Zuko Media Terms of Service

Zuko Media LLC ("Zuko Media") is an Alabama, USA limited liability company headquartered at 600 Boulevard South SW, Suite 104A, Huntsville, AL, 35802, United States of America. These Terms of Service ("Agreement") cover the terms and conditions under which we offer you access to use our games, apps, products, websites, and other services (the "Services") and your Account (as explained in Section 1.2 below). This Agreement is a legal contract between you and Zuko Media. By accessing our Services, you are agreeing to be bound by the terms of this Agreement.

Nothing in this Agreement is intended to limit or exclude your rights under any mandatory consumer laws in your jurisdiction of residence. If you do not agree to all the terms in this Agreement, you are not permitted to use the Services or to create an Account.

1. Your Use of the Services

1.1. Age Restrictions and Legal Responsibility

As used in this Agreement, "you" or "your" means the individual user interacting with our Services, or if such user is below the minimum legal age of adulthood in their country of residence ("Minor"), the user's parent or legal guardian entering into this Agreement on their behalf. Minors must ask their parent or guardian to review and explain this Agreement to them, and to agree to this Agreement on their behalf. If you accept this Agreement on behalf of a Minor, you should supervise the Minor's use of the Services, including any Virtual Items or Account used by that Minor. If you are the parent or guardian of a Minor and you agreed to this Agreement on their behalf, you agree that you will be responsible for all uses of the Services or Accounts, by that Minor whether or not such uses were explicitly authorized by you. You are legally and financially responsible for all of your actions while using or accessing the Services, including the actions of anyone you allow to access the Services or your Account.

2. Your Limited License

2.1. We Reserve All Rights to our IP

We, and our licensors, own and reserve all rights, title, and interest in and to the Services, including all: (1) information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, animation, concepts, audio-visual effects, interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services or your Account, and all other copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including ours; and (3) other forms of intellectual property (all of the foregoing, collectively "Content").

2.2. License to Use the Services

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal enjoyment, and for the production, creation, and (where expressly permitted by Section 4) commercial release of your own original works. The Services, including the Content, are licensed, not sold. This license is personal to you only and does not give you any ownership rights in any of the Services or to any of their features or Content. For clarity, this Section 2.2 does not limit your ownership of Your User Content, which is governed by Section 4.

2.3. Restrictions

Except as expressly permitted by Section 4, the limited license granted in this Agreement does not give you any right to, and you may not, sell, copy (except under applicable legal exceptions such as the "private copy" exception under applicable law), loan, lease, distribute, disassemble, decompile, decrypt, hack, derive source code from, reverse engineer (except where permitted under applicable legal exceptions), modify, create derivative works, commercialize, or otherwise exploit the Services (including the Content) unless subject to separate, express written terms provided by Zuko Media permitting such conduct. Without limiting the foregoing, nothing in the limited license granted in this Agreement authorizes the use of the Services (including the Content) in any manner to develop, train, enhance, or provide source material for, or promote, any Generative AI Tools; and any such uses are hereby explicitly prohibited. "Generative AI Tools" means any tool or computer program that uses algorithms or technology commonly known as artificial intelligence or machine learning to create or generate content such as, but not limited to, software code, written text, still or moving images, musical works, human voice emulation, audio material, or other creative works based on text, image, sound prompts, or other inputs.

2.4. Legal Effect

This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country don't permit it to do so.

3. Modifications to this Agreement

We reserve the right to modify this Agreement, in whole or in part, at any time. If you do not wish to agree to the modified Agreement, you may terminate your use of the Services. If you do not agree to the modified Agreement, you may also lose access to the Services once the modified Agreement takes effect. If we materially modify this Agreement, we will try to notify you of any such modifications, and of the consequences of not accepting the modified Agreement, in advance of the modified Agreement taking effect. By actively accepting the modified Agreement, or by continuing to use the Services after the modified Agreement becomes effective, you agree to be bound by the modified terms of this Agreement.

