| Language: |
FOREVERS SKIES - END USER LICENCE AGREEMENT
1. ABOUT THIS AGREEMENT
1.1 This Agreement. This End User Licence Agreement (or “Agreement” for short) is a legally binding contract between you and Far From Home S.A., seated at ul. Łaciarska 4/402, 50-104 Wrocław, Poland (referred in this Agreement as “FFH”, “we” or “us”).
This Agreement applies to our video game Forever Skies, including game keys/codes (we will refer to “Forever Skies” or the “game” to cover all of these things).
1.2 Acceptance. This Agreement will be binding on you and us once you download, install or use Forever Skies (whichever is sooner). If you do not agree to it, you are not permitted to download, install or use Forever Skies.
1.3 Other Documents. Please make sure you also read our: – which details FFH’s collection, usage and protection of your personal information. All of these documents form part of this Agreement and we may update these from time to time. You may also need to agree and follow terms and conditions of any digital distribution platforms which you use to download and play Forever Skies.
2. AGE RESTRICTIONS AND CONTENT WARNING
2.1 Age Restrictions. Forever Skies has minimum age ratings (e.g. PEGI, ESRB) which may differ depending on where you are located and will be displayed when you purchase the game. You should only play Forever Skies if you meet the applicable minimum age rating. If you are above the applicable minimum age rating and you are over 18 (or whatever is the age of adulthood in your country) then please enjoy our game. If you are under 18 (or whatever is the age of adulthood in your country) – before we extend an equally warm welcome, please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter fully into contracts like this Agreement), plus they should supervise your use of the games, even if the age rating for a given game is lower than 18 years.
2.2 Content Warning. Forever Skies contains scenes and images that some may find disturbing. If you are sensitive to such content or such content is a trigger for you, please be aware of this before you begin playing the game.
3. USING Forever Skies
3.1 Licence. FFH gives you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use Forever Skies on your personal computer, games console and/or other devices/platforms that are explicitly authorised by FFH, i.e. on the platforms where FFH officially released Forever Skies, depending on the particular device/system/platform you purchased the game for. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in Forever Skies.
3.2 Seizure Warning. Forever Skies may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing Forever Skies. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and consult your doctor.
4. MINIMUM REQUIREMENTS AND MONITORING
4.1 Minimum Requirements. Forever Skies has minimum requirements depending on your chosen device/system/platform, which you will be notified of on the applicable Forever Skies store page. Please make sure you meet these requirements before purchasing the game!
4.2 Monitoring. In order to improve your in-game experience, prevent things prohibited by section 7 below, protect the integrity of Forever Skies, and enforce this Agreement, we may deploy software tools that run in the background of your device or related devices/peripherals when you use Forever Skies. Some of these software tools will be optional and we will only deploy them where you have agreed to it. If we need to introduce any mandatory software tools though then we will tell you about them first (e.g. in-game or via the Forever Skies website). You can find more details about this in our privacy policy .
5. PATCHES, UPDATES AND CHANGES
We may (but are not obliged to) patch, update or change Forever Skies over time (for example to add or remove features, to resolve software bugs or to balance the game). This will result in mandatory and/or automatic updates and older, non-updated versions may become unusable over time. We need these rights in order to keep Forever Skies running efficiently and we reserve the right to do this without notice or liability to you.
6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 Forever Skies Ownership. Forever Skies, including its visual components, characters, storylines, artwork, animations, designs, items, music and sound effects, dialogue, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by FFH or we license them from third parties. All rights in Forever Skies are reserved except as we have explained in this Agreement. You may not use or exploit any part of Forever Skies except as explained in this Agreement. Forever Skies and its Intellectual Property Rights are protected by copyright, trademark and other intellectual property laws worldwide.
“Intellectual Property Rights" means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
6.2 Third Party Property. FFH respects the intellectual property rights of others. If you believe that your work has been infringed in or via Forever Skies, please contact us via [email protected].
7. RULES FOR USING Forever Skies
There are some more rules to follow if you want to play Forever Skies. Please read the rules below and section 8 of this Agreement, since failure to follow them will be considered a ‘material breach’ of this Agreement, which could lead to suspension and/or termination of your access to Forever Skies. In particularly serious cases we retain the right to prohibit your future access to Forever Skies and our other games and services. You may also suffer the consequences indicated in the specific point below.
