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Terms of Use for the Silent Slayer Game
Effective Date: June 6, 2024
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 Schell Games LLC, a Pennsylvania limited liability company (the “Schell Games,” “we,” “our,” and their derivatives). These Terms of Use govern your use of the Silent Slayer: Vault of the Vampire videogame (the “Game”).
1. AGREEMENT TO TERMS OF USE
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 THE GAME, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE GAME.
In order to agree to these Terms of Use, you must be and hereby affirm that you (a) are an adult of the legal age of majority in your country or state of residence, 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. PERSONAL INFORMATION
FOR FULL DETAILS ABOUT HOW SCHELL GAMES COLLECTS, STORES, AND USES PERSONAL AND OTHER INFORMATION, PLEASE SEE THE PRIVACY POLICY AVAILABLE AT
YOU ARE RESPONSIBLE FOR REVIEWING, AND AGREE TO REVIEW, SCHELL GAMES’ PRIVACY POLICY AND ANY POLICIES LISTED IN THE SCHELL GAMES PRIVACY POLICY, INCLUDING THOSE OF APPLICABLE THIRD PARTIES THAT MAY COLLECT INFORMATION VIA THIS GAME. IF YOU DO NOT WISH TO REVIEW THOSE PRIVACY POLICIES OR IF YOU ARE CONCERNED ABOUT THE INFORMATION THEY MAY COLLECT, PLEASE DO NOT USE THE GAME.
3. Age and Account Requirements
If you want to use the Game, you must be at least 13 years old (or 10-12 years old with a valid Meta Child Account) and have a Steam account, Meta account, PlayStation account, as applicable (“Accounts” and each an “Account”). We do not administer Accounts, rather, they are administered by Valve Corporation, Meta Platforms, Inc., or Sony Interactive Entertainment LLC, as applicable. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. You must not permit a person under the age of 13 to access or use your Account. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Schell Games or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.
4. In-Game Purchases
If you make any In-Game purchases, then you agree the terms and conditions and/or EULA of the game store (e.g., Steam Store) on which you installed the Game govern, and you will direct all communications relating to such in-Game purchases to that game store, including any requests for refunds.
5. Intellectual Property Rights
All aspects of the Game, 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 Game (collectively, “Schell Games IP”), are owned by Schell Games, 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.
©2024 Schell Games LLC, Silent Slayer™, and all related names, logos, product and service names, designs, and slogans are trademarks of Schell Games or its affiliates or licensors. You must not use such marks without the prior written permission of Schell Games, and Schell Games reserves all rights. All other names, logos, product and service names, designs, and slogans on the Game are the trademarks of their respective owners.
6. Feedback
You may elect to informally provide Feedback from time to time. You agree that Schell Games will own, and you hereby assign to Schell Games your intellectual property rights in and to any and all Feedback and that Schell Games 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 regarding the Game.
7. Limited License to Use the Game
These Terms of Use permit you to use the Game and view and use the content contained in the Game for your personal, non-commercial use only. Additionally, your use of such Game 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 the 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 the Game is only granted to those persons that have purchased from or otherwise been given access to the 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 Game. You must not access or use for any commercial purposes any part of the Game or materials available through them. No right, title, or interest in or to the Game or any content thereof is transferred to you, and all rights not expressly granted are reserved by Schell Games. Any use of the Game 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
Schell Games believes that the Game is 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, Schell Games 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). Schell Games 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 and any applicable EULA;
(d) a Broadcasting User cannot disclose any unofficially released, unauthorized, or leaked video or content of any kind related to the Game;
(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) Schell Games may revoke a Broadcasting User’s license to broadcast the Broadcasted Content for any or no reason and without notice.
9. Prohibited Uses
You may use the Game only for lawful purposes and in accordance with these Terms of Use.
While you are using the Game, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Game is at your own risk and that you will not use the Game to violate any applicable law, regulation, or instructions as outlined in these Terms of Use and you will not encourage or enable any other individual to do so.
You agree that in conjunction with your use of the Game, you will maintain safe and appropriate contact with other users and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.
