FIRST CONTACT TERMS OF SERVICE
Last Updated 9/9/2020
IMPORTANT PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING
Welcome to First Contact Entertainment Inc. (“First Contact”, “us”, “our” or “we”). We publish virtual reality games and content (“Game(s)”). These terms and conditions define your rights and obligations related to our Games and the rules for using the Games (collectively, the “Terms” or “Agreement”). This Agreement is a legal agreement between you and us and it describes the terms and conditions for using the Games, including any updates, patches, downloadable content, add-ons, or modified versions of the Games. In addition, by agreeing to this Agreement, you are also expressly agreeing and acknowledging that various third-parties may be exercising some of our rights on our behalf under the Agreement.
If you buy, download, install, use or play the Games, you agree to be bound by the terms of this Agreement. By entering into this Agreement, you are confirming you are an adult of legal age, you understand and accept this Agreement (including its dispute resolution terms), and you are legally and financially responsible for all actions using or accessing the Games. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement. If you (or your parent or legal guardian) do not or cannot agree to the terms of this Agreement, you may not buy, download, install, play or use the Games.
By accepting and agreeing to this Agreement, you are also agreeing to all terms of service and use, legal requirements, privacy policies, and any other agreements, terms and conditions of the platform used to purchase or otherwise access the Games, such as and with limitation the Sony PSVR, Oculus, and Vive platforms. Please review those third parties’ terms, policies, and agreements carefully. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms.
THIS AGREEMENT ALSO CONTAINS A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS-ACTION WAIVER PROVISION BELOW. IF YOU ACCEPT THIS AGREEMENT, YOU AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY. YOU MAY HAVE A TIME-LIMITED RIGHT TO OPT OUT.
If you are a user in the European Economic Area (“EEA”), or any other country that does not allow such arbitration agreement, the arbitration clause does not apply to you.
1. Eligibility; Registration and Account
Unless specifically stated otherwise for a particular Game, children under 13 years of age are not allowed to use or play any of our Games. To the extent permitted under applicable law, we decline any responsibility regarding any activities conducted by a child between the ages of 13 and 17 with or without the permission of a parent. If you are a parent and you give your permission for your child to use or play any of our Games, you thereby agree to these Terms as relating to use of the Game by your child.
To access and use certain features of the Games, you may be required to register for an account with the applicable third-party platform provider. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice if you discover or otherwise suspect any security breaches.
We may suspend or terminate your access to and use of the Games, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you; or (c) we suspect any other unlawful activity associated with you.
2. Conditions of Use; Community Guidelines (Code of Conduct)
You agree that you are responsible for your own conduct while using and playing the Games, and for any consequences thereof. You may not do or attempt to do any of the following with respect to the Games or any of its parts (“Community Guidelines”):
collect, store or share any personally identifiable information of other users from the Games without their express permission;
extract, scrape, or index the Games ;
use the Games, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Games;
bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented to protect the Games;
post, publish, submit or transmit any User Content (defined below) that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
access, tamper with, or use nonpublic areas of the Games;
attempt to probe, scan, or test the vulnerability of the Games, or breach any security or authentication measures;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Games to send altered, deceptive, or false source identifying information;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Games;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Games;
discrimination or make discriminatory comments of any form or manner, including without limitation on the basis of race, gender, religion, sex, gender identity, age, disability, ethnic origin, or sexual orientation when using the Games or in any User Content;
disparage, defame, name-call, or engage in any form of intimidation against another user, including swearing or use of any other inappropriate or offensive language, or making offensive or insensitive remarks of any kind when using the Games or in any User Content;
make or post any sexually explicit remarks or images, or engage in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content, or making offensive or inappropriate advances or comments to other users when using the Games or in any User Content;
reveal personally identifying information of other users or infringe on the privacy of other users when using the Games or in any User Content;
harassing, stalking, spamming, or making any other inappropriate comments or actions towards other users when using the Games or in any User Content;
restrict or inhibit any other user from using and enjoying any features of the Games or behave in a manner which is detrimental to the enjoyment of the Games by other users, in First Contact’s sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, game sabotage, spamming, scamming, cheating, using any unauthorized method or program, or otherwise contributing to such unauthorized behavior;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
Please be aware that because some of our Games are an online interactive multi-player game with in-game voice, text, and visual communication capabilities, your actions may impact other players in game play - and many of these players may even be between 13 to 17 years old. While you are using our Games, please also be aware of your surroundings, and use and communicate safely. You agree that your use of the Games is at your own risk, and that you will not use the Games to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
You agree that in conjunction with your use of the Games, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. Furthermore, you accept sole and complete liability for any content and communications shared by you to other uses related to the Games.