Here are the rules:
a) Personal Enjoyment. Only use Forever Skies for your personal enjoyment and not for any commercial purposes, unless explicitly permitted otherwise in section 8 of this Agreement.
b) Applicable Law. You must comply with all applicable laws and regulations when using Forever Skies.
c) No Transfer. Do not attempt to copy, rent, buy, sell, lend, share, lease, sublicense, transfer, distribute, publish or publicly display Forever Skies or any of your rights under this Agreement in any way not expressly authorised under this Agreement. Also do not steal or misappropriate game keys/codes (all of which remain our property). If you are concerned that any of this has happened to you, contact us at [email protected].
d) Technical Misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble Forever Skies unless you are specifically allowed by applicable law.
e) Hacking and Cheating. Do not create, use, make available and/or distribute cheats. By cheats we mean things like exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools or other software that interact with or affect Forever Skies in any way (including any unauthorised third party programs that collect information about Forever Skies by reading areas of memory used by Forever Skies to store information).
f) FFH Services. Do not deliberately or maliciously interrupt or interfere with FFH services like customer or technical support or impersonate FFH staff.
g) FFH IT Systems. Do not deliberately or maliciously interfere with, disrupt or access restricted areas of FFH or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with FFH software, through protocol emulation, or through creation or use of private servers or any analogous services regarding Forever Skies.
h) Data Mining. Do not intercept, mine or otherwise collect personal or confidential data or information from Forever Skies.
i) Names. Do not use ‘FFH’, ‘Forever Skies’ or other FFH’s names or logos or trademarks for any unauthorised purposes.
j) Infringing Content. Do not do anything in connection with Forever Skies that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights.
k) Malicious Code. Do not upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of Forever Skies.
l) Geographic Restrictions. We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding Forever Skies.
m) Be nice! Do not do or say anything or use Forever Skies in any way that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal. If you notice another Forever Skies user behaving in the manner indicated in the previous sentence, please contact us via [email protected].
8. FAN CONTENT GUIDELINES
8.1. What kind of fan content can I make? You're permitted make nearly any kind of fan content within reason and if it follows these guidelines – for example:
a) making gameplay videos or streams on sites like YouTube and Twitch,
b) drawing some amazing fanart involving our characters and posting it on social media,
c) creating cosplay props and cosplaying characters from our games,
d) taking screenshots of Forever Skies and sharing them online, or turning them into wallpaper, or a poster for your bedroom wall,
e) creating a community website, fan page or news group for Forever Skies,
f) creating software that works alongside Forever Skies, like overlay software.
8.2 The golden rule. Like we said earlier, we’d love you to unleash your creativity and make amazing things inspired by Forever Skies. That said, we want to keep our game safe and we’d rather not see copies, mutations or other kinds of clones flying around. We’re sure you would not like to see that either, would you? So, we put in place some ‘Golden Rules’ which apply to all fan content – here they are:
8.3 Specific rules to be aware of for certain types of fan content.
a) Videos and streams.
b) Music and sounds.
c) Mods. We do not support mods, we do not have dedicated tools for this in Forever Skies, and we do not guarantee that the game will work properly with mods. We do not completely prohibit making mods, but you do so entirely at your own risk, without FFH support, and with the understanding that you may do so only for your own use and provided that it does not violate this Agreement and you acknowledge that the game may not work correctly with the mod. You cannot use mods commercially and you cannot create mods for other games or services using our content.
d) Websites. As we mentioned, we think it’s great that you want to run community websites and other fan pages – please just make sure that any domains do not include any of our game or company names, trade marks or anything similar (e.g. would not be cool).
e) Games and Mobile Apps. Please do not make a video game or any mobile app that uses, is related to, or is based on Forever Skies.
8.4 Who owns the fan content.
You own the new, original fan content you create. However, since your fan content is based on our content, we may want to show it off on our social media, make it available to other players in our games (e.g. in case of your mods) etc. In order for us to be able to use and transmit your fan content we need you to give us certain rights over it. So you give us from the moment of creation of your fan content a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, exploit, transmit, perform and communicate your fan content in connection with our games. From our side, rest assured that if your creation stands out we will do our best to reach out, have a chat and grant you appropriate recognition.
Just to be clear, the content from our game (e.g. characters, setting, gameplay and appearance) is and will be still owned by us.