In addition to the above obligations, you agree not to:
(a) use the Game in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate Schell Games or anyone else;
(b) use the Game 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 Game 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 Game about anyone without their express permission;
(d) remove any copyright, trademark, or other proprietary rights notices contained in or on the Game;
(e) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Game or interfere with anyone else’s use of the Game;
(f) engage in any other conduct that affects anyone else’s use or enjoyment of the Game or that, as determined by us, may harm Schell Games;
(g) cheat, including, without limitation, by accessing the Game in an unauthorized manner, playing with multiple accounts, 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 Game for any purpose, including monitoring or copying any of the material on the Game;
(i) modify, adapt, translate, or reverse engineer any portion of the Game;
(j) use any device, software, or routine that interferes with the proper working of the Game;
(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 Game, including any server on which the Game is stored, or any server, computer, or database connected to the Game;
(m) attack the Game via a denial-of-service attack or a distributed denial-of-service attack;
(n) otherwise attempt to interfere with the proper working of the Game; and
(o) encourage or enable any other person to do any of the foregoing.
To ensure that the Game is 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 completing the “Support Form” here.
Although Schell Games is not obligated to monitor access to or use of the Game, we have the right to do so for the purpose of operating and updating the Game, 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 the Game, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Game to be objectionable or in violation of these Terms of Use. If you are removed, disabled, or suspended from accessing the Game, you are not eligible for any refunds associated with the Game, including any in-Game purchases. We have the right to investigate violations of these Terms of Use or conduct that affects the Game, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
10. Health and Safety Precautions
The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and/or safety risks not contained herein. Schell Games is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.
1. Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision; involuntary movements; or disorientation. Schell Games is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
2. Motion Sickness. Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some users. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
3. Repetitive Motion Injuries and Eyestrain. Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain: avoid excessive play; take a 10 to 15 minute break every 30 minutes while playing the Game; if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and if you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
4. Play Area Precautions. Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to your or your family members playing the Game. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety, or when suffering from a cold, flu, headaches, migraines, or other illnesses.
For Meta users, you must read and follow the instructions provided by Meta with respect to the use of the Meta virtual reality headset, available at ..., prior to connecting to and using the Game.
11. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Game. 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 Game, or by anyone who may be informed of any of the contents of the Game.
12. Links to and from the Game
You may link to our Game, 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 Game contains 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.
13. Updates and Changes to the Game and Unavailability of the Game
We reserve the right to withdraw or modify the Game in our sole discretion without notice. We will not be liable if for any reason all or any part of the Game is unavailable at any time or for any period, and we are under no obligation to support previous version(s) of the Game upon the availability of an update, upgrade, or implementation of additional features.
14. Termination
We may terminate your access to and use of the Game, at our sole discretion, at any time and without notice to you. Upon termination of the Game, this Section 14 (Termination) and Sections 2 (Personal Information), 3 (Age and Account Requirements), 5 (Intellectual Property Rights), 6 (Feedback), 11 (Reliance on Information Posted), 12 (Links to and from the Game), 13 (Updates and Changes to the Game and Unavailability of the Game), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 19 (Governing Law and Jurisdiction), 20 (Waiver and Severability), and 22 (Entire Agreement) will survive such termination.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAME IS PROVIDED BY Schell Games ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCHELL GAMES 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 Schell Games NOR ANYONE ASSOCIATED WITH SCHELL GAMES REPRESENTS OR WARRANTS THAT THE GAME, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE GAME, OR ELECTRONIC COMMUNICATIONS SENT FROM SCHELL GAMES REGARDING THE GAME WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAME OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GAME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME. YOU UNDERSTAND THAT SCHELL GAMES DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE GAME. SCHELL GAMES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE GAME. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GAME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SCHELL GAMES, 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, (B) THE USE OF OR INABILITY TO USE THE GAME OR ITS CONTENT, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE GAME OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME, 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 SCHELL GAMES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE, (B) THE USE OF OR INABILITY TO USE THE GAME OR ITS CONTENT, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE GAME OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME 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 SCHELL GAMES AND YOU.
17. Indemnification
You agree to defend, indemnify, and hold harmless Schell Games, 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 Game.
18. PlayStation Users
The following additional terms apply where you use the Game on a PlayStation system: these Terms of Use are between you and us, Schell Games 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 Game, and not SIE or any of its affiliates.
19. Governing Law and Jurisdiction
All matters relating to the Game 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 Commonwealth of Pennsylvania, 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 Game must be instituted exclusively in the federal and state courts located in Allegheny County, Pennsylvania, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. Waiver and Severability
No waiver by Schell Games 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 Schell Games 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.
21. Third-party Beneficiaries
Schell Games designates certain service providers as third-party beneficiaries having the right to enforce this Agreement.
22. Entire Agreement
These Terms of Use and our EULA for the Game, if any, are the sole and entire agreement between you and Schell Games regarding the Game and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.
23. 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 Game, 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.
