Last updated 2 October 2024

Background

1. Brink Gaming AG, CHE-152.210.781, c/o Centralis Switzerland GmbH, Bahnhofstrasse 10, 6300 Zug, Switzerland ( “Brink” ,“we”, “our”, “us”), operates the virtual interconnected worlds of Scape, including any patches, updates and modifications to it, all related content and documentation made available to you, and all software, code, artwork, logos, avatars, graphics, design and all other elements which subsist therein, now and in the future (“Scape”). By downloading, installing and running a copy of Scape, you agree to be bound by the terms of this End User Licence Agreement (the “Agreement”). You shall not install the application, and you shall cease any use of Scape if you do not accept this Agreement
2. You further acknowledge and accept our Terms of Service governing what you can do and cannot do in relation to the various websites we operate and how we generally provide our services, including https://createyourscape.com and https://scapenexus.com/ (the “Websites”), and you acknowledge having read our Privacy Policy which outlines what personal data we collect and how we process it.
3. Please read through this Agreement carefully as it outlines what you can do and cannot do in and in relation to Scape. We may update or amend this Agreement from time to time to comply with applicable law, regulatory requirements, or because we have introduced changes to the features of Scape. If we make any amendments to this Agreement that affects your rights in any way, you will be given the opportunity to review any amendments to this Agreement and must agree to it in order to continue using Scape.
4. If you have any questions about this Agreement, please contact us via [email protected].

1. Closed Early Access to Scape

   Scape will initially be provided in a very limited and restricted version and only to eligible users. You will be able to do quests, roam limited spaces and chat with others. In order to use Scape, you need to meet the eligibility criteria and minimum system requirements posted on the Nexus Website. You are further required to create an account with us via the Scape Nexus Website by providing an email address and registering a username in order to download and access Scape. You agree to provide and maintain accurate and complete information. You are responsible for keeping your login credentials secure and for any use of your account. You agree to notify us immediately if you become aware of any unauthorized use of your account. You hereby acknowledge that Scape shall not be deemed feature-complete or error-free, and that it will likely contain bugs, errors and inconveniences. Therefore, we make no promises as to the level of quality you will experience in the closed early access of Scape. We will use commercially reasonable efforts to provide you with the support you need to use Scape.

2. Community Guidelines

   We need to set rules in order to ensure that everyone will have a nice experience in Scape. You agree not to do or attempt to do the following in Scape:

   1. threaten, harass, stalk, bully, discriminate, scam, or express hatred or profanity towards others etc.;
   2. engage in activity that is harmful, fraudulent, misleading, tortious, defamatory, vulgar, obscene, racially or ethnically offensive etc.; or
   3. spam, post links, or transmit any kind of unsolicited advertising; or
   4. engage in any other activities that are criminal, illegal or otherwise questionable, use of bots or scripts not authorized by us, or other activities detrimental to other users’ enjoyment of Scape.
3. Intellectual Property Rights

   We, for ourselves and/or on behalf of our licensors, reserve, and you acknowledge and agree that we and/or our licensors, own all rights, title, and interest in and in relation to Scape, including any intellectual property rights and other proprietary rights (and any copies thereof) which subsist in or around Scape, whether registered or not. All rights, title, and interest in and to any and all improvements, modifications, derivative works, and innovations of, to and/or involving Scape will be retained in full and owned by us and/or our licensors. Unless otherwise explicitly set forth herein, your use of Scape and its contents grants no rights to you in relation to our or a third party’s intellectual property rights. All rights not expressly granted to you are reserved by us in full. You may not, and you may not permit anyone else to, carry out or attempt to carry out the following actions unless otherwise specifically communicated by us in writing or to the extent permitted under mandatory applicable law:

   1. copy, reproduce, modify, create derivative works of, decrypt, unmask, hack, emulate, exploit, tear-down, or circumvent security mechanisms (or carry out any act otherwise restricted by applicable intellectual property laws) any part of Scape in a way that is not expressly authorized by this Agreement.
   2. reverse engineer, derive source code from, decompile or disassemble Scape or any part of it; or
   3. use Scape for commercial purposes, competitive analysis, benchmarking, or to create a product or service competitive with Scape.
4. Our License to You