9. FEEDBACK AND CRASH REPORTS
9.1 Feedback. We love community feedback, so if you want to share your experience just contact the support team via in-game option Send Feedback or directly at . Please remember that we may choose not to use or accept player suggestions, we cannot accept any responsibility or liability for them and, if we do somehow incorporate a suggestion or something similar to it into or around the game, we are not in any way obliged to reimburse or compensate you (financially or otherwise).
9.2 Crash Reports. If something goes wrong with Forever Skies, we may ask you to send a crash log report in order to improve the game code for future use. You can report a crash via [email protected]. These reports are optional and may include some personal data (for more information, please see our privacy policy .
10. THIRD PARTY CONTENT AND EXTERNAL SERVICES
You might get links from us to third party websites or content through Forever Skies. You may also access Forever Skies through different devices/systems/platforms. Using them is up to you – we cannot promise they will work, what they will be like or if they are free. Different devices/systems/platforms may also be subject to their own legal terms which you should make sure you read before using.
11. WARRANTIES
11.1 Our Warranties. We warrant that: (a) we have the right to enter into this Agreement and to grant you the licence to use Forever Skies in section 3; (b) we will take reasonable care with Forever Skies and your use of it; and (c) we will use reasonable endeavors to comply with applicable laws in performing our obligations to you under this Agreement.
11.2 Your Representations and Warranties. You represent and warrant that you have the full power and ability to enter into this Agreement and will fully follow its terms.
12. LIABILITY
12.1 Our Disclaimers. Your use of Forever Skies is at your own risk. Except as we have set out elsewhere in this Agreement, FFH and its affiliates, partners and licensors disclaim any implied or express warranties or representations regarding Forever Skies. Forever Skies is provided to you on an "as is", “as available” basis without warranties or representations of any kind, express or implied, and we are not liable for any loss, damage or harm of any kind arising from your use of or inability to use Forever Skies. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to Forever Skies, including: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within Forever Skies. We do not warrant that Forever Skies will be uninterrupted or error-free, that defects will be corrected, or that the game will be free of viruses or other harmful components.
12.2 Our Liability Limitation. To the maximum extent permitted by applicable law, FFH and its affiliates, partners and licensors shall not be liable to you for any loss of profits, charges or expenses, loss of data or any corruption or loss of information or any loss of business opportunity or any special, indirect, punitive, exemplary or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty or strict liability), misrepresentation, restitution or otherwise whether or not the relevant party has been advised of the possibility of such damage. In no event will FFH be liable to the you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever, arising out of or related to the game, this Agreement, FFH’s intellectual property or any third party services, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory), even if FFH has been advised of the possibility of such damages. Notwithstanding any terms to the contrary in this Agreement, FFH will not be liable for any disclosure of, unauthorized use of and/or unauthorized access to any information, data or customer materials unless such disclosure, unauthorized use of and/or unauthorized access solely and directly results from FFH’s gross negligence. Multiple claims, suits, actions or proceedings will not expand liability limitation stated in this section 12. The parties agree that the foregoing limitations represent a reasonable allocation of risk under this Agreement.
If any applicable law provides that there is a guarantee in relation to the game in connection with this Agreement, and FFH’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then FFH’s liability for such failure is limited to (at FFH’s election), replacing the game, repairing the game, or providing you with a full or partial refund.
12.3 OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FFH AND ITS AFFILIATES’, PARTNERS’ AND LICENSORS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH FOREVER SKIES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S). THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THIS AGREEMENT
12.4 Your Indemnity to Us. You agree to indemnify and hold harmless on demand FFH, its affiliates, licensors and partners (and keep them indemnified and held harmless) from all damages, liabilities, claims and expenses, including legal fees, in connection with: (a) any alleged or actual breach of this Agreement by you; (b) the use of Forever Skies by you or any person on your behalf; and (c) infringement of FFH’s, its affiliates’, licensors’ and partners’ Intellectual Property Rights. If claims are brought against us, then you will cooperate fully with us and we reserve the right to take over and conduct their defence. You will not settle any such claims in whole or in part without our prior written consent.
12.5 Injunctive Relief. You agree that any loss, damage or harm you suffer is not irreparable, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against FFH, its affiliates, licensors and partners.
13. TERMINATION
13.1 Your Termination Rights. You can terminate this Agreement by permanently stopping use of Forever Skies at any time. Termination will not affect already existing rights or obligations of us or you.