As such, you agree to indemnify and hold harmless First Contact and its officers, employees, agents, representatives, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions, contents and communications related to the Games. Similarly, if you have a dispute with any third party relating to your use of Games, you release First Contact (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3. Non-Final Version; Updates and Patches
You agree that at any time we may update to or publish or release an updated version of the Games. Therefore, although we do not have any express maintenance or support obligations with respect to the Games, we may from time to time provide patches, updates, or upgrades to the Games that must be installed in order for you to continue to use the Games, and you hereby consent to our applying such patches, updates, and upgrades.
In addition, you agree and acknowledge we can terminate or discontinue the Games at any time and for any reason, and may delete or modify the information stored by the platform or Games. And, you agree and acknowledge that our termination or discontinuing of a Game shall not be grounds for any refunds of any kind.
You also agree and acknowledge that each Game is non-final and a work in progress, and therefore may contain bugs or errors which may cause a loss of data and/or damage to your computer system or other devices, and First Contact is not liable in any way for such loss of data or damage, for interruptions of service, of for software or hardware failures.
You also agree and acknowledge that your use of the Games does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Games, and you acknowledge that any character data, game progress, game customization, in-game purchases, or other data related to your use of the Games may cease to be available to you at any time, including without limitation after a patch, update, or upgrade, or if First Contact in its sole discretion terminates or discontinues the Game at any time and for any reason.
4. Technical Protections
The Games may include security measures to control access to the Games, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may include incorporating license management, product activation, and other security technology in the Games and monitoring usage, including, but not limited to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying of the Games or any portions or components thereof. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software may not function properly.
5. User Generated Content
The Games may provide features which allow you to create, develop, modify, or contribute content (“User Content”) and to upload, publish, or otherwise make available User Content to other users of the Games. These features may also allow you to interact with, manipulate, and change User Content in whole or in part. User Content may include without limitation chat posts, voice communication, in-game texting, in-game purchases, character data, game customization, in-game constructions, replays, cinematics, scripts and programs, modes, gameplay, experiences, interactive features, screenshots, audiovisual combinations, musical works, animations, and other types of works (standalone or in combination).
You hereby grant to First Contact an irrevocable and non-exclusive permission, right, and license to host, copy, import, store, modify, adapt, display, perform, reproduce, create derivative works, publicly display, transfer, sublicense, and distribute (collectively “Use”) your User Content in whole or in part in any media, platform, or channel in connection with the Games. You retain all other rights that you may have in your User Content. You understand that you are not entitled to receive any compensation, fees, consideration, or other remuneration for your User Content in connection with the Games or First Contact’s Use of your User Content.
You represent and warrant that your User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. First Contact may remove any User Content and any related content or elements from the Games at its sole discretion.
6. In-Game Purchases
You may have the ability to purchase digital content and/or in-game items through the Games, and you may also may have the ability to purchase additional or enhanced functionality or items within certain Games (collectively, “In-Game Purchases”). Except as described in these Terms, we have no responsibility for any transactions you enter into with the third party platform for the In-Game Purchases and assume no liability for In-Game Purchases that occur within the third-party platform.
Your purchase of an In-Game Purchase or in-game currency within a Game is a payment for a limited, non-assignable license to access and use such content or functionality in the Game. In-Game Purchases, virtual items (including characters and character names) or in-game currency purchased or available to you in the Games can only be used in connection with the Game where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Game for money or other items for value. We may modify or discontinue In-Game Purchases, virtual items, or in-game currency at any time.
7. User Comments and Feedback
We and our Games may offer various opportunities to interact and share your opinions and thoughts with us and other users or via various forum, social media pages, or via other community initiatives. However, please note that the opinions or views expressed, or statements made via posts, user comments, feedback, “wiki” entries, online chat, or via other features of the Games (collectively referred to herein as “User Comments”), do not reflect the opinions or views of First Contact.
We do not review, edit or modify User Comments. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting the terms of this Agreement and the Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
We may also, from time to time, publicly share or redistribute User Comments on our website, or through other media or social media channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Games.
Similarly, if you provide us with any Feedback, you hereby grant First Contact a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for any purposes, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information, including software and code, that you provide, publish, or otherwise communicate directly or indirectly to us that relates to the Games.
8. Disclaimers and Limitation of Liability
DISCLAIMER: ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (1) THE GAME WILL OPERATE PROPERLY, (2) THAT THE GAME WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, OR (4) THAT ANY DEFECTS IN THE GAME CAN OR WILL BE CORRECTED. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NO WARRANTIES: FIRST CONTACT AND ITS AFFILIATES, LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE GAME. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
LIMITATION OF LIABILITY: YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRST CONTACT AND ITS AFFILIATES LICENSORS AND DISTRIBUTORS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE GAME, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE GAME, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE GAME WILL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR THE GAME DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense costs of, and hold First Contact, its licensors and distributors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Games, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from your User Content. You agree to reimburse First Contact on demand for any defense costs incurred by First Contact and any payments made or loss suffered by First Contact, whether in a court judgment or settlement, based on any matter covered by this Section 9.
