Broke Protocol Game EULA
You should carefully read the following End User License Agreement before using this software. This software program and any and all copies and derivative works of such software program and materials ("Program") are copyrighted work. All use of the Program is governed by copyright law and by the terms of the End User License Agreement, which is provided below ("License"). By using the Program you agree to be legally bound by the terms of this license agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License is expressly prohibited. If you do not agree to the terms of this Agreement, do not install or use the Program.
All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, objects, characters, artwork, animations, audio, audiovisual effects, methods of operation, and addons incorporated into the Program) are owned by Cylinder Studios (the Licensor) or its licensors. The Program is protected by United States copyright laws, international copyright treaties and conventions, and any other applicable laws. All rights are reserved.
- Limited Use of License
The Licensor hereby grants, and by installing the Program you thereby accept, a restricted, non-exclusive license and right to install and use one (1) copy of the Program for your personal use. The Program is licensed, not sold. Your license confers no title or ownership in the Program.
- End User's Obligations
- As a Subject to the Grant of License herein above, you may not, in whole or in part, copy, duplicate, reproduce, translate, reverse-engineer, modify, disassemble, decompile, derive source code, create derivative works based on the Program, remove any proprietary notices or labels from the Program or otherwise modify the Program without the prior written consent of the Licensor.
- You are entitled to install, host, and use the Program, but you are not entitled to:
- Sell or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others
- Publish and/or distribute the Program or any of its parts
- Exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cybercafe, computer gaming centre, computer aided training center or any other location-based site where multiple users may access the Program
The Program allows Licensor to host Program game servers for public or private use (“Server”). Servers may create communities and provide custom content in the form of different Mods, settings, rulesets, and gameplay elements. Servers must not:
- Circumvent any anti-piracy measures nor enable access to stolen Intellectual Property
- Sell privileges or content for an exorbitant fee
- Charge for anything resembling administrator powers
- Undermine or attempt to circumvent any provisions of this license
- User-Generated Content
If you've bought the Program, you may create or run modifications, maps, plugins, or tools (“Mods”). Mods are welcome but may not be distributed nor hosted on Servers if they are:
- Unoriginal, stolen, or contain a substantial part of copyrightable code or content
- Offensive, racist, homophobic, sexist, slanderous, or otherwise illegal
- Charged for an exorbitant fee
- Provide an unfair advantage to users
This License is effective until terminated. You may terminate the License at any time by destroying the Program and any Collateral Material. The Licensor may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any associated content or Mods.
- Limited Warranty
The Licensor expressly disclaims any warranty for the Program. The Program is provided "as is" without warranties of any kind, either expressed or implied, including, without limitation to, the implied warranty of merchantability, fitness for a particular purpose or non-infringement. The entire risk arising out of the use or performance of the Program remains with you.
- Limitation of Liability
Neither the Licensor, its parent, subsidiaries, affiliates or licensors shall be liable in any way for loss or damage of any kind resulting from the use of the program, including but not limited to loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
The License shall be deemed to have been made and executed in the United States, and any dispute arising hereunder shall be resolved in accordance with the United States law. You hereby acknowledge that you have read and understand the foregoing License and agree that the action of installing the Program is an acknowledgment of your agreement to be bound by the terms and conditions of the License contained herein. You also acknowledge and agree that this License is the complete and exclusive statement of the agreement between the Licensor and you.
Broke Protocol Affiliate Program Terms of Service
By signing up to be an Affiliate in the Broke Protocol Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Broke Protocol reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must have a valid PayPal account to be an Affiliate.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Broke Protocol cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Broke Protocol product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Broke Protocol. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Broke Protocol. You must ensure that each of the links between your site and the Broke Protocol properly utilizes such special link formats. Links to the Broke Protocol placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a Broke Protocol product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://brokeprotocol.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you've earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
As long as your current affiliate earning are over $20, you'll be paid each month. If you haven't earned $20 since your last payment, we'll pay you the following monht after you've crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://brokeprotocol.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Broke Protocol reserves the right to end the Program at any time. Upon program termination, Broke Protocol will pay any outstanding earnings accrued above $20.
Broke Protocol, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Broke Protocol service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Broke Protocol reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Broke Protocol will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Broke Protocol to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Broke Protocol and govern your use of the Service, superseding any prior agreements between you and Broke Protocol (including, but not limited to, any prior versions of the Terms of Service).