13.2 Our Termination Rights. We may suspend or terminate your access to Forever Skies and this Agreement if you materially breach this Agreement, which includes a breach which is serious and/or which could cause real harm to Forever Skies, Forever Skies users, FFH and its affiliates, licensors and partners. In particular, it applies to the Forever Skies rules we specify in section 7 above. We will try where reasonably possible to contact you to explain why we have done this and what (if anything) you can do as a result. If we suspend or terminate your access to Forever Skies and this Agreement under this section, then we will not have any obligations or liabilities to you at all.
13.3 Stopping Forever Skies. It seems very unlikely, but if we have to stop providing access to Forever Skies (in whole or in part – e.g. on a particular platform) permanently and not because of any breach by you, we will try to give you at least sixty (60) days advance notice by posting a note on our website. In this case, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities).
14. FORCE MAJEURE
Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.
“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of god, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, pandemics (e.g. COVID-19), fire, flood, or storm or default of suppliers or sub-contractors.
15. GOVERNING LAW
You and we agree that your use of Forever Skies, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of Poland and any dispute regarding it will be exclusively under the jurisdiction of the courts of Poland without regard to conflict of laws rules. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
16. DISPUTE RESOLUTION AND BINDING ARBITRATION
16.1 Disputes. If you have concerns or issues with us, we hope we can resolve them quickly and amicably through the Forever Skies support service accessible at [email protected]. However, we recognise that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
16.2 Informal Dispute Resolution.
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts thirty (30) days unless exceptional circumstances exist. If it is not resolved during this time should follow the next steps. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at .
16.3 Dispute Resolution Next Steps
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against FFH, you should send a physical copy to “Far From Home S.A., ul. Łaciarska 4/402, 50-104 Wrocław, Poland” as well as a digital copy to [email protected].
17. FINAL PROVISIONS
17.1 Severability. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
17.2 No Third Parties. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else unless explicitly stated otherwise in this Agreement.
17.3 Other Laws. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to Forever Skies or this Agreement. In case you are citizen of the European Union this Agreement regulations are not infringing provisions related with the consumer protection.
17.4 Transfer. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of Forever Skies, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.
17.5 Delay. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy, unless explicitly stated otherwise in this Agreement. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
17.6 Entire Agreement. This Agreement, together with the other documents referred to within it, constitutes the entire agreement between you and us regarding this Agreement and supersede any earlier oral or written agreements related to the subject of this Agreement.
17.7 Changes. We may change this Agreement if we think it is necessary (e.g. for legal reasons or to reflect changes in Forever Skies). If so, we will make the changed Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice in the game). Once we change the Agreement, it will become legally binding on you immediately after we post it online. If you do not agree to those changes (regardless of whether you email us), then unfortunately we need to ask you to cease using Forever Skies.
18. EPIC GAMES REQUIREMENTS
Taking into account the requirements of Epic Games, we inform you that this Agreement disclaims any representations, warranties, conditions, and liabilities related to the Epic Materials.
1. ABOUT THIS AGREEMENT
1.1 This Agreement. This End User Licence Agreement (or “Agreement” for short) is a legally binding contract between you and Far From Home S.A., seated at ul. Łaciarska 4/402, 50-104 Wrocław, Poland (referred in this Agreement as “FFH”, “we” or “us”).
This Agreement applies to our video game Forever Skies, including game keys/codes (we will refer to “Forever Skies” or the “game” to cover all of these things).
1.2 Acceptance. This Agreement will be binding on you and us once you download, install or use Forever Skies (whichever is sooner). If you do not agree to it, you are not permitted to download, install or use Forever Skies.
1.3 Other Documents. Please make sure you also read our: – which details FFH’s collection, usage and protection of your personal information. All of these documents form part of this Agreement and we may update these from time to time. You may also need to agree and follow terms and conditions of any digital distribution platforms which you use to download and play Forever Skies.
2. AGE RESTRICTIONS AND CONTENT WARNING
2.1 Age Restrictions. Forever Skies has minimum age ratings (e.g. PEGI, ESRB) which may differ depending on where you are located and will be displayed when you purchase the game. You should only play Forever Skies if you meet the applicable minimum age rating. If you are above the applicable minimum age rating and you are over 18 (or whatever is the age of adulthood in your country) then please enjoy our game. If you are under 18 (or whatever is the age of adulthood in your country) – before we extend an equally warm welcome, please ask your parent or guardian to review and approve this Agreement on your behalf (because in some countries people under a certain age cannot legally enter fully into contracts like this Agreement), plus they should supervise your use of the games, even if the age rating for a given game is lower than 18 years.
