Quartzified Studios, operated by Virgil Weiss, hereinafter referred to as "Quartzified," provides the services described herein. This Agreement governs the relationship between you, the end user, and the usage of Quartzified Studios.
Welcome to Quartzified Studios ("Quartzified")! This End User License Agreement ("Agreement") outlines the terms and conditions governing your use of Quartzified's online gaming services and interactive games (referred to as "Games" or "Projects"). By installing or using Quartzified's gaming hub, you agree to be bound by the terms of this Agreement. Please read it carefully.
To access Quartzified's gaming hub, you affirm that you are of legal age, defined as the age of majority in your country and state of residence. If you're below the legal age of majority, please ensure that your parent or legal guardian consents to this Agreement on your behalf. By installing or using Quartzified's gaming hub, you confirm that your parent or legal guardian has provided such consent.
This Agreement outlines the terms and conditions that govern your licensed installation and use of the Platform. It also encompasses various aspects of the relationship between you and Quartzified Studios, as detailed below. In this Agreement, the terms "Platform" and/or "Hub" collectively, and sometimes individually, refer to (1) the Quartzified desktop app software, (2) Quartzified's gaming hub, (3) each of the Games, and (4) all features and components associated with them, whether installed or utilized on a computer, console, or mobile device. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE QUARTZIFIED PLATFORM OR GAMES.
Your usage of the Platform is granted through a license, not a sale, and it's important to acknowledge that no title or ownership concerning the Platform or the Games is being transferred or assigned. This Agreement should not be interpreted as a sale of any rights. All access to and utilization of the Platform and the Games are governed by this Agreement, the relevant software documentation, and our Privacy Policy (accessible at https://www.quartzified.com/privacy.html) – collectively referred to as the "Complete Terms." These Complete Terms are incorporated into this Agreement by reference, with this Agreement prevailing in case of any conflicting terms. They constitute the comprehensive agreement between you and Quartzified regarding the use of the Platform, the Games, and associated services and products, superseding any prior agreements, whether written or oral.
Article No. 1 : The Platform
1.1 Quartzified Account.
To access the Platform, you may need to register a Quartzified Account ("Account"). The following terms and conditions apply to the use of Games, creation, and utilization of Accounts:
1.1.1 You may establish an Account only if: (1) you are a "natural person" and an adult in your country and state of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not create an Account); and (2) you are not an individual specifically prohibited by Quartzified from using the Platform.
1.1.2 Individuals under 16 can't use an Account or the Platform. Users aged 16-18 (a "Child") must review this Agreement and the Privacy Policy with their parent or guardian. Parents or legal guardians of a Child also agree to this Agreement on the Child's behalf. If you allow your Child to use an Account or Platform, you're responsible for their actions, authorized or not
1.1.3 When you create or update an Account, you must:
1.1.3.1 Provide accurate personal information, including your email.
1.1.3.2 Choose a unique username and password ("Login Information"). Your real name can't be your password, and you can't share the Account or Login Information unless the Agreement allows it.
1.1.3.3 Follow specific rules for the username:
1.1.4 You must maintain the confidentiality of the Login Information. You're responsible for all Account uses. If you become aware of or reasonably suspect any break of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Quartzified through (quartzified.games+security@gmail.com).
1.1.5 Your interactions on the Platform follow Quartzified's Code(s) of Conduct (the "Codes of Conduct") and in-game policies (the "In-game Policies"). These are incorporated into this Agreement. Violations may lead to penalties on your Quartzified Account.
Article No. 2 : Pre-Loaded Software
2.1 The Platform may contain additional software that required you to agree to additional terms prior to your use thereof ("Additional Software").
2.1.1 Installation. You agree that Quartzified may install additional Software on your hard drive as part of the installation of the Platform, and from time to time during the term of this Agreement.
2.1.2 You may make one (1) copy of the Additional Software for archival purposes only.
Article No. 3 : Consent to Monitor
3.1 Certain Games may include a tool that will allow your computer system to forward information to Quartzified in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Quartzified receiving and/or using this data.
Article No. 4 : Limited Warranty
4.1 Warranty Disclaimer:
To the fullest extent permitted by applicable law, the Platform, Accounts, and the Game(s) are provided on an "as is" and "as available" basis for use. There is no warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted or error-free use, fitness for a particular purpose, noninfringement, title, and those arising from the course of dealing or usage of trade. The entire risk arising out of the use or performance of the Platform and the Game(s) remains with the user.
4.2 Applicable Law:
This warranty disclaimer is subject to the fullest extent allowed by applicable law. Users should carefully review their rights under local laws as they may vary.
Article No. 5 : Limitations of Liability
5.1 To the fullest extent allowed by applicable law, Quartzified shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the platform or Account(s).
Article No. 6 : Indemnity
6.1 You hereby agree to defence and indemnify Quartzified against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Quartzified arising out of or from any violation by you of this Agreement or your misuse of the Platform or Account(s), or of any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, and this Agreement.
Article No. 7 : Equitable Remedies
7.1 You agree that Quartzified would be irreparably damage if the terms of this Agreement were not specified followed and enforced. In such an event, you agree that Quartzified shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Quartzified will not limit its ability to receive remedies that are otherwise available to Quartzified under applicable laws.
Article No. 8 : Alterations
8.1 Alterations to the Agreement.
8.1.1 Quartzified may create updated versions of this Agreement (each a "New Agreement") as its business and the law evolve.
8.1.2 This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively and cannot alter the process for resolving a Dispute between Quartzified once you have notified Quartzified of a Dispute. If you do not wish to be bound by a new Agreement, you must immediately cease using, and uninstall, the Platform and all Games. Your continued use of your Account, the Platform, and/or the Games after Quartzified has published a New Agreement constitutes acceptance by you of the New Agreement.
8.2 Alterations to the Platform and Availability:
Quartzified may change, modify, suspend, or discontinue any aspect of the Platform, Games, or Accounts at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. Quartzified may also impost limits on certain features or restrict your access to parts or all of the Platform, Games, or Accounts without notice or liability. Except as otherwise set forth herein, Quartzified does not guarantee that any particular Platform, Game, or Account, or any particular features or components thereof, will be available at all times, at any given time, or in all countries and/or geographic locations, or that Quartzified will continue to offer the Platform, Game, or Account, or all features or components thereof, for any particular length of time. Availability is subject to change at any time, although we will endeavour to use reasonable commercial efforts to provide your prior notice, unless the discontinuance arises from a matter that is beyond Quartzified's control or causes the provision of such advance notice not be possible or feasible.
Article No. 9 : Term and Termination
9.1 Term
This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occurs, as long as you continue using the Platform. In the event that Quartzified chooses to cease providing the Platform, or license to a third party the right to provide the Platform, Quartzified shall use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Quartzified's control or causes the provision of such advance notice not to be possible or feasible. Neither the Platform nor Quartzified's agreement to provide access to the Platform shall be considered a rental or lease of time on the capacity of Quartzified's servers or other technology.
9.2 Termination
9.2.1 You may terminate this Agreement at any time by simply discontinuing the usage of the Service and by uninstalling the Platform and the Games.
9.2.2 Quartzified reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purpose of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of a minor violations of these rules, Quartzified may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
9.2.3 In the event of a termination of this Agreement, you will not be able to use the Platform.
Article No. 10 : General
10.1 These Terms shall be governed and construed in accordance with the laws of Bavaria, Germany, without regard to its conflict of law provisions.
10.2 Quartzified's failure to enforce a provision of this Agreement will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
10.3 This Agreement, along with Quartzified's other applicable agreements located on the Quartzified's Agreement page, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes and prior or written agreements.