Terms of Use - Brace Yourself Games

Last Updated: 1/17/2024

Translations:

These Terms of Use (“Terms”) are a legal agreement between you (“End User” or “you”) and Brace Yourself Games Inc. (“Brace Yourself Games” or “us” or “we” or “our”) for the video games we publish and distribute, including Cobalt Core, Crypt of the NecroDancer, Godless, Industries of Titan, Phantom Brigade, Rift of the NecroDancer, and Super Raft Boat Together, and all related software, files, documentation, updates, upgrades and derivative works (collectively, the “Games”, and each, a “Game”).

By accessing or using any Game, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use any of the Games.

1. LIMITED USE LICENCE

1.1 Grant of License. Subject to the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, limited right and licence to access and use the Games for your personal non-commercial gameplay.

As an End User, you are permitted to download certain materials from the Games, such as information, images, artwork, text, videos, audio, and pictures, but only to the extent necessary for accessing and using the Games in accordance with these Terms. However, the following restrictions apply:

Prohibited Actions: You are expressly prohibited from:

Copying, reproducing, republishing, posting, transmitting, or displaying any of these materials beyond what is required for normal game use.
Performing, distributing, modifying, translating any of these materials.
Reverse-engineering, reverse-compiling, decompiling, disassembling any part of the Games.
Creating derivative works from any of the materials or any other portion of the Games.
Requirement for Written Approval: Any use of the aforementioned materials or any part of the Games beyond personal gameplay, as described above, requires our prior written consent.
Commercially exploit the Games or distribute, lease, license, sell, rent, grant a security interest in, lend or otherwise transfer or assign the Games or any copies of the Games
Remove, alter, or conceal any proprietary notice contained in the Games
Encourage, assist or allow any third party to any of the foregoing.

Unauthorized use of these materials or the Games in a manner not expressly authorized by these Terms is strictly prohibited and may violate our and/or our licensors’ intellectual property rights.

We, and our licensors, reserve all rights not specifically granted to you in these Terms.

2. INTELLECTUAL PROPERTY

2.1 Ownership. The Games are protected by copyright law and by national and international laws, treaties and conventions.

All rights, titles, and interests in and to the Games, including but not limited to, all computer code, titles, text, images, animations, artwork, audio, video, designs, sounds, themes, objects, characters, character names, stories, dialogue, concepts, trademarks, the graphical design and “look-and-feel” of the user interface, as well as any modifications, customizations, and additions to the Games, are owned exclusively by us, Brace Yourself Games Inc. This includes all intellectual property rights inherent in or related to the Games.

2.1 Music. All musical content provided through our service, including but not limited to songs, compositions, lyrics, and recordings, is protected by copyright and is the property of their respective owners. The use of this content is granted under the terms of this license and is subject to copyright laws.

As a user of this service, you agree not to engage in the unauthorized copying, downloading, sharing, or distribution of any music or musical content. This includes, but is not limited to, the following activities:

Copying, ripping, or making any form of digital copies of the music other than for personal, non-commercial use as permitted by this agreement.
Distributing, sharing, or uploading music tracks or albums to file-sharing networks, websites, or other platforms for the purpose of unauthorized distribution.
Using the music for public performances, broadcasting, or any form of commercial use unless expressly permitted by a separate agreement.

2.2. Trademarks. Our names and logos are our trademarks and you must not use any of them without our consent. Except as expressly set out in these Terms, you acquire no license to, or other rights in, the Games.

2.3. Consequences of Violation. Violation of these terms may result in immediate termination of your account, legal action, and liability for damages caused by the infringement of intellectual property rights.