2.2 Content Warning. Forever Skies contains scenes and images that some may find disturbing. If you are sensitive to such content or such content is a trigger for you, please be aware of this before you begin playing the game.
3. USING Forever Skies
3.1 Licence. FFH gives you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use Forever Skies on your personal computer, games console and/or other devices/platforms that are explicitly authorised by FFH, i.e. on the platforms where FFH officially released Forever Skies, depending on the particular device/system/platform you purchased the game for. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in Forever Skies.
3.2 Seizure Warning. Forever Skies may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing Forever Skies. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and consult your doctor.
4. MINIMUM REQUIREMENTS AND MONITORING
4.1 Minimum Requirements. Forever Skies has minimum requirements depending on your chosen device/system/platform, which you will be notified of on the applicable Forever Skies store page. Please make sure you meet these requirements before purchasing the game!
4.2 Monitoring. In order to improve your in-game experience, prevent things prohibited by section 7 below, protect the integrity of Forever Skies, and enforce this Agreement, we may deploy software tools that run in the background of your device or related devices/peripherals when you use Forever Skies. Some of these software tools will be optional and we will only deploy them where you have agreed to it. If we need to introduce any mandatory software tools though then we will tell you about them first (e.g. in-game or via the Forever Skies website). You can find more details about this in our privacy policy .
5. PATCHES, UPDATES AND CHANGES
We may (but are not obliged to) patch, update or change Forever Skies over time (for example to add or remove features, to resolve software bugs or to balance the game). This will result in mandatory and/or automatic updates and older, non-updated versions may become unusable over time. We need these rights in order to keep Forever Skies running efficiently and we reserve the right to do this without notice or liability to you.
6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 Forever Skies Ownership. Forever Skies, including its visual components, characters, storylines, artwork, animations, designs, items, music and sound effects, dialogue, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by FFH or we license them from third parties. All rights in Forever Skies are reserved except as we have explained in this Agreement. You may not use or exploit any part of Forever Skies except as explained in this Agreement. Forever Skies and its Intellectual Property Rights are protected by copyright, trademark and other intellectual property laws worldwide.
“Intellectual Property Rights" means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
6.2 Third Party Property. FFH respects the intellectual property rights of others. If you believe that your work has been infringed in or via Forever Skies, please contact us via [email protected].
7. RULES FOR USING Forever Skies
There are some more rules to follow if you want to play Forever Skies. Please read the rules below and section 8 of this Agreement, since failure to follow them will be considered a ‘material breach’ of this Agreement, which could lead to suspension and/or termination of your access to Forever Skies. In particularly serious cases we retain the right to prohibit your future access to Forever Skies and our other games and services. You may also suffer the consequences indicated in the specific point below.
Here are the rules:
a) Personal Enjoyment. Only use Forever Skies for your personal enjoyment and not for any commercial purposes, unless explicitly permitted otherwise in section 8 of this Agreement.
b) Applicable Law. You must comply with all applicable laws and regulations when using Forever Skies.
c) No Transfer. Do not attempt to copy, rent, buy, sell, lend, share, lease, sublicense, transfer, distribute, publish or publicly display Forever Skies or any of your rights under this Agreement in any way not expressly authorised under this Agreement. Also do not steal or misappropriate game keys/codes (all of which remain our property). If you are concerned that any of this has happened to you, contact us at [email protected].
d) Technical Misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble Forever Skies unless you are specifically allowed by applicable law.
e) Hacking and Cheating. Do not create, use, make available and/or distribute cheats. By cheats we mean things like exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools or other software that interact with or affect Forever Skies in any way (including any unauthorised third party programs that collect information about Forever Skies by reading areas of memory used by Forever Skies to store information).
f) FFH Services. Do not deliberately or maliciously interrupt or interfere with FFH services like customer or technical support or impersonate FFH staff.
g) FFH IT Systems. Do not deliberately or maliciously interfere with, disrupt or access restricted areas of FFH or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with FFH software, through protocol emulation, or through creation or use of private servers or any analogous services regarding Forever Skies.
h) Data Mining. Do not intercept, mine or otherwise collect personal or confidential data or information from Forever Skies.
i) Names. Do not use ‘FFH’, ‘Forever Skies’ or other FFH’s names or logos or trademarks for any unauthorised purposes.
j) Infringing Content. Do not do anything in connection with Forever Skies that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other rights.
k) Malicious Code. Do not upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of Forever Skies.
l) Geographic Restrictions. We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding Forever Skies.
m) Be nice! Do not do or say anything or use Forever Skies in any way that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal. If you notice another Forever Skies user behaving in the manner indicated in the previous sentence, please contact us via [email protected].
