Modding Agreement

This is a legal agreement between you and Alderon Games Pty Ltd (“Alderon Games” or “We”). Please review this Modding Agreement (“Agreement”) carefully before installing, accessing or utilizing Alderon Games modding software. The Modding Agreement applies to the use of all services provided by Alderon Games, including video games (“Games”) developed and/or published by Alderon Games, other game-related services, and any other services Alderon Games has attached this Agreement to (“Services”).

Alderon Games encourages its users to express their creativity and enhance the experience of our Games through the creation of Game modifications. Alderon Games offers game modding services and platforms which allow you to construct new variations, modifications, derivations, adaptations, copies or improvements (“Modding”,“Mods”) of Alderon Games’s software and video games. Alderon Games also offers software through which Mods are created and Modding is facilitated (“Modding Tools”).

User Generated Content ("UGC") refers to any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services. Alderon Games provides the opportunity for you to provide UGC through the Service.

By participating in Modding or downloading any Mods, you agree to our Modding Agreement. By participating in modding, you also demonstrate that you have agreed to the Unreal® Engine End User License Agreement (https://www.unrealengine.com/en-US/eula/).

Laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Agreement. In the event that you are under the required age, you may not create any Mods unless your parent or legal guardian has reviewed and agreed to these terms. The license we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Agreement.

1. License

Upon agreeing to and complying with this Agreement, Alderon Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Services and Modding Tools for personal, non-commercial Modding purposes of Alderon Games’s Games.

a. License Limitations

Your use of the Services and Modding Tools is tied to your compliance with this Agreement. Any use of the Services or Modding Tools that violates this Agreement is prohibited and can result in the revocation of your license and may subject you to liability towards Alderon Games or liability for violations of law. You acknowledge and agree that you are solely responsible for your actions made in the Services or while using the Modding Tools.

By providing or submitting any UGC or Mods while using the Services or Modding Tools, you agree

• You are solely responsible for your UGC or Mods;
• You are the creator and sole owner of, or have the necessary rights, licenses, consents, and permissions to grant the license of the UGC or Mods to Alderon Games;
• Your UGC or Mods do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• Your UGC or Mods do not slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;
• Your UGC or Mods do not contain viruses, adware, spyware, worms, or other malicious data.
• Your Mod or UGC must be freely available and downloadable by any user through the Services provided it is applicable to their platform. You may not restrict Mod or UGC access or make some elements of your Mod or UGC restricted to specific users, admins, communities, or donators.

b. Disclaimer

Alderon Games is under no obligation to edit or maintain any UGC or Mods that you provide, and is not responsible or liable for UGC or Mods. Alderon Games may, at any time and without notice, screen, remove, block, or edit any UGC or Mods that in our sole discretion violates the Terms of Service.

Alderon Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any UGC or Mods without notice for any reason or for no reason at any time. If at any time Alderon Games chooses, in its sole discretion, to monitor the Services, Alderon Games nonetheless assumes no responsibility for UGC or Mods and assumes no obligation to modify or remove any inappropriate UGC or Mods. Alderon Games has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any UGC or Mods.

2. Termination

ALDERON GAMES MAY LIMIT, SUSPEND, MODIFY, OR TERMINATE PLAYER UGC OR MODS IF YOU, OR ALDERON GAMES SUSPECTS YOU, FAIL TO COMPLY WITH ANY OF THESE TERMS, WITH OR WITHOUT NOTICE TO YOU.

Alderon Games reserves the right to stop offering and/or supporting the Services or Modding Tools or a particular Game or part of the Services at any time, at which point your license to use the Services, Modding Tools, Mods, or a part thereof will be automatically terminated.

3. Intellectual Property and Ownership

a. Alderon Games’s Intellectual Property

The graphics, designs, information, data, computer code, products, software, games, and all other elements of the Service are protected by Australian law. All rights, titles, and interests to the Services are owned by or licensed to Alderon Games, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Alderon Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Except as expressly provided in the Agreement, Alderon Games does not grant any express or implied rights to Alderon Games’ Intellectual Property.

b. Modifications of Alderon Games’s Intellectual Property

For any modifications, derivative works, alterations, or improvements to Alderon Games’s Intellectual Property, Alderon Games shall retain full ownership of the work. You do not gain any rights over the work by modifying Alderon Games content. Use of the modified work must remain exclusively within the confines of Alderon Games’s Games and Services. Modified work cannot be used for any other purpose than to remain within the Game it originated from.

c. Original User Generated Content Ownership

Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. For any custom and original UGC that you provide to Alderon Games, you retain all copyrights that you may hold in the UGC. By agreeing to these Terms, you grant Alderon Games a perpetual, irrevocable, transferable, worldwide, non-exclusive, royalty-free right and license to host, store, transfer, publicly display, reproduce, modify, distribute, and use in any way the UGC that you provide, in whole or in part, including modifications, in any media or formats and through any media, items or channels, including for publicity and marketing purposes. By providing UGC to Alderon Games, you acknowledge you are granting other Service users the right to use and play your UGC within the game. Alderon Games has no obligation to monitor or enforce your intellectual property rights in or to your UGC.

4. Monetization

a. Selling Mods and UGC

You may not purchase, or pay directly for the use of any Mods, UGC, or benefit within the Game in correlation with the Services. Mods or UGC are not permitted to be sold or paywalled. Donations to Modders or UGC owners for their services may only be permitted or accepted if by donating you are not receiving exclusive items, boosts, skins, creatures, rewards, or any other type of benefit within the Game.

b. Selling Boosts and Game Content

You may not purchase, sell, donate for, or accept donations for bonuses, benefits, boosts, items, or exclusive perks within the Game. You may not restrict players from accessing to base Game content through paywalls, donations, or paid services (including, but not limited to, growth, skins, creatures, stats, or maps).

5. LIABILITY

a. AS IS

WE PROVIDE THE SERVICE, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

b. Responsibility for UGC

Alderon Games assumes no responsibility for the conduct of any user submitting any UGC, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Alderon Games cannot pre-screen or monitor all UGC. Your use of the Services is at your own risk. By using the Services, you may be exposed to UGC that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any UGC available in connection with the Services.

6. Contact Information

The Services are offered by Alderon Games Pty Ltd located at 53 Victoria Street, Bakery Hill, Victoria, Australia. You can contact us through our help site (https://support.alderongames.com/hc/en-us).