3. CHANGES AND UPDATES TO GAMES

3.1 Game Updates, Modifications, and Usage

Updates and Upgrades: Brace Yourself Games may provide patches, updates, or upgrades to the Games, which are necessary for continued use. We may also remotely update the Games without prior notification. By using the Games, you consent to the application of these patches, updates, and upgrades.
Changes to the Games: We reserve the right to modify, suspend, discontinue, substitute, replace, or limit access to any aspect of the Games at our discretion. Your use of the Games does not entitle you to any proprietary interest, monetary or otherwise, in any feature or content of the Games, including, where applicable, in-game rewards, trophies, achievements, character data, game progress, or game customization.
Data Availability: You acknowledge that any data related to your use of the Games, such as character data or game progress, may become unavailable at any time without notice, especially following an update, patch, or upgrade.
Maintenance and Support: Brace Yourself Games is not obligated to provide any maintenance or support for the Games.
Unsubscribed Software: The media on which the Games are distributed may include additional software and content (“Unsubscribed Software”) for which you do not have a license. During the installation of the Games, we may install Unsubscribed Software onto your computer. You agree not to access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, or decompile any Unsubscribed Software, unless and until you receive a valid license from us for that Unsubscribed Software.

4. AGE RESTRICTIONS AND PARENTAL CONSENT FOR THE GAMES

4.1 Age Requirement for Binding Contract. The Games are accessible exclusively to individuals who have reached the legal age to form a binding contract in their jurisdiction.

4.2 Use by Minors (Ages 13 to 19) Individuals who are over the age of 13 but under the age of 19 (“Minors”) may use the Games only under the following conditions:

They must obtain express authorization from a parent or legal guardian.
In jurisdictions where applicable laws set different age limits, Minors may access and use the Games through an account established and approved by their parents or legal guardians.
Parental Responsibility: If you, as a parent or legal guardian, allow your minor child or legal ward to use your account to access and use the Games, you are agreeing to these Terms on your behalf and on behalf of your minor child or legal ward. You acknowledge and agree that you will be fully responsible for all activities conducted through your account by your minor child or legal ward, including any purchases made within the Games, regardless of whether you have authorized such activities.

4.3 User Confirmation. By accessing and using the Games, you confirm that you are at least 19 years of age or the age of majority in your jurisdiction of residence, and that you have the legal capacity to enter into a binding contract.

5. INTERRUPTIONS, ERRORS, AND DOWNTIME

5.1 Service Interruptions. While we strive to provide a seamless gaming experience, your use of the Games may occasionally be interrupted and is not guaranteed to be error-free.

5.2 Possible Causes of Unavailability. The Games might be temporarily unavailable due to various factors, including but not limited to routine maintenance, system upgrades, hardware or software malfunctions, repairs, power outages, security breaches (such as hacking or denial of service attacks), or unusually high service demands.

5.3 Notice of Scheduled Interruptions. We will endeavour to provide advance notice of any planned service interruptions whenever reasonably feasible, to minimize any inconvenience to you.

6. PRIVACY

Please refer to our Privacy Policy at for information on how we collect, use, and share your information. You hereby consent to the collection, use and disclosure of your personal information as described in these Terms and our Privacy Policy.

7. YOUR RESPONSIBILITIES

As a user, you are solely responsible for acquiring and maintaining the necessary computer equipment and internet connection needed to access and use the Games. All associated costs are your responsibility.

While we endeavour to ensure the Games function properly, we do not guarantee that they will be compatible with other programs on your computer. We are not liable for any issues related to the operation or failure of your computer equipment, network, software, or internet connection.

To optimize the performance of the Games, we advise that you close or turn off any other software programs that may be running concurrently, as these can potentially interfere with the functioning of the Games.

8. RESTRICTIONS ON YOUR CONDUCT

When using the Games or any product or service available through the Games you must comply with all applicable laws and with all of our policies and rules, as updated from time-to-time. You are expected to have read our Code of Conduct and agree to uphold the spirit of that code in all player-to-player interactions and all interaction with employees of Brace Yourself Games.

In particular, but without limiting the foregoing, you must abide by the following:

Do not tamper with the Games. Don’t hack, reverse engineer, disrupt, or interfere with the Games, and don’t make unauthorized changes to them.
Avoid harmful use. Use the Games in a way that doesn’t damage them or stop others from enjoying them.
Respect others. Don’t harass, threaten, or be mean to other players or to our employees.
Do not mislead others. Don’t pretend to be a Brace Yourself Games employee, and don’t mislead other players.
No unauthorized access. Don’t try to get into the Game or servers, or other people’s accounts or systems without permission.
Keep content appropriate. Don’t send or upload anything harmful or offensive, like viruses, illegal content, or anything that invades privacy.
Respect privacy. Don’t post or share personal information about others, and don’t collect information about other players without permission.
Don’t spam or advertise. Avoid using the Games for spamming, advertising, or any commercial activities.

9. CHEATING AND FRAUD

We strictly prohibit cheating and any illegal activities in connection with our Games. As a player, you are required to comply with all applicable laws. If we determine, at our own discretion, that you have engaged in cheating, attempted to defraud us or another player, made fraudulent payments, or participated in any illegal activities, we reserve the right to the following:

Immediately suspend or terminate your access to the Games.
Share details of your actions with other online gaming services, financial institutions, credit card companies, and relevant legal authorities and agencies.

Your adherence to these rules is essential to maintain a fair and enjoyable gaming environment for everyone.

10. SECURITY REVIEW

We reserve the right to conduct a security review at any time to validate your identity, age, and your financial transactions, for potential breach of these Terms and of applicable law. You hereby authorize us and our agents to make any inquiries of you, and to use and disclose to any third party any information, we consider necessary to validate the information you have provided or are required to provide to us under these Terms. To assist in these security reviews, you agree to provide such information or documentation as we may request from time to time in our sole discretion. If, after conducting a security review, we determine in our sole discretion that you have not complied with these Terms, or that you have not provided timely satisfactory responses to inquiries made in the security review, we may terminate or suspend your access to the Game.

11. CONSENT TO MONITORING

11.1 Monitoring for unauthorized third-party programs. Please note that while running the Game, we may from time to time monitor your computer’s random access memory (“RAM”), media access control (“MAC”) address, configuration files and system files and so forth, for unauthorized third-party programs running concurrently that interact with the Games and are prohibited by these Terms. This includes programs that do the following:

Enable, support, or encourage cheating of any type;
Allow users to modify or hack the Game in any way not expressly authorized by Brace Yourself Games;
Collect or intercept information from or through the Game

In the event that such behaviour is detected, the game may communicate this information back to Brace Yourself Games without notice to you, including your Account information, your internet protocol (IP) address, details about the unauthorized third-party program, and the time and date that the unauthorized third-party program was detected. If the Games detects the use of an unauthorized third-party program, your access to the Games may be terminated.

11.2 Communication Within the Services By using the communication features within the Services (like live chat, instant messaging, message boards, etc.), you understand and agree to the following:

Server Transmission. All communications are transmitted through our servers.
No Confidentiality. You waive any confidentiality rights you may have in these communications to the extent allowed by law.
No Expectation of Privacy. You should not expect privacy in your communications, acknowledging that we or our agents may monitor them.
Character Data Monitoring. Any character data stored on our servers can also be monitored by us or our agents, as permitted by law.

12. THIRD-PARTY PLATFORMS AND ACCOUNTS

12.1 Third-Party Platforms. Some Games may be available (or only available) through accessing (or downloading from) a third-party platform or store, including but not limited to, the Nintendo eShop, the Steam game platform, the Epic Games platform, Microsoft Store, PlayStation Store, Google Play Store and Apple App Store (each, an “ App Store ”). Your use of the Services is also governed by any applicable agreements you have with any App Store (the “ App Store Agreement(s) ”). In the event of a conflict between any other App Store Agreement(s) from which you acquire the Games and these Terms with respect to your use of the Services, these Terms will take priority.

12.2 Account Termination. We reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party of its belief, that you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behaviour. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Games or to any product or service available through the Games or any Brace Yourself Games website for any reason or no reason, with or without notice. In the event of termination, your Account will be disabled, and you will not have access to your Account. You should be aware that, if your Account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.

13. DISCLAIMERS

THE GAMES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE GAMES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE GAMES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAMES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.

IF YOU DOWNLOAD OR OBTAIN ANY PRODUCT OR SERVICE THROUGH OR IN CONNECTION WITH THE GAMES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA, THAT ARISES FROM OR RELATES TO ANY SUCH PRODUCT OR SERVICE.

14. LIMITATION OF LIABILITY

YOU USE THE GAME AT YOUR OWN RISK. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME.

