell Games does not knowingly collect any personal infor­ma­tion from children under the age of 13 that falls within the Children’s Online Privacy Protec­tion Act and Rule. By your use of the Services, you agree that you are either 18 years of age or older, or an eman­ci­pated minor, or possess legal parental or guardian consent, and that you are fully able and competent to under­stand and accept this Agreement as a binding contract and to abide by all Terms.

3. OUR RIGHT TO MODIFY AGREEMENT

Schell Games may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Site. Your continued use of the Services after such modi­fi­ca­tion shall be deemed to be your accep­tance of any such modi­fi­ca­tion. Any such modi­fi­ca­tion will only apply to matters and events that occur following the date of modi­fi­ca­tion. You may not modify this Agreement without the prior written autho­riza­tion of an officer of Schell Games. It is your respon­si­bility to check this Agreement regularly to determine whether the Agreement has been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY UNINSTALL ANY GAMES YOU MAY HAVE INSTALLED ON YOUR COMPUTER.

4. POLICY ON PRIVACY

The Game includes a Privacy Policy relating to the collec­tion, use and disclo­sure of your infor­ma­tion. Please read the Privacy Policy provided on the Game’s website carefully. By playing the Game, you are consenting to the Privacy Policy.

5. OUR OWNERSHIP OF THE SERVICES AND PROPRIETARY MATERIALS

The Services contain copy­righted material, tech­nology, trade­marks, service marks, trade secrets and other propri­etary infor­ma­tion, which may include computer code, text, data, video, images, illus­tra­tions, anima­tions, sounds, musical compo­si­tions and record­ings, audio­vi­sual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related docu­men­ta­tion (collec­tively the Propri­etary Material”). All intel­lec­tual property rights to the Propri­etary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by Schell Games. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Propri­etary Material, or to partic­i­pate with or to encourage others to engage in such acts, without the prior written consent of Schell Games. Moreover, you may not reverse engineer, disas­semble, decompile, or translate any computer software programs that comprise Propri­etary Material, or otherwise attempt to derive the source code of such programs, except to the extent allowed under any applic­able law. If applic­able law permits such activ­i­ties, any infor­ma­tion so discov­ered must be promptly disclosed to Schell Games and shall be deemed to be the confi­den­tial propri­etary infor­ma­tion of Schell Games. Nor may the Propri­etary Material, or any portion thereof, be modified or used for any purpose other than as expressly autho­rized in this Agreement. The Propri­etary Material may include materials licensed by Schell Games from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY SCHELL GAMES AND ITS LICENSORS.

6. USER SUBMISSIONS INCLUDING USER-GENERATED CONTENT

All comments, feedback, sugges­tions, gameplay features, level designs, and other submis­sions (“User Ideas“) disclosed, submitted, or offered to Schell Games shall be the exclusive property of Schell Games. Unless otherwise prohib­ited by law, Schell Games may use, sell, exploit, or create deriv­a­tive works from these User Ideas and, further, Schell Games may disclose these User Ideas to third parties or the general public, without compen­sa­tion to you.

YOU ACKNOWLEDGE THAT USER IDEAS AND USER-GENERATED CONTENT ARE PROVIDED BY YOU ON A COMPLETELY VOLUNTARY BASIS. SHOULD YOU NOT WISH TO HAVE YOUR USER IDEAS AND USER-GENERATED CONTENT INCORPORATED INTO ANY GAME OR WEBSITE FUNCTIONS, YOU MAY CHOOSE NOT TO SHARE THEM WITH SCHELL GAMES.

7. GENERAL DISCLAIMERS

(a) THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU AS ISWITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, Schell Games DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, SCHELL GAMES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

(b) SCHELL GAMES IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL SCHELL GAMES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITE OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.

© THE SERVICES ARE CONTROLLED AND PROVIDED BY SCHELL GAMES FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. SCHELL GAMES MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.

(d) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW

SCHELL GAMES, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT SCHELL GAMES CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.

9. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Schell Games, its offers, directors, employees and agents, from and against all claims, damages, oblig­a­tions, losses, liabil­i­ties, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limi­ta­tion any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indem­ni­fi­ca­tion oblig­a­tion will survive this Agreement and your use of the Services.

10. GENERAL PROVISIONS

Any dispute arising out of this Agreement shall be resolved in accor­dance with the laws of the Common­wealth of Penn­syl­vania, USA without reference to its conflict of law provi­sions. You agree that any claim asserted in any legal proceeding by you or Schell Games shall be commenced and main­tained in any state or federal court located in Allegheny County, Penn­syl­vania, USA, having subject matter juris­dic­tion with respect to such dispute. You and Schell Games agree to submit to the personal juris­dic­tion of such court. The prevailing party in any such proceeding shall be entitled to reim­burse­ment of court costs, including a reason­able attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent juris­dic­tion to be unen­force­able, such provision will be enforced to the maximum extent permis­sible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or oblig­a­tions provided in this Agreement without the express prior written approval of Schell Games; Schell Games may assign this Agreement without restric­tion of any kind. No failure on the part of Schell Games to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement consti­tutes and contains the entire agreement and under­standing between you and Schell Games with respect to the subject matter hereof and super­sedes any prior oral or written agree­ments or under­stand­ings.