8. FAN CONTENT GUIDELINES
8.1. What kind of fan content can I make? You're permitted make nearly any kind of fan content within reason and if it follows these guidelines – for example:
a) making gameplay videos or streams on sites like YouTube and Twitch,
b) drawing some amazing fanart involving our characters and posting it on social media,
c) creating cosplay props and cosplaying characters from our games,
d) taking screenshots of Forever Skies and sharing them online, or turning them into wallpaper, or a poster for your bedroom wall,
e) creating a community website, fan page or news group for Forever Skies,
f) creating software that works alongside Forever Skies, like overlay software.
8.2 The golden rule. Like we said earlier, we’d love you to unleash your creativity and make amazing things inspired by Forever Skies. That said, we want to keep our game safe and we’d rather not see copies, mutations or other kinds of clones flying around. We’re sure you would not like to see that either, would you? So, we put in place some ‘Golden Rules’ which apply to all fan content – here they are:
- No commercial usage. We’d love for your fan content to be created by fans, for fans. Therefore, you cannot do anything with Forever Skies for any commercial purpose, unless explicitly permitted otherwise below (e.g. see section 8.3 about videos and streams). We’re happy for you to accept reasonable donations in connection with your fan content, but you’re not allowed to make people pay for it or have it behind any sort of paywall (e.g. don’t make content only available to paid subscribers).
- Make it clearly ‘unofficial’. Please make sure your fan content clearly displays the following (or similar) wording in a sensible and obvious location: “This is an unofficial fan work and is not approved/endorsed by Far From Home S.A.”. Please don’t do or say anything which could make anyone think we endorse or support you. Of course, if we feel your fan content is so awesome that we want to endorse or approve your work then we’ll let you know! Remember - the fan content you make is your responsibility.
- Don’t put it in other games/products. Your fan content should stand on its own – it should not be incorporated into a third-party game or product (except as we explain below).
- Don’t hurt us or others. Please be respectful to other players, fans and our game! Don’t create, do or say anything regarding Forever Skies that is racist, xenophobic, sexist, defamatory, illegal or offensive, or anything that could harm FFH, its game, users or staff. Also, please don’t infringe the rights of other people (e.g. creators of other games, movies, books, TV shows etc.). This is also relevant for any real-life brands and people included in our game – you’re only allowed to use those brands or images of those people if they allow you to do so and provided you don’t harm them in any way! Basically, when making fan content, make sure you’ve got permission from all the people concerned (which might be people other than us).
8.3 Specific rules to be aware of for certain types of fan content.
a) Videos and streams.
- We think it’s awesome that our community makes such fantastic playthroughs, walkthroughs, Let’s Play videos, achievement guides and video reviews! We encourage everyone to create videos using content from Forever Skies, as well as livestream our games to the public. Please feel free to publish your fan content on YouTube, Twitch and other video sharing websites.
- We’re cool with you monetising your videos and streams via the YouTube and Twitch partner programs (plus other similar video/stream sharing site programs), but as mentioned above, these should never be behind a paywall.
- Important: please don’t use content from our games in videos and streams which aren’t actually related in any way to our games (e.g. don’t use our cinematics or gameplay videos in the background of things like music videos). If you want to use our games for something unrelated, ask us in advance via [email protected].
b) Music and sounds.
- We may not own all the music or sounds outright. When we don’t own the music or sounds, you may need permission from other third parties before using that music or sounds in your fan content. You might even need permission from more than one person or company.