4. User Content

4.1. User Content Definition

"User Content" means all digital content or communications that you create, produce, upload, or distribute via or using the Services, including but not limited to: original audio compositions, recordings, mixes, stems, audio exports, and audiovisual recordings (including in-game video, screenshots, gameplay clips, and livestreams); text, posts, code, scripts, textures, models, maps, files, or other assets or documents; and any feedback or suggestions related to the Services. User Content includes content you produce using our tools, editing software, in-game functionality, or other features provided by us ("Our Tools"). You are solely responsible for the User Content that you create, produce, upload, or distribute via or using the Services ("Your User Content") and you hereby represent to us that Your User Content will not violate this Agreement, including without limitation the terms of Section 5.

4.2. Your Ownership of User Content

As between you and Zuko Media, you retain all rights, title, and interest in and to Your User Content that you would otherwise hold under applicable law, including any copyright or other intellectual property interest. Zuko Media does not claim ownership of Your User Content. For the avoidance of doubt, this Section 4.2 does not transfer, diminish, or affect Zuko Media's ownership of the Content (as defined in Section 2.1), including but not limited to all in-game samples, loops, stems, audio assets, visual assets, source code, algorithms, and other intellectual property comprising the Services. Your ownership of Your User Content extends only to the original elements you contribute and does not grant you any rights in or to the Content itself, except as expressly licensed to you under Section 4.5.

4.3. Operational License to Zuko Media

In exchange for the Services and the licenses granted to you in this Agreement, you grant Zuko Media a non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, transmit, publicly display, publicly perform, and communicate Your User Content solely as necessary to: (a) operate the Services (including by making Your User Content available to you and, where you have chosen to share it via the Services, to other users of the Services); (b) back up, encode, transcode, or otherwise adapt Your User Content as technically necessary to deliver the Services; (c) moderate, modify, suppress, take-down, or remove Your User Content in accordance with this Agreement; and (d) enforce or defend this Agreement, comply with legal obligations, or respond to legal process. This operational license terminates with respect to a particular item of Your User Content when you delete it from the Services, except to the extent: (i) it has already been shared with or copied by other users in accordance with the Services; (ii) we are required by law or our retention policy to keep it; or (iii) retention is reasonably necessary for backup, security, or legal purposes.

4.4. Promotional License to Zuko Media

You additionally grant Zuko Media a non-exclusive, worldwide, royalty-free license to reproduce, publicly display, publicly perform, distribute, and communicate Your User Content for the purpose of promoting, marketing, or advertising the Services, including in trailers, social media posts, store pages, screenshots, press materials, and similar marketing materials. When Zuko Media exercises this promotional license, it will use commercially reasonable efforts to credit you using the creator name associated with your Account.

4.5. Commercial Release of Audio and Audiovisual Exports

Notwithstanding Sections 2.2, 2.3, and 5.1(3), Zuko Media grants you a worldwide, royalty-free, perpetual, non-exclusive license to use, reproduce, distribute, publicly perform, publicly display, communicate, and commercially exploit (including via streaming platforms, video platforms, and other distribution channels such as Spotify, Apple Music, YouTube, TikTok, Bandcamp, and similar services) any audio export or audiovisual recording you produce within the Services (an "Export"), and to retain one hundred percent (100%) of any revenue or royalties generated from such Export, with no royalty, fee, or other payment owed to Zuko Media, provided that all of the following conditions are met:

1. Every audio sample, loop, stem, or other audio clip embedded in the Export is either (a) a sample, loop, or stem that is expressly designated within the Services as a "Royalty-Free Sample", or (b) audio that you have imported into the Services and that you own, or for which you have obtained all necessary rights, licenses, consents, and permissions to use, reproduce, distribute, and commercially exploit (and which you self-certify within the Services at the time of import);
2. The Export does not contain any audio sample, loop, stem, or other audio clip that is part of the Content and that is not designated as a Royalty-Free Sample; and
3. Your conduct otherwise complies with this Agreement, including Section 5 and Section 4.6.

The Services are designed to prevent the export of any production that contains non-cleared content for the purposes described in this Section 4.5. You agree not to circumvent, disable, tamper with, or attempt to bypass any such enforcement mechanism. Any Export produced or distributed in circumvention of these mechanisms is not authorized by, and is not covered by the license in, this Section 4.5.

