Terms of Service and End User License Agreement
These Terms of Service and End User License Agreement (together, the "Agreement") are a legal agreement between you and Jay Blankenship ("Licensor", "we", "us") covering the browser game GAZA, its code, generated content, websites and multiplayer features (the "Game"). By selecting "I agree", or by accessing or playing the Game, you accept this Agreement. If you do not agree, do not use the Game.
1. Eligibility and content warning
You must be at least 18 years old, or the age of majority where you live if that is higher, to use the Game. The Game depicts war, air strikes, armed forces, and the injury and death of civilians, including children and families. It contains violence, loud explosions, flashing light and distressing themes. Do not play if you may find this harmful. You may stop at any time.
2. Nature of the work
The Game is a work of fiction and art. Its city, people, events and outcomes are procedurally generated by software. It is not a documentary, simulation of, or factual claim about any real event, person, military unit, government or organisation. Any resemblance to specific real persons or incidents is coincidental. The Game is intended to portray the civilian experience of war. It does not promote, endorse or incite violence, terrorism, or hatred against any people, nationality, ethnicity or religion. You agree not to use the Game, or anything you create with it, for any such purpose.
3. License
Subject to this Agreement, Licensor grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and play the Game in a web browser for your own non-commercial entertainment. You may not, and may not help anyone else to:
- copy, mirror, re-host, frame, sell, rent, lease, sublicense or distribute the Game or any part of it;
- modify the Game, make derivative works, or decompile, disassemble or reverse engineer it, except where applicable law expressly allows this despite this restriction;
- use cheats, bots, automation, exploits, or modified clients, or interfere with other players' connections, the signalling servers, or the Game's operation (including denial-of-service or flooding);
- remove or alter any copyright, trademark or other notice;
- scrape, harvest or collect other players' data, including network addresses;
- use the Game for any unlawful purpose, or in breach of any law or third-party right.
Viewing the Game's source in your browser is not a grant of any right to reuse it.
4. Ownership
The Game, including its source code, procedural generation systems, designs, text, audio and visual output, is owned by Licensor and protected by copyright and other laws. All rights not expressly granted are reserved. This Agreement is a license, not a sale. Third-party open-source components (for example three.js and PeerJS, under the MIT License) are licensed under their own terms, which are included with those components. Nothing here limits your rights under those licenses.
5. Multiplayer and peer-to-peer connections
Multiplayer works by connecting players' browsers directly to each other (WebRTC), with the help of a signalling server to introduce them. This means your IP address and connection details are visible to the other players in your session, and to the signalling and relay services used. One player's browser acts as the session "host". Sessions are not monitored in real time. You play with other people at your own risk, and Licensor is not responsible for the conduct of other players. You can play offline ("Play alone") to avoid peer-to-peer connections.
6. Conduct
You agree not to harass, threaten, impersonate, or abuse other players, not to send hateful, sexual, or illegal content through any feature of the Game, and not to disrupt other players' sessions. Licensor may block, remove, or refuse access to anyone who breaches this Agreement, without notice.
7. Health and safety
Photosensitivity warning: the Game contains flashes, explosions and rapidly changing light that may trigger seizures in people with photosensitive epilepsy. Stop playing immediately and consult a doctor if you experience dizziness, altered vision, twitching, disorientation or any involuntary movement. The Game can be loud; set your volume with care, especially with headphones. Take regular breaks. If the Game's themes cause you distress, stop playing and consider speaking to someone you trust or a local support service.
8. Availability and changes
The Game is provided free of charge and may change, be interrupted, lose saved progress, or be discontinued at any time without notice or liability. We may update this Agreement. The version number above will change, and you will be asked to accept the new version before playing again.
9. Disclaimer of warranties
THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE GAME WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, GOODWILL, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THE GAME OR THIS AGREEMENT, HOWEVER CAUSED AND EVEN IF ADVISED OF THEIR POSSIBILITY. LICENSOR'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED ONE HUNDRED US DOLLARS (US$100). Nothing in this Agreement limits liability that cannot be limited by law.
11. Indemnity
You agree to indemnify and hold harmless Licensor from any claim, loss, or expense (including reasonable legal fees) arising from your breach of this Agreement, your misuse of the Game, or your conduct toward other players.
12. Termination
This license ends automatically if you breach this Agreement, and Licensor may end it at any time. On termination you must stop using the Game. Sections 2, 4, and 9 to 14 survive termination.
13. Governing law
This Agreement is governed by the laws of the State of Illinois, United States of America, without regard to conflict-of-law rules, and the state and federal courts located in Illinois have exclusive jurisdiction, except where the consumer protection laws of your country of residence require otherwise.
14. General
This Agreement is the entire agreement between you and Licensor about the Game. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. You may not assign this Agreement. Licensor may assign it.
15. Contact
Questions about this Agreement: jayblankenship@outlook.com. See also the Privacy Notice.