General Terms and Conditions

1. Acceptance

By downloading, installing, playing, and/or using "Spiritfall" (the “Game Software” or “Software”, interchangeably) and/or by accessing any services provided by Gentle Giant Games Ltd. (the “Company”) including the www.gentlegiantgames.com website and any online services (the “Website” and “Services”), you explicitly accept and agree to the following terms and conditions and the privacy policy, consisting a binding agreement between you and the Company. If you do not agree with any of these terms and conditions, you must immediately cease all use of the Software.

These Terms do not derogate from any other agreement, including the Steam Subscriber Agreement (https://store.steampowered.com/subscriber_agreement) as may be applicable to you.

IN ORDER TO USE THE GAME OR SERVICE ON SPECIFIC PLATFORMS OR DEVICES, YOU WILL ALSO BE REQUIRED TO ACCEPT AND COMPLY WITH ALL RULES OF EXTERNAL PLATFORMS OR DEVICES APPLICABLE TO THE SPECIFIC GAME, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY PLATFORM’S TERMS OF SERVICE AND PRIVACY POLICY.

2. License

Subject to your compliance with these Terms of Service, the Company grants you a limited, worldwide, personal, non-commercial, and non-assignable license to use the Game Software. You acknowledge that no software is purchased and all design, features, graphics, interfaces and multimedia elements, trademarks and service marks remain the sole intellectual property of the Company and/or their respective owners.

3. Third Party Services

3.1.

The Software and any part thereof may require, involve or be based on third party services, websites or content, other than the Company. You must comply with the terms applicable to all such third-party services, and acknowledge that the Company assumes no responsibility for the services, products, content, or interaction with any third-party websites or services. 

3.2.

Third Party Services may collect personally identifiable information over time and across different systems. The Company is not responsible for any act or omission by any third parties. 

3.3.

Third Party Services are to be used under and in accordance with the respective terms of use and privacy policies.

4. Intellectual Property

4.1.

For the purposes of this Agreement, "Intellectual Property Rights" means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trademarks, database rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.

4.2.

The Company shall remain the sole owner of all Intellectual Property Rights in the Software.

4.3.

You may not copy, publish, modify, decompile, reverse-engineer, disassemble, hack or otherwise manipulate the Software or use it in any other way except as intended.

5. Monetization Permission

 

The Company permits screenshots and gameplay recordings of Game Software to be published through video broadcasting services (e.g. YouTube, Twitch) for non-commercial purposes. You must give proper credit. Monetization of videos created containing assets from the Game Software is explicitly allowed by Company. This permission can be found in writing at https://www.gentlegiantgames.com/terms#monetization.

6. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND SERVICES. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, THEORETICAL (INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS OF ANY SORT) OR INCIDENTAL DAMAGE OR LOSS OF ANY SORT.

7. Limitation of Liability

WITHOUT DEROGATING ANY DISCLAIMED LIABILITY, TO THE MAXIMUM EXTENT PERMITTABLE BY LAW, IT IS HEREBY AGREED THAT COMPANY’S LIABILITY SHALL NOT EXCEED, SUBJECT TO LAW, THE GROSS TOTAL AGGREGATE AMOUNT OF PAYMENTS FULLY PAID AND RECEIVED BY THE COMPANY.

8. Website

The Company may offer information, updates, and other content and media on the Website. The Company reserves the right to discontinue the operation of the Website or Services associated with it or any aspect or feature of the Service. The following provisions apply to any use of the Website and any associated Services.

8.1.

DMCA; Removal Requests; Takedown Notice

8.1.1.

We immediately remove allegedly infringing content following a proper takedown notice, corresponding with US Digital Millennium Copyright Act (DMCA) to avoid copyright infringement.

8.1.2.

Any communication of user content (“Submission”) under these Terms and Conditions, and any threatening, tortuous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or infringes or may reasonably be considered infringing of third party rights, is disallowed.

8.1.3.

The Company may remove any content if properly notified that such content or Submission infringes on another's rights (including intellectual property rights).

8.1.4.

To file a copyright infringement notification, send a written notice (“Takedown Notice”) that includes the following: (i) Contact details and physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed rights; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaint is justified. Such takedown notices may be emailed to the contact address at the bottom of these terms. The Company reserves the right to remove content and Submissions without prior notice, and may remove them permanently even if the dispute between the infringing and complaining party has been resolved.

9. No Waiver

The Company’s failure to assert any right or remedy under these Terms of Service shall not constitute a waiver of such right or remedy.

10. Severability and Mandatory Law

These Terms and Conditions are severable and shall remain binding, but remain subject to any and all applicable mandatory legislation.

11. Changes and updates to these terms and Conditions and Privacy Notice

These Terms and Conditions may be revised periodically and this will be reflected by the "Date Last Modified" below. Please revisit these terms to stay aware of any changes or you may receive an update. Your continued use of the Software and/or Services constitutes your agreement to these terms and conditions and the Privacy Policy and any amendments thereto.

12. Applicable Law; Limitations

Any issue of dispute with respect to these terms and conditions shall be solely governed and resolved in accordance with the laws of the state of Israel. Any cause of action not commenced by any party hereunder shall be permanently time-barred one (1) year after it accrues.

Date Last Modified: August 3rd, 2022