4.6. Prohibited Distribution of Samples and Assets

Notwithstanding Section 4.5 or anything else in this Agreement, and as a condition of the license granted in Section 4.5, you agree that you will not:

1. distribute, sell, license, sublicense, share, or otherwise make available any Royalty-Free Sample, sample, loop, stem, audio asset, visual asset, or other element of the Content as a standalone file or as part of a sample pack, sound library, loop pack, stem pack, preset pack, asset pack, or any similar collection;
2. extract, isolate, rip, repackage, or otherwise separate any Royalty-Free Sample or other element of the Content from the Services for the purpose of distribution outside of an Export of a complete musical composition or audiovisual work;
3. sell, sublicense, or otherwise commercially distribute any Royalty-Free Sample or other element of the Content except as embedded within a complete musical composition or audiovisual work in an Export under Section 4.5; or
4. represent or imply that any Royalty-Free Sample or other element of the Content is your own original creation.

For clarity: the license in Section 4.5 permits the commercial release of complete musical works and audiovisual recordings that embed Royalty-Free Samples; it does NOT permit the commercial distribution, resale, or repackaging of the Royalty-Free Samples or any other element of the Content as samples, loops, stems, or other discrete assets.

4.7. Representations Regarding Exports

You represent and warrant that: (a) you own or have obtained all rights, licenses, consents, and permissions necessary for Your User Content (including any audio you import into the Services) to be used as contemplated by this Agreement and to be embedded in any Export you commercially release under Section 4.5; (b) any commercial release made under Section 4.5 complies with the conditions of that Section; and (c) Your User Content and any Export does not violate or infringe the rights of any third party.

4.8. Attribution

Zuko Media requests, but does not require, that you credit Mix Universe and/or Zuko Media in connection with any commercially released Export (for example, "Made with Mix Universe"). Such attribution is encouraged but is not a condition of the license granted in Section 4.5.

4.9. Example

As an example, in the Zuko Media game Mix Universe, a player may combine in-game samples designated as Royalty-Free Samples with audio they themselves own (and have self-certified at import) to create an original musical composition. As between the player and Zuko Media, the player owns the resulting composition and Export. Under Section 4.5, the player may upload the Export to Spotify, Apple Music, YouTube, TikTok, Bandcamp, or other distribution platforms and retain all revenue and royalties earned, with no royalty or fee owed to Zuko Media. Under Section 4.6, however, the player may NOT extract the underlying Royalty-Free Samples for sale as a separate sample pack or sound library, and may NOT release any Export that contains samples designated within Mix Universe as non-cleared. To the extent this example conflicts with Sections 4.1 through 4.8, the foregoing sections shall govern.

5. User Rules

In this Section 5, "User Material" means Your User Content.

5.1. No Illegal Conduct or Unauthorized Commercial Exploitation

You agree that:

1. You will only use the Services for lawful purposes, in compliance with applicable laws.
2. You will not use the Services in connection with any wager of any money or other thing of value unless subject to separate, express written terms provided by Zuko Media permitting such conduct.
3. Except as expressly permitted by Section 4 (which authorizes the commercial release of Exports under defined conditions), you will use the Services for your own personal, non-commercial use. Except as expressly permitted by Section 4 or subject to separate, express written terms provided by Zuko Media, you will not commercially exploit the Services. This includes participating in, enabling, or encouraging the collection, sale, or exchange of anything from or via the Services that is not explicitly authorized by Zuko Media (including, without limitation, any distribution prohibited by Section 4.6), or facilitating, creating, or maintaining any unauthorized connection to the Services (including any unauthorized server that modifies, emulates, or otherwise connects to any of the Services).

5.2. Respect Intellectual Property

You agree that you will not use the Services to create, upload, or distribute any User Material that infringes any third party's copyright, trademark, or other intellectual property rights or otherwise violates the terms of Section 5.