- For music or sounds that we do own, please don’t use it in ways that are unrelated to our game (e.g. as a background music in a video about someone else’s product). We’re happy for you to do your own covers of our music and you can monetise these as outlined in the videos and streams section above, but no other commercial use is allowed. Also, we don’t allow remixes in any circumstances.
c) Mods. We do not support mods, we do not have dedicated tools for this in Forever Skies, and we do not guarantee that the game will work properly with mods. We do not completely prohibit making mods, but you do so entirely at your own risk, without FFH support, and with the understanding that you may do so only for your own use and provided that it does not violate this Agreement and you acknowledge that the game may not work correctly with the mod. You cannot use mods commercially and you cannot create mods for other games or services using our content.
d) Websites. As we mentioned, we think it’s great that you want to run community websites and other fan pages – please just make sure that any domains do not include any of our game or company names, trade marks or anything similar (e.g. would not be cool).
e) Games and Mobile Apps. Please do not make a video game or any mobile app that uses, is related to, or is based on Forever Skies.
8.4 Who owns the fan content.
You own the new, original fan content you create. However, since your fan content is based on our content, we may want to show it off on our social media, make it available to other players in our games (e.g. in case of your mods) etc. In order for us to be able to use and transmit your fan content we need you to give us certain rights over it. So you give us from the moment of creation of your fan content a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, exploit, transmit, perform and communicate your fan content in connection with our games. From our side, rest assured that if your creation stands out we will do our best to reach out, have a chat and grant you appropriate recognition.
Just to be clear, the content from our game (e.g. characters, setting, gameplay and appearance) is and will be still owned by us.
9. FEEDBACK AND CRASH REPORTS
9.1 Feedback. We love community feedback, so if you want to share your experience just contact the support team via in-game option Send Feedback or directly at . Please remember that we may choose not to use or accept player suggestions, we cannot accept any responsibility or liability for them and, if we do somehow incorporate a suggestion or something similar to it into or around the game, we are not in any way obliged to reimburse or compensate you (financially or otherwise).
9.2 Crash Reports. If something goes wrong with Forever Skies, we may ask you to send a crash log report in order to improve the game code for future use. You can report a crash via [email protected]. These reports are optional and may include some personal data (for more information, please see our privacy policy .
10. THIRD PARTY CONTENT AND EXTERNAL SERVICES
You might get links from us to third party websites or content through Forever Skies. You may also access Forever Skies through different devices/systems/platforms. Using them is up to you – we cannot promise they will work, what they will be like or if they are free. Different devices/systems/platforms may also be subject to their own legal terms which you should make sure you read before using.
11. WARRANTIES
11.1 Our Warranties. We warrant that: (a) we have the right to enter into this Agreement and to grant you the licence to use Forever Skies in section 3; (b) we will take reasonable care with Forever Skies and your use of it; and (c) we will use reasonable endeavors to comply with applicable laws in performing our obligations to you under this Agreement.
11.2 Your Representations and Warranties. You represent and warrant that you have the full power and ability to enter into this Agreement and will fully follow its terms.
12. LIABILITY
12.1 Our Disclaimers. Your use of Forever Skies is at your own risk. Except as we have set out elsewhere in this Agreement, FFH and its affiliates, partners and licensors disclaim any implied or express warranties or representations regarding Forever Skies. Forever Skies is provided to you on an "as is", “as available” basis without warranties or representations of any kind, express or implied, and we are not liable for any loss, damage or harm of any kind arising from your use of or inability to use Forever Skies. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to Forever Skies, including: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within Forever Skies. We do not warrant that Forever Skies will be uninterrupted or error-free, that defects will be corrected, or that the game will be free of viruses or other harmful components.
12.2 Our Liability Limitation. To the maximum extent permitted by applicable law, FFH and its affiliates, partners and licensors shall not be liable to you for any loss of profits, charges or expenses, loss of data or any corruption or loss of information or any loss of business opportunity or any special, indirect, punitive, exemplary or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence, breach of statutory duty, breach of contract, breach of warranty or strict liability), misrepresentation, restitution or otherwise whether or not the relevant party has been advised of the possibility of such damage. In no event will FFH be liable to the you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever, arising out of or related to the game, this Agreement, FFH’s intellectual property or any third party services, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory), even if FFH has been advised of the possibility of such damages. Notwithstanding any terms to the contrary in this Agreement, FFH will not be liable for any disclosure of, unauthorized use of and/or unauthorized access to any information, data or customer materials unless such disclosure, unauthorized use of and/or unauthorized access solely and directly results from FFH’s gross negligence. Multiple claims, suits, actions or proceedings will not expand liability limitation stated in this section 12. The parties agree that the foregoing limitations represent a reasonable allocation of risk under this Agreement.