24. Your Comments and Concerns
If you have any questions about the Game or these Terms of Use, please complete the “Support Form”:
Effective Date: June 6, 2024
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 Schell Games LLC, a Pennsylvania limited liability company (the “Schell Games,” “we,” “our,” and their derivatives). These Terms of Use govern your use of the Silent Slayer: Vault of the Vampire videogame (the “Game”).
1. AGREEMENT TO TERMS OF USE
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 THE GAME, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE GAME.
In order to agree to these Terms of Use, you must be and hereby affirm that you (a) are an adult of the legal age of majority in your country or state of residence, 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. PERSONAL INFORMATION
FOR FULL DETAILS ABOUT HOW SCHELL GAMES COLLECTS, STORES, AND USES PERSONAL AND OTHER INFORMATION, PLEASE SEE THE PRIVACY POLICY AVAILABLE AT
YOU ARE RESPONSIBLE FOR REVIEWING, AND AGREE TO REVIEW, SCHELL GAMES’ PRIVACY POLICY AND ANY POLICIES LISTED IN THE SCHELL GAMES PRIVACY POLICY, INCLUDING THOSE OF APPLICABLE THIRD PARTIES THAT MAY COLLECT INFORMATION VIA THIS GAME. IF YOU DO NOT WISH TO REVIEW THOSE PRIVACY POLICIES OR IF YOU ARE CONCERNED ABOUT THE INFORMATION THEY MAY COLLECT, PLEASE DO NOT USE THE GAME.
3. Age and Account Requirements
If you want to use the Game, you must be at least 13 years old (or 10-12 years old with a valid Meta Child Account) and have a Steam account, Meta account, PlayStation account, as applicable (“Accounts” and each an “Account”). We do not administer Accounts, rather, they are administered by Valve Corporation, Meta Platforms, Inc., or Sony Interactive Entertainment LLC, as applicable. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. You must not permit a person under the age of 13 to access or use your Account. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Schell Games or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.
4. In-Game Purchases
If you make any In-Game purchases, then you agree the terms and conditions and/or EULA of the game store (e.g., Steam Store) on which you installed the Game govern, and you will direct all communications relating to such in-Game purchases to that game store, including any requests for refunds.
5. Intellectual Property Rights
All aspects of the Game, 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 Game (collectively, “Schell Games IP”), are owned by Schell Games, 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.
©2024 Schell Games LLC, Silent Slayer™, and all related names, logos, product and service names, designs, and slogans are trademarks of Schell Games or its affiliates or licensors. You must not use such marks without the prior written permission of Schell Games, and Schell Games reserves all rights. All other names, logos, product and service names, designs, and slogans on the Game are the trademarks of their respective owners.
6. Feedback
You may elect to informally provide Feedback from time to time. You agree that Schell Games will own, and you hereby assign to Schell Games your intellectual property rights in and to any and all Feedback and that Schell Games 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 regarding the Game.
7. Limited License to Use the Game
These Terms of Use permit you to use the Game and view and use the content contained in the Game for your personal, non-commercial use only. Additionally, your use of such Game 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 the 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 the Game is only granted to those persons that have purchased from or otherwise been given access to the 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 Game. You must not access or use for any commercial purposes any part of the Game or materials available through them. No right, title, or interest in or to the Game or any content thereof is transferred to you, and all rights not expressly granted are reserved by Schell Games. Any use of the Game 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
Schell Games believes that the Game is 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, Schell Games 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). Schell Games 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 and any applicable EULA;
(d) a Broadcasting User cannot disclose any unofficially released, unauthorized, or leaked video or content of any kind related to the Game;
(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) Schell Games may revoke a Broadcasting User’s license to broadcast the Broadcasted Content for any or no reason and without notice.
9. Prohibited Uses
You may use the Game only for lawful purposes and in accordance with these Terms of Use.
While you are using the Game, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Game is at your own risk and that you will not use the Game to violate any applicable law, regulation, or instructions as outlined in these Terms of Use and you will not encourage or enable any other individual to do so.
You agree that in conjunction with your use of the Game, you will maintain safe and appropriate contact with other users and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.