WITHOUT LIMITING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE GAMES OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY BRACE YOURSELF GAMES WEBSITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GAME OR ANY BRACE YOURSELF GAMES WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE GAME OR ANY BRACE YOURSELF GAMES WEBSITE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY BRACE YOURSELF GAMES WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE GAME OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY BRACE YOURSELF GAMES WEBSITE. FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT.

15. MAXIMUM LIABILITY

IF, DESPITE THE LIMITATIONS SET OUT ABOVE, WE BECOME LIABLE TO YOU IN RESPECT OF THE GAME OR OTHERWISE UNDER THESE TERMS, THAT LIABILITY WILL BE LIMITED TO THE SMALLER OF THE FEES YOU PAID TO US IN RELATION TO THE GAME IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $100 CAD.

16. INDEMNITY

YOU WILL INDEMNIFY AND HOLD HARMLESS BRACE YOURSELF GAMES INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT THEY MAY INCUR IN CONNECTION WITH YOUR USE OF THE GAME OR YOUR BREACH OF ANY OBLIGATION IN THESE TERMS.

17. JURISDICTION AND REMEDY

Because some jurisdictions do not allow certain exclusions or limitations of liability, the disclaimers, exclusions and limitations in these Terms will apply to the fullest extent permitted by law in the applicable jurisdiction.

We operate and maintain the Games from Canada, and we do not represent or warrant that the Games are appropriate or available for use in any particular jurisdiction. You choose to access and use the Games on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

18. TERMINATION OF TERMS

Without prejudice to any of our rights under these Terms or at law or equity, we may terminate these Terms and your access to the Games immediately if you breach these Terms.

19. TERMINATION OF THE GAMES

You acknowledge that we may, at any time and in our sole discretion, stop providing access to or support for any of the Games without notice or liability to you. You further acknowledge and agree that we may change, suspend, discontinue or restrict your access to any feature of the Games at any time without notice or liability to you.

20. GOVERNING LAWS AND DISPUTES

These Terms will be governed by and construed in accordance with the laws in effect in British Columbia, Canada, without reference to its choice of laws rules. You hereby attorn irrevocably to the exclusive jurisdiction of the British Columbia courts sitting in Vancouver, British Columbia; however, we may apply to a court of competent jurisdiction for interim protection or equitable relief such as an interlocutory or interim injunction.

21. CHANGES TO TERMS

We may revise these Terms (including any applicable fees and service charges) at any time and from time to time. We will provide notice of any changes by presenting revised Terms for your review when you first access the Games after the Terms change. We may provide such other notice as we may choose at our sole discretion. Your continued use of the Games following notice of changes to these Terms will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Game.

22. EXPORT CONTROLS

The Games are subject to all applicable export laws and restrictions. The Games may not be re-exported, downloaded or otherwise exported to (or downloaded or installed by a national or resident of) any country to which Canada or the United States maintains an embargo, or any person or entity specifically designated on a control list maintained by Canada or the United States. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

23. FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Games ( “Feedback” ). You can submit Feedback by emailing us at [email protected] or by using the Feedback function within the Games, if available. If you choose to submit Feedback, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, without any restriction or compensation to you.

24. GENERAL

Terms and Conditions Overview:

Waiver. Our decision not to enforce any specific default or omission on your part does not affect our rights to address any future defaults or omissions. For a waiver to be valid, it must be in writing.
Entire Agreement. These Terms, along with our Privacy Policy, replace all previous agreements between you and us regarding this subject matter and constitute the entire agreement concerning it.
Assignment and Sublicensing. You are not permitted to transfer or sublicense your rights under these Terms to anyone else without our prior written consent, which we may withhold at our discretion.
Binding Effect. These Terms are binding and will benefit both you and us, as well as our respective heirs, legal representatives, successors, and permitted assigns.
Force Majeure. Neither party is liable for failing to perform its obligations (except for payment obligations) if such failure is due to causes beyond its reasonable control.
Interpretation. In these Terms, references to “we,” “us,” and “our” mean Brace Yourself Games Inc. only. When referring to both you and Brace Yourself Games Inc. collectively, we use “the parties.”

25. AGREEMENT TO TERMS

By using any of the Games, you acknowledge and agree that you have read, understood, and consent to comply with these Terms.