5.3. Code of Conduct

You agree that:

1. You will not use exploits or illegal or unauthorized means to interfere with or adversely impact any other user's ability to use the Services as intended; to gain unfair gameplay advantage; or to gain access to other Content to which you do not have valid entitlement. This includes the use of cheats or so-called "mod menus", unauthorized mods, hacks, glitches, or any other technical exploits, and phishing, scamming, or social engineering.
2. You will not use the Services to create, upload, or distribute any User Material that violates or invades another person's privacy. This includes "doxing" i.e. sharing or threatening to share information to embarrass, intimidate, harm, or harass another person.
3. You will not use the Services to engage in fraud, or to create, upload, or distribute any User Material that is knowingly or intentionally misleading, false, or fraudulent. You will not use the Services to engage in "spam," i.e. repeatedly or periodically misuse a communication channel in a way that disrupts or interferes with the operations of the Services, advertises any third-party product or service, or adversely impacts any other user's ability to use the Services as intended.
4. You will not use the Services to create, upload, or distribute User Material that contains actual or shockingly realistic depictions or descriptions of gore, excessive violence, torture, or animal cruelty. This includes all depictions of such content, regardless of whether the User Material is real or manipulated media, animation, computer-generated imagery, or other digital creation.
5. You will not use the Services to create, upload, or distribute User Material or engage in conduct that is abusive, bullying, harassing, or is reasonably understood to be a physical or verbal threat against another person. This includes User Material that is defamatory and conduct such as camping, griefing, stream sniping, swatting, or other abusive in-game behavior.
6. You will not use the Services to create, upload, or distribute any User Material or engage in conduct that is pornographic, obscene, or sexually harassing. This includes distributing unsolicited or unwanted sexually suggestive User Material; engaging in unsolicited or unwanted sexualization of another person; making threats or attacks based on another person's actual, perceived, or supposed sexuality or sexual activity; or the unauthorized sharing of another's intimate or sexually explicit content without their consent (i.e. "revenge porn").
7. You will not use the Services to create, upload, or distribute any User Material or engage in conduct that depicts, promotes, or attempts to normalize, encourage, or knowingly result in the sexual abuse of minors. This includes User Material that in any way sexualizes Minors, including real or manipulated media, animation, computer-generated imagery, or other digital creation; engaging or attempting to engage in sexually suggestive or explicit communication with a Minor; and soliciting sexually suggestive or explicit User Content from, or sharing sexually suggestive or explicit User Material with, a Minor.
8. You will not use the Services to create, upload, or distribute User Material or engage in conduct that constitutes hate speech or behavior, which we define to be any form of expression that is reasonably understood to attack or promote hatred or violence against an individual or group based on any of the following characteristics: age; color or race; disability; ethnicity; gender or gender identity; national origin or immigration status; religious affiliation; sex or sexual orientation; military service; socioeconomic class, status, or caste; or weight, size, or body type.
9. You will not use the Services to create, upload, or distribute User Material or engage in conduct that depicts, promotes, or supports violent extremism or terrorism. This includes any User Material or conduct which is reasonably understood as endorsing or supporting extremist violence or the perpetrators of such acts; and promoting extremist ideologies or conspiracy theories that encourage or incite violence against others.
10. You will follow any additional rules set out in the individual Community Standards that may apply to your use of specific games, apps, products, or websites within the Services, all of which are incorporated herein by reference.
11. In addition to the foregoing, you will not use the Services to: create, upload, or distribute any other User Material, or engage in any other conduct, that is or promotes anything illegal, harmful, or that we otherwise deem to be inappropriate for the relevant Services; or attempt or conspire to commit any of the violations specified in this Section 5.

5.4. No Technical Exploits

You agree that:

1. You will not use IP proxying or other methods to disguise your location or place of residence. This includes circumventing geographical restrictions on access to Content, access controls, or technical protective measures; or engaging in activities that are unlawful based on applicable local law.
2. You will not, unless subject to separate, express written terms provided by Zuko Media, use the Services via, or copy any Content to, a remote server, virtual PC, or other system or network including, without limitation, one that enables (or purports to enable) such Services or Content to be downloaded or streamed to one or more separate internet-enabled devices.
3. You will not use, promote, or make available any bug, glitch, exploit, cheat, "mod menu," hack, script, bot, unauthorized mod, or other methods that interact with the Services resulting in a breach this Agreement. This includes any such methods that to collect information or user data; exploit system vulnerabilities; circumvent content moderation or filtering systems; or otherwise intercept, redirect, or interfere with the operation of the Services as intended.
4. Except as expressly permitted by Section 4 (which authorizes you to produce and release Exports that may embed Royalty-Free Samples), you will not reverse engineer, decompile, or disassemble (except where permitted under applicable law), display, perform, prepare derivative works based on, or otherwise modify the Services, in whole or in part, without our explicit prior written consent.
5. You will not use the Services to distribute, upload, or transmit any software, scripts, code, or other information (including, but not limited to, any virus, worm, timebot, cancelbot, trojan horse, hacks, or other harmful code) to modify or alter the Services in any unauthorized way, or to transmit such information.