We reserve the right to terminate your right to access and use the Games if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
11. Governing Law and Jurisdiction
This Agreement shall be construed and enforced in accordance with the laws of the State of California, United States of America, without reference to the principles of conflict of laws of any jurisdiction (including those of the State of California). For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts in Los Angeles, California, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
12. Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. If you live in the United States or another jurisdiction which allows you to agree to arbitration, you and First Contact agree to arbitrate all Disputes (defined below) regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
In the event of any dispute, controversy, or difference, arising among or out of, or in relation to, or in connection with the interpretation or performance of this Agreement or any of the terms hereof, or a breach hereof (“Dispute”), the parties hereto shall promptly conduct informal discussions and negotiations in good faith with a view to resolve such Dispute effecting as nearly as possible the intent and purposes of this Agreement. Any resolution of such Dispute shall be set forth in a writing signed by the parties.
If such Dispute cannot be satisfactorily resolved by the Parties themselves through friendly consultation within a period of thirty (30) calendar days after notice by you to First Contact of a Dispute, you or First Contact may commence an arbitration in accordance with this Agreement.
The arbitration shall be initiated and conducted according to either JAMS Streamlines (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) arbitration rules and procedure in effect at the time the request for arbitration is made, except as modified herein, including the optional appeal procedure (the “Arbitration Rules”). The Tribunal will consist of one arbitrator having experience in intellectual property and commercial disputes. The place of arbitration will be the Los Angeles, California office of JAMS or its successor (“JAMS”). The language to be used in the arbitral proceedings will be English. You and First Contact agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court. Any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. Judgment upon the decision or award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
First Contact will pay its arbitration costs as required by the Arbitration Rules and, in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay his, her, or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and/or litigation costs, in which case the arbitrator shall award fees or costs as required by the applicable law.
13. Class Action Waiver.
THE ARBITRATION PROCEEDINGS DESCRIBED ABOVE IN SECTION 12 OF THIS AGREEMENT WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Neither You nor First Contact shall be entitled to join or consolidate disputes by or against other individuals or entities, or to arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of a class or in a private attorney general capacity, in connection with any Dispute. Further, unless both you and we agree, the arbitrator may not consolidate more than one person’s claim. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law, but to the maximum extent permitted by applicable law, may not award relief against First Contact respecting any person other than you.
14. Your 30-Day Right to Opt Out
You have the right to opt out of and not to be bound by the Binding Individual Arbitration of section 12 and Class Action Waiver of section 13 of this Agreement. To exercise this right, you must send written notice of your decision to the following address: First Contact Entertainment Inc., .30699 Russell Ranch Rd., Suite 170, Westlake Village, CA 91362.
Your notice must include your name, mailing address, date you purchased the Game, and state that you do not wish to resolve disputes with us through arbitration. To be effective, this notice must be postmarked or deposited within 30 days of the date on which you purchased the Game unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this Agreement.
You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, we will similarly not be bound by them with respect to Disputes with you.
14. Amendments of this Agreement
15. No Assignment
You may not, without the prior written consent of First Contact, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. We, however, may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
Waiver: Failure of First Contact to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or our right to enforce each such provision and no waiver, if granted, shall be continuing. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by First Contact.
Entire Agreement: This Agreement sets forth the entire agreement between you and us with respect to the subject matter hereof, and supersedes and replaces any and every other prior or contemporaneous agreement, understanding or negotiation that may have existed between you and us to the extent that any such Agreement relates to the subject matter hereof.
Severability: If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable, or void, then the parties shall be relieved of all obligations arising under that provision, it being the intent that this Agreement will be deemed amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
Assignment: First Contact shall have the right to assign this Agreement and all or any part of our rights hereunder to any person, firm or corporation, and this Agreement shall be binding upon and inure to the benefit of our successors, licensees and assigns. This Agreement the rights and obligations hereunder may not be assigned by you.
Ownership and Independent Origin: All characters, events, and portrayals contained in the Games are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, we do not claim any right, obligation, or liability in and to User Content (except as otherwise outlined in this Agreement) or third-party content otherwise made available in the Games. The rights in and to any such third-party content remains with its respective owners.
Notice: Any notice or communications given by you under this Agreement shall be in writing and addressed to: First Contact Entertainment Inc., 30699 Russell Ranch Rd., Suite 170, Westlake Village, CA 91362.