In addition to the above obligations, you agree not to:
(a) use the Game in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate Schell Games or anyone else;
(b) use the Game 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 Game 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 Game about anyone without their express permission;
(d) remove any copyright, trademark, or other proprietary rights notices contained in or on the Game;
(e) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Game or interfere with anyone else’s use of the Game;
(f) engage in any other conduct that affects anyone else’s use or enjoyment of the Game or that, as determined by us, may harm Schell Games;
(g) cheat, including, without limitation, by accessing the Game in an unauthorized manner, playing with multiple accounts, 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 Game for any purpose, including monitoring or copying any of the material on the Game;
(i) modify, adapt, translate, or reverse engineer any portion of the Game;
(j) use any device, software, or routine that interferes with the proper working of the Game;
(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 Game, including any server on which the Game is stored, or any server, computer, or database connected to the Game;
(m) attack the Game via a denial-of-service attack or a distributed denial-of-service attack;
(n) otherwise attempt to interfere with the proper working of the Game; and
(o) encourage or enable any other person to do any of the foregoing.
To ensure that the Game is 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 completing the “Support Form” here.
Although Schell Games is not obligated to monitor access to or use of the Game, we have the right to do so for the purpose of operating and updating the Game, 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 the Game, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Game to be objectionable or in violation of these Terms of Use. If you are removed, disabled, or suspended from accessing the Game, you are not eligible for any refunds associated with the Game, including any in-Game purchases. We have the right to investigate violations of these Terms of Use or conduct that affects the Game, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
10. Health and Safety Precautions
The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and/or safety risks not contained herein. Schell Games is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.
1. Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision; involuntary movements; or disorientation. Schell Games is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
2. Motion Sickness. Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some users. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
3. Repetitive Motion Injuries and Eyestrain. Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain: avoid excessive play; take a 10 to 15 minute break every 30 minutes while playing the Game; if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and if you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
4. Play Area Precautions. Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to your or your family members playing the Game. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety, or when suffering from a cold, flu, headaches, migraines, or other illnesses.
For Meta users, you must read and follow the instructions provided by Meta with respect to the use of the Meta virtual reality headset, available at ..., prior to connecting to and using the Game.
11. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Game. 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 Game, or by anyone who may be informed of any of the contents of the Game.
12. Links to and from the Game
You may link to our Game, 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 Game contains 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.
13. Updates and Changes to the Game and Unavailability of the Game
We reserve the right to withdraw or modify the Game in our sole discretion without notice. We will not be liable if for any reason all or any part of the Game is unavailable at any time or for any period, and we are under no obligation to support previous version(s) of the Game upon the availability of an update, upgrade, or implementation of additional features.
14. Termination
We may terminate your access to and use of the Game, at our sole discretion, at any time and without notice to you. Upon termination of the Game, this Section 14 (Termination) and Sections 2 (Personal Information), 3 (Age and Account Requirements), 5 (Intellectual Property Rights), 6 (Feedback), 11 (Reliance on Information Posted), 12 (Links to and from the Game), 13 (Updates and Changes to the Game and Unavailability of the Game), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 19 (Governing Law and Jurisdiction), 20 (Waiver and Severability), and 22 (Entire Agreement) will survive such termination.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAME IS PROVIDED BY Schell Games ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCHELL GAMES 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 Schell Games NOR ANYONE ASSOCIATED WITH SCHELL GAMES REPRESENTS OR WARRANTS THAT THE GAME, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE GAME, OR ELECTRONIC COMMUNICATIONS SENT FROM SCHELL GAMES REGARDING THE GAME WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAME OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GAME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME. YOU UNDERSTAND THAT SCHELL GAMES DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE GAME. SCHELL GAMES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE GAME. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GAME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SCHELL GAMES, 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, (B) THE USE OF OR INABILITY TO USE THE GAME OR ITS CONTENT, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE GAME OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME, 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 SCHELL GAMES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE, (B) THE USE OF OR INABILITY TO USE THE GAME OR ITS CONTENT, OR (C) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE GAME OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GAME 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 SCHELL GAMES AND YOU.
17. Indemnification
You agree to defend, indemnify, and hold harmless Schell Games, 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 Game.
18. PlayStation Users
The following additional terms apply where you use the Game on a PlayStation system: these Terms of Use are between you and us, Schell Games 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 Game, and not SIE or any of its affiliates.
19. Governing Law and Jurisdiction
All matters relating to the Game 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 Commonwealth of Pennsylvania, 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 Game must be instituted exclusively in the federal and state courts located in Allegheny County, Pennsylvania, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. Waiver and Severability
No waiver by Schell Games 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 Schell Games 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.
21. Third-party Beneficiaries
Schell Games designates certain service providers as third-party beneficiaries having the right to enforce this Agreement.
22. Entire Agreement
These Terms of Use and our EULA for the Game, if any, are the sole and entire agreement between you and Schell Games regarding the Game and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.
23. 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 Game, 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.
24. Your Comments and Concerns
If you have any questions about the Game or these Terms of Use, please complete the “Support Form”: