Effective Date: 1 January 2023
Hi there! We are so happy you have elected to play Synth Riders. We hope that you will get as much fun and enjoyment out of it as we have had making it. But before you jump in, there are a few details we would like you to be aware of and consent to. Please read the terms below and click the “Agree” button at the end of this document, and then you are good to go!
1.1. This agreement (the “Agreement”) is a contract between you and Kluge Strategic, Inc. (hereinafter “we”, “us” and “our”), governing your use of Synth Riders.
1.2. For the purpose of this Agreement, the term “Synth Riders” includes the software of, and the IP rights to, the video game itself, all of its components (e.g., the source code) and content (e.g., graphical or musical content).
1.3. This Agreement applies to the existing Synth Riders game and all of its future updates and expansions, unless the expansion is governed by a separate agreement. If an expansion to the Synth Riders game is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement.
1.4. If you are a minor (below the legal age of majority in your country), you are required to have the Agreement reviewed and agreed to by your parent or legal guardian.
2. Application of a distributor’s terms and conditions
2.1. We generally use the services of a distributor to market Synth Riders. The distributor usually has its own terms and conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor’s terms and conditions which conflict between the terms and conditions regulated in this agreement, and the distributor’s terms are more restrictive, then the distributor’s terms and conditions take precedence unless they provide that this agreement between you and Kluge Strategic Inc. applies preferentially.
3. Health and safety warning
3.1. Due to its virtual-reality nature, Synth Riders can be physically challenging. Please consider your state of health before you start playing. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated.
3.2. Please be careful and mindful of your environment when playing Synth Riders. Always make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you.
3.3. If you are a minor (below the legal age of majority in your country), you are required to have the health and safety concerns reviewed by your parent or another responsible adult before you start to play Synth Riders.
3.4. Please note that you bear responsibility for your actions while you play Synth Riders. We don’t take responsibility for any injury or damage caused by your actions while playing Synth Riders.
4. License terms and ownership
4.1. We give you the right to use Synth Riders (a license) to the extent of downloading it, installing it, and playing it for your personal non-commercial enjoyment.
4.2. You may not do the following with Synth Riders:
4.2.1. use Synth Riders for commercial purpose (including e-sport and similar events) without our prior consent or unless specifically permitted in this Agreement;
4.2.2. grant a sublicense to another person;
4.2.3. copy Synth Riders, apart from creating copies necessary to run Synth Riders on your gaming device;
4.2.4. sell, rent, lease or otherwise distribute Synth Riders;
4.2.5. edit, merge, distribute, translate, reverse engineer, decompile, disassemble Synth Riders unless specifically permitted in this Agreement, with our prior written consent;
4.2.6. cheat, wilfully exploit bugs or glitches, wilfully harass or disturb other players, or utilize any software or other means to do any of the aforementioned activities in Synth Riders. If you engage in such activities, we reserve the right to take the appropriate measures, e.g., block your access to the online feature of Synth Riders, or suspend or block your access to Synth Riders.
4.2.7. bypass or remove any measure preventing misuse of Synth Riders;
4.2.8. misuse Synth Riders in any way contrary to the applicable law, including good morals rules.
4.3. We retain all ownership rights to Synth Riders. No proprietary right is assigned to you via this Agreement.
4.4. We reserve the right to provide or unilaterally deploy patches, updates and other modifications to Synth Riders in order to remove or correct a bug, glitch or other issue, to prevent misuse of the game or breach of this Agreement, or to enhance the gameplay (e.g., provide you with additional content).
4.5. Be considerate and polite while using any online feature of Synth Riders, especially when communicating with other players. Don’t choose a rude or offensive user-name or any user-name infringing upon the rights of others, especially personal rights. If you do this, we reserve the right to take the appropriate measures, e.g., change your user-name, block your access to the online feature of Synth Riders, or suspend or block your access to Synth Riders.
5.1. We grant you all the rights under this Agreement to Synth Riders “as is” and “as available”. This means that we do not grant you any guarantee that Synth Riders works without any bugs, glitches, or other issues. We do not take any responsibility or liability for Synth Riders having any bugs, glitches, or other issues.
5.2. We warrant to you that we have the right to conclude this Agreement with you and that we have the right to grant you the rights under this agreement (namely the license to use Synth Riders as permitted in this Agreement).
6.1. If you materially breach this Agreement, we have the right to terminate the Agreement without any advance notice. Once we terminate the Agreement with you, you will lose all the rights granted by this agreement, namely the right to use Synth Riders, whereas we shall have no further obligations to you stemming from this Agreement.
7. Governing law and dispute resolution
7.1. This Agreement, your use of Synth Riders and all claims based on, arising from or related to this Agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this Agreement or rights and obligations regarding any unjust enrichment incurred in relation to this Agreement, shall be governed by and enforced in accordance with the law of the state of California, in the United States of America (excluding conflict-of-law rules), including its statutes of limitations. For the avoidance of doubt, in no case may the aforesaid governing law prejudice the level of consumer protection ensured by the laws of your country of residence.
7.2. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of Los Angeles. IN SOME JURISDICTIONS THE PROVISIONS INCLUDED IN THIS SECTION ARE PROHIBITED. NO PROVISIONS IN THIS SECTION WILL THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED IN THE JURISDICTION IN WHICH YOU ARE A RESIDENT. IN SUCH CIRCUMSTANCES, WHERE YOU HAVE A LEGAL RIGHT TO DO SO, YOU MAY BRING A CLAIM TO ENFORCE YOUR CONSUMER RIGHTS IN CONNECTION WITH THESE TERMS BEFORE THE COURTS OF YOUR RESIDENT COUNTRY.
8. Changes and amendments
8.1. We reserve the right to make changes to this Agreement at any time without any notice to you.
8.2. The changes shall become legally binding immediately upon our posting of such amended terms online. If you don’t agree to the changes, you may terminate this agreement by simply ceasing to use Synth Riders (including deleting any copy installed on your gaming device). If you continue to use Synth Riders after the changes have come into effect, it shall be construed that you agree to the amended agreement in its entirety.
10. Store Terms
10.1 The ways in which you can use the game may also be subject to the relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of this EULA and the relevant Store’s terms from which you purchased and/or installed the game, the Store’s terms shall prevail to the extent of the conflict.
10.3 Where the game was purcahsed on PlayStation™Store in Europe (“SIEE”): Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
10.3 Where the game was purcahsed on PlayStation™Store in the US (“SIEA”): Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
11. Other legal matters
11.1. You may not assign this agreement or any of the rights granted in the Agreement to another person.
11.2. The provisions of this Agreement shall be interpreted to the fullest extent expressed in this Agreement. If any of the provisions of this Agreement is deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
12.1. If you have any questions, comments or feedback about Synth Riders or this Agreement, you can contact us at [email protected]. You can also contact us to report inappropriate behaviors by other players on Synth Riders for our review.