5.5. Supporting or Encouraging Violations

You agree that you will not provide User Material support to another user's violation or attempted violation of this Agreement. This includes providing financial support; know-how, expertise, or other assistance; or repeated encouragement to engage in conduct that violates this Agreement.

6. Content Moderation; Reporting Harmful or Illegal Content

In this Section 6, "User Material" means all User Content.

6.1. Moderation

We reserve the right to moderate the use of the Services for a variety of different purposes, including to: prevent cheating and hacking; detect, modify, take-down, suppress, block, hide, remove, or delete illegal or harmful User Material; ensure your compliance with this Agreement; enforce the terms of this Agreement; and improve the Services. We have no obligation to host, maintain, support, or distribute User Material. We reserve the right to modify, take-down, suppress, block, hide, remove, or delete any or all User Material, and report any illegal User Material and any related user information to the appropriate authorities. We have not necessarily reviewed and are not obligated to actively monitor any User Material that may be available via the Services. We do not confirm the security, quality, or originality of any User Material, and the User Material available on the Services does not represent the views of Zuko Media or its management, employees, or any other person associated with us.

6.2. Use of Automated Systems

The Services may employ moderation and filtering systems, such as automated word filters and content or symbol-recognition software, which are intended to prevent or cease the distribution of User Material that violates this Agreement. The features and tools described above may incorporate algorithms, artificial intelligence, machine learning, or other automated systems to help us accomplish the purposes described in Sections 5 and 6 at the scale and scope needed to effectively maintain the Services for our users. Moderation and filtering systems may vary among Services, including based on the Content, age rating, or target audience of a particular Service.

More information on how we monitor and collect data regarding the use of the Services can be found in our Privacy Policy. For more information about reporting violations of our policies, please visit Customer Support.

7. DMCA and Take-Down Requests

7.1. Notice of Copyright or Trademark Infringement

We respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that any Content, User Content, or other aspect of the Services constitutes copyright infringement or misappropriation of your trademark, please submit a notice of alleged infringement to our designated agent with the following written information:

1. Your name, address, telephone number, and email address;
2. A detailed description of the copyrighted work that you claim has been infringed;
3. The URL or a detailed description of where the material that you claim is infringing is located;
4. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
5. Your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
6. A physical or electronic signature of owner of the copyright at issue or person authorized to act on their behalf.

Our designated agent contact information is:

Please note that under the DMCA, you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

8. Availability, Updates, and Features

8.1. Availability

Specific Services or Content may be offered or remain available to you for a limited time. Availability of specific Services or Content may vary depending on your region or device. If you change regions, without prejudice to our portability obligations under applicable law, you may need to re-acquire or re-purchase certain Services or Content acquired in your previous region. Similarly, if you change regions, you may no longer be able to access certain Services or Content that you were able to access in your previous region if such Services or Content are prohibited by the applicable laws of your new region. Specific Services may be offered as part of a playtest, early access release, or other similar offering (an "In-Development Service"). You acknowledge that such In-Development Services are not complete and may not necessarily change further or proceed to final commercial release, and that any Content associated with such In-Development Services may only be available for a limited time. We do not guarantee that we will indefinitely support the version of the operating system or device for which you licensed, obtained, or purchased any part of the Services, unless we have made claims regarding compatibility.

8.2. Updates, Modifications, and Sunset

We may provide patches, updates, or upgrades to the Services or Content that may be required for you to continue using the Services, including automatic or "in the background" updates without notice to you. Such updates are subject to this Agreement unless other terms are presented with the updates, in which case, those other terms apply. We are not obligated to make any updates available. We may modify, alter, or suspend, or sunset, or terminate (whether in whole in part) any of our Services for a valid reason. Valid reasons include, without limitation: improvement of our Services or Content (such as offering new features or enhancing the safety or security of our users or third parties); changes necessary for game balance, to fix bugs, or to prevent or counter exploits; changes due to new technical requirements or an increased or decreased number of users; changes resulting from our investigation of or efforts to enforce against breaches of this Agreement; changes to, or termination of, agreements or licenses we have with third-parties; interruption or termination of third-party services or features that are part of, connected with, or a dependency of our Services or Content; changes due to specific and verifiable open market costs; or other material, legal, regulatory, or security reasons.

8.3. Third Party Services

Through the Services, you may have the option to access or enable content, software, apps, products, websites, platforms, functionality, and services operated by third parties that are not part of Zuko Media or otherwise under our control ("Third Party Services"). If you choose to access, transact with, enable, or otherwise interact with any such Third Party Services, you understand that you are directing the applicable third party entity to make such Third Party Services available to you. You are responsible for your dealings with third parties. When you use our Services to access Third Party Services, any applicable usage terms associated with the Third Party Services will govern your use of that Third Party Service. We do not endorse any Third Party Services made available or marketed on or through the Services. We do not license any intellectual property rights to you as part of any Third Party Services, and we are not responsible or liable to you or others for any Third Party Services or for the results, information, content, or interactions you may encounter while using them. Any concerns you have regarding such Third Party Services must be directed to the provider of such Third Party Services.

8.4. Internet-Based Services

The Services may require a connection to the internet via a wireless or cellular network and, as a result, may therefore receive certain information about the device, system, or software you used to connect to the Services. Any such information is collected and used by us in accordance with our Privacy Policy. You are solely responsible for the maintenance and reliability of your internet connection at your own cost and for any network usage fees which may arise from your access to the Services.

8.5. Third Party Advertising

Some of the Services may include advertisements for, or links to, third party websites, content, goods, promotions, or services ("Third Party Advertising"). We are not responsible for, nor control the content of, any Third Party Advertising, and the inclusion of such Third Party Advertising in the Services does not mean that we either endorse or approve of such Third Party Advertising or the websites, content, goods, promotions, services, or business practices of the third party providers of such Third Party Advertising.

9. Your Responsibilities to Us

You agree to defend, indemnify and hold harmless Zuko Media from and against any and all direct liabilities, damages, losses arising out of or in connection with: (1) your breach of this Agreement; (2) any information or content provided by you that infringes the rights of a third party when used by us in accordance with this Agreement; and (3) your unlawful acts or omissions. We can assist, at our own expense, in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with us, and we will take reasonable steps to mitigate our losses. However, you are not required to indemnify Zuko Media in respect of any liabilities, damages or losses arising out of or in connection with the negligent acts or omissions, fraud, or willful misconduct by Zuko Media, Zuko Media's officer's employees, contractors or agents, or to the extent you are not responsible for the breach.

You are solely responsible for any third party costs you incur to use the Services.

10. Termination

10.1. By You

You may terminate this Agreement at any time by (1) stopping your use of the Services; and (2) destroying or deleting all copies of any materials or software in your possession.

10.2. By Zuko Media

For any Services provided to you for an indefinite period of time, we have the right to terminate this Agreement and your access to the Services or cease providing such Services, at any time for any reason in our sole discretion. If we have reasonable means to contact you and where practicable, we will try to inform you reasonably in advance of any such termination or cessation of Services taking effect. Where it is not practicable to inform you in advance, we will try to inform you promptly afterwards. If your habitual residency is in Germany, the right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

10.3. Termination for Breach

We may immediately terminate or suspend your right to access any aspect of the Services if you: breach this Agreement; use the Services fraudulently, illegally or in any manner other than for its intended purposes; initiate any adverse proceeding against us; or if we are under a legal obligation to do so. If we decide to terminate or suspend your right to access some or all of the Services, we will try to inform you in advance of such termination or suspension unless the action is taken under a legal obligation that does not require us to inform you or if it is not practicable for us to do so.