If any applicable law provides that there is a guarantee in relation to the game in connection with this Agreement, and FFH’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then FFH’s liability for such failure is limited to (at FFH’s election), replacing the game, repairing the game, or providing you with a full or partial refund.
12.3 OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FFH AND ITS AFFILIATES’, PARTNERS’ AND LICENSORS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH FOREVER SKIES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S). THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THIS AGREEMENT
12.4 Your Indemnity to Us. You agree to indemnify and hold harmless on demand FFH, its affiliates, licensors and partners (and keep them indemnified and held harmless) from all damages, liabilities, claims and expenses, including legal fees, in connection with: (a) any alleged or actual breach of this Agreement by you; (b) the use of Forever Skies by you or any person on your behalf; and (c) infringement of FFH’s, its affiliates’, licensors’ and partners’ Intellectual Property Rights. If claims are brought against us, then you will cooperate fully with us and we reserve the right to take over and conduct their defence. You will not settle any such claims in whole or in part without our prior written consent.
12.5 Injunctive Relief. You agree that any loss, damage or harm you suffer is not irreparable, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against FFH, its affiliates, licensors and partners.
13. TERMINATION
13.1 Your Termination Rights. You can terminate this Agreement by permanently stopping use of Forever Skies at any time. Termination will not affect already existing rights or obligations of us or you.
13.2 Our Termination Rights. We may suspend or terminate your access to Forever Skies and this Agreement if you materially breach this Agreement, which includes a breach which is serious and/or which could cause real harm to Forever Skies, Forever Skies users, FFH and its affiliates, licensors and partners. In particular, it applies to the Forever Skies rules we specify in section 7 above. We will try where reasonably possible to contact you to explain why we have done this and what (if anything) you can do as a result. If we suspend or terminate your access to Forever Skies and this Agreement under this section, then we will not have any obligations or liabilities to you at all.
13.3 Stopping Forever Skies. It seems very unlikely, but if we have to stop providing access to Forever Skies (in whole or in part – e.g. on a particular platform) permanently and not because of any breach by you, we will try to give you at least sixty (60) days advance notice by posting a note on our website. In this case, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities).
14. FORCE MAJEURE
Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.
“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of god, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, pandemics (e.g. COVID-19), fire, flood, or storm or default of suppliers or sub-contractors.
15. GOVERNING LAW
You and we agree that your use of Forever Skies, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of Poland and any dispute regarding it will be exclusively under the jurisdiction of the courts of Poland without regard to conflict of laws rules. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
16. DISPUTE RESOLUTION AND BINDING ARBITRATION
16.1 Disputes. If you have concerns or issues with us, we hope we can resolve them quickly and amicably through the Forever Skies support service accessible at [email protected]. However, we recognise that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
16.2 Informal Dispute Resolution.
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts thirty (30) days unless exceptional circumstances exist. If it is not resolved during this time should follow the next steps. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at .
16.3 Dispute Resolution Next Steps
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against FFH, you should send a physical copy to “Far From Home S.A., ul. Łaciarska 4/402, 50-104 Wrocław, Poland” as well as a digital copy to [email protected].
17. FINAL PROVISIONS
17.1 Severability. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
17.2 No Third Parties. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else unless explicitly stated otherwise in this Agreement.
17.3 Other Laws. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to Forever Skies or this Agreement. In case you are citizen of the European Union this Agreement regulations are not infringing provisions related with the consumer protection.
17.4 Transfer. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of Forever Skies, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens.
17.5 Delay. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy, unless explicitly stated otherwise in this Agreement. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
17.6 Entire Agreement. This Agreement, together with the other documents referred to within it, constitutes the entire agreement between you and us regarding this Agreement and supersede any earlier oral or written agreements related to the subject of this Agreement.
17.7 Changes. We may change this Agreement if we think it is necessary (e.g. for legal reasons or to reflect changes in Forever Skies). If so, we will make the changed Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice in the game). Once we change the Agreement, it will become legally binding on you immediately after we post it online. If you do not agree to those changes (regardless of whether you email us), then unfortunately we need to ask you to cease using Forever Skies.
18. EPIC GAMES REQUIREMENTS
Taking into account the requirements of Epic Games, we inform you that this Agreement disclaims any representations, warranties, conditions, and liabilities related to the Epic Materials.