   Subject to your compliance with this Agreement, we hereby grant you a personal, revocable, non- exclusive, non-transferrable, non-sublicensable, non-assignable, restricted, and limited license to download and install a copy of Scape in accordance with this Agreement. Some parts of the technology made available to you is owned by our licensors. You therefore agree to abide by any usage restrictions and policies made available to you in Scape. Scape may be provided together with, or otherwise contain, certain open-source software as listed in Scape, each licensed to you under the respective open-source license agreement. By using Scape, you acknowledge and agree to the terms and conditions of each such open-source license. In the event of a conflict between the terms of an applicable open-source license and this Agreement, the terms and conditions of the open-source license shall prevail solely with respect to the applicable open- source software.

5. Your License to Us

   You hereby grant us a perpetual, worldwide, fully paid-up, royalty-free and irrevocable license to any suggestions, ideas feedback, comments, suggestions, contributions, and other relevant input (collectively “Feedback”) that you choose to submit to us related to Scape, whether you submit Feedback via the Websites, our social media channels or otherwise, including any intellectual property rights, immediately and automatically upon submission without the need for further act, formality or instrument and without further compensation than our provision of Scape hereunder. Following such grant of license, you agree that we shall have the unrestricted right to use, modify, reproduce and copy, transfer, assign, license, sub-license, abandon or otherwise dispose of the Feedback as we deem fit. You represent and warrant that you have the unrestricted right to grant us such license hereunder.

6. Suspension

   We may provide you with a written warning, or temporarily suspend your use of and access to Scape at any time with or without prior notice and without liability, if we in our sole discretion believe that you have breached applicable law or this Agreement. We may terminate your account with immediate effect upon written notice to you if we have reason to believe that you have committed a material breach of this Agreement.

7. Modifications to Scape

   You acknowledge that Scape is currently under development; hence, we reserve the right to, in our sole discretion, add, modify, disable or remove features, functionalities, information, and instructions related to Scape, and make any other changes, updates, or improvements to Scape as we deem fit. We will use commercially reasonable efforts to ensure that Scape is made available to you. Any changes, modifications, improvements, updates, or releases etc. related to the Scape shall, unless otherwise communicated by us, be subject to the same terms and conditions set forth in this Agreement. While we will do our best to maintain all data, we cannot guarantee that all data will be intact between updates and patches of Scape.

8. Disclaimer

   We provide Scape on an 'as-is' and “as available” basis and do not guarantee that Scape will be available or fault free and disclaim any and all liability for any errors or omissions. You further acknowledge that Scape is undergoing development and may therefore not be error-free or feature-complete and subject to change in our sole discretion. We may suspend or terminate Scape without notice at any time if we believe that this is necessary. We make no, and hereby disclaim, and you hereby waive, any and all representations and warranties regarding our provision of Scape, including any statutory, express, or implied warranties of merchantability, fitness for a particular purpose, non-infringement, legality, safety, accuracy, or provision of an error-free or uninterrupted service.

9. Limitation of Liability

   We shall not be responsible or bear any liability to you for any indirect, consequential, incidental, special or punitive damages, or data loss, or any other loss or damage as a result of or related to your use of or inability to use Scape. Our liability shall under all circumstances be limited to €100 Euros.

10. Indemnification

    You agree to defend, indemnify and hold Brink and its affiliates harmless from any and all claims, damages, losses, obligations, and penalties, including reasonable attorney’s fees, as a result of your use, action or inaction related to Scape in violation of this Agreement or applicable law, ordinance, regulation, court order or other legal requirement, contractual obligations, intellectual property rights, or other rights of third parties.

11. Other Terms

    These Terms constitute the entire agreement between you and us regarding your use of Scape. You agree that we have the right to transfer or sub-contract our rights and obligation under this Agreement to a third party. You may not transfer your rights or obligations under this Agreement. Our failure or delay to exercise or enforce any right in this Agreement does not waive our right to enforce that right. If a court of law or relevant authority finds part of this Agreement to be unenforceable or unlawful, the remaining paragraphs shall continue in full force and effect.

12. Governing Law and Jurisdiction

    This Agreement and any disputes or claims arising in or relating to this Agreement shall be governed by Swiss law. You and Brink agree to the exclusive jurisdiction of the courts of Switzerland with respect to any such dispute or claim.