10.4. Effect of Termination on License

You acknowledge and agree that if this Agreement is terminated (or we end your right to access any of the Services in accordance with the terms of this Agreement), the licenses granted to you under this Agreement (or in respect of such Services) shall immediately terminate, EXCEPT that the license granted to you in Section 4.5 (Commercial Release of Audio and Audiovisual Exports) with respect to Exports you produced and made available outside the Services prior to such termination shall survive and remain in full force and effect, subject to your continued compliance with Sections 4.6 and 4.7. For clarity, after termination you will no longer be able to produce new Exports via the Services, but you may continue to use, distribute, and commercially exploit pre-existing Exports in accordance with Section 4.5.

11. Photosensitive Seizure Warning

A very small percentage of individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games. Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity. If you or anyone in your family have an epileptic or photosensitivity condition, please consult your physician before playing any of our video games.

If you experience any of the following symptoms while playing any of our video games, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

12. Miscellaneous

12.1. General

This Agreement, together with any documents or policies linked to herein, is the entire agreement between you and us for your use of the Services. It supersedes any prior written agreements between you and us regarding your use of the same. You agree that we may assign this Agreement, in whole or in part, at any time. You may not assign your rights or transfer your obligations under this Agreement or transfer any rights to use the Services. If your habitual residence is in Germany, the preceding sentence does not apply to any monetary claims you may have against us which arise from this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall either be reformed only to the extent necessary to make it enforceable or removed from the Agreement entirely and the remaining provisions of this Agreement shall remain effective. Sections 1, 2.1, 2.2, 2.3, 4 (User Content) (including without limitation the license granted to you in Section 4.5, which is expressly perpetual and survives termination as further described in Section 10.4), 5, 6, 8 through 10, 12 through 14, and those that by their nature apply after this Agreement ends will survive any termination or cancellation of this Agreement. Either party may disclose information related to this Agreement or use of the Services as necessary to satisfy any law, regulation, legal process, or governmental request.

12.2. Export Laws

You must comply with all applicable domestic and international export laws and regulations (which may be amended from time to time) that apply to the Services, which include restrictions on destinations, users, and use. You agree not to use, export, re-export, download, or otherwise transfer any part of the Services into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons list and other sanctions lists administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of an embargoed country and that you are not a Specifically Designated National or Blocked Person.

13. Contact Us

If you have any questions or concerns about the Services or this Agreement, please visit Zuko Media's Contact Us and submit a request. Zuko Media's Contact Us provides a single point of contact for you to communicate with Zuko Media. We try to review and respond to all requests as soon as reasonably practicable.

14. Governing Law, Disputes, and Liability

14.1. Governing Law and Jurisdiction

This Agreement shall be governed by, and construed under, the laws of the state of Alabama in the country of the United States without regard to conflict of laws rules. The exclusive jurisdiction for all disputes will be the competent courts located in the Northern District of Alabama or any Alabama State Courts in the county of Madison, Alabama.

14.2. Limitations of Our Liability

IN NO EVENT SHALL ZUKO MEDIA BE LIABLE TO YOU FOR ANY INDIRECT LOSSES OR DAMAGES OR FOR ANY BREACH OF ITS OBLIGATIONS DUE TO A FORCE MAJEURE EVENT, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE ANY NON-EXCLUDABLE RIGHTS OR DAMAGES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR FRAUD, OR FOR DEATH OR ANY PERSONAL INJURY ARISING AS A RESULT OF OUR NEGLIGENCE.

If any applicable law provides that there is a guarantee in relation to any good or service supplied by us in connection with this Agreement, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then our liability for such failure is limited to (at our election), in the case of a supply of goods, us replacing the goods or supplying equivalent goods, repairing the goods, or providing you with a full or partial refund, or in the case of a supply of services, us supplying the services again, providing you with a refund for the unused portion or compensation for its reduced value.

14.3. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER ZUKO MEDIA, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. ZUKO MEDIA DOES NOT WARRANT THAT THE SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, ZUKO MEDIA DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY.

14.4. Limitations of Our Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZUKO MEDIA BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

In the event you have any basis for recovering damages arising from the Services or a breach of this Agreement, you agree that your exclusive remedy is limited to recovery of direct damages and the maximum liability is limited to the greater of USD $100 or the amount you have spent on the Services at issue in your claim in the 24 months preceding the date your claim arose.

The limitations and disclaimers in this Agreement do not purport to limit liability or alter your rights as a user that cannot be excluded or limited under applicable law.