CRAYTA TERMS OF SERVICE
ISSUED BY UNIT 2 GAMES LIMITED ("UNIT 2", or "we" or "us").
Last updated 12 May 2021
Welcome to Crayta! Crayta is a game platform where you can play games and work collaboratively with other members of the Crayta community to create, share, play and publish your own games, content and other interactive experiences.
Crayta is a creation of Unit 2 Games Limited, a company registered in England and Wales located at 2 Jephson Court, Tancred Close, Leamington Spa, Warwickshire, CV31 3RZ, United Kingdom ("we" or "us"). We have set out below, in these Terms of Service ("Terms"), the terms on which we make Crayta available to you.
1. APPLICABLE TERMS
1.1 By downloading or streaming Crayta (as defined in clause 4.1.1), visiting the Crayta website and/or using any element of Crayta, you agree to these Terms. If you do not agree to these Terms, please do not register an account with Crayta or use Crayta.
1.2 In addition to these Terms, your use of Crayta will be governed by:
1.2.1 our Crayta Community Guidelines;
1.2.2 depending on which platform you access Crayta from, either Google Stadia's terms, rules and policies, available at https://stadia.google.com/tos and https://policies.google.com/terms or the Epic Games Store's terms, rules and polciies, available at https://www.epicgames.com/store/en-US/eula and https://www.epicgames.com/site/en-US/community-rules; and
1.2.3 any other additional terms, policies or guidelines applicable to Crayta that we may give notice of to you.
2. AGE AND OPERATING REQUIREMENTS
2.1 You must be 13 or over to accept these Terms and to play Crayta.
2.2 Crayta can be accessed via a TV, laptop, desktop PC, mobile phone or certain other devices (handheld or otherwise) with video capabilities and access to the internet.
2.3 Crayta has not been developed to meet your individual requirements. Please check that the facilities and functions of Crayta (as described in these Terms and any supporting documentation and on Google Stadia or the Epic Games Store) meet your requirements.
3. ACCESSING AND PLAYING CRAYTA
3.1 Crayta is installed on Google Stadia's and the Epic Games Store's cloud-based servers and also uses servers operated by us. To access Crayta you need to log in (using your valid Google Stadia or Epic Games Store account, which must have permission to play Crayta) via any capable device.
3.2 If you download or stream Crayta onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
3.3 You may not transfer your account to someone else, whether for money, for anything else or for free.
3.4 If you have reason to believe that your account is no longer secure, another Crayta user asks you to disclose details about your account or another user gains access to your account or your account details then please notify both Google Stadia or the Epic Games Store (as applicable) and our customer support team at crayta.com/support or email@example.com.
4. GRANT OF LICENCE, UPDATES AND CHANGES
4.1 By downloading or streaming Crayta and agreeing to be bound by these Terms, we grant you a licence to:
(a) (to the extent we have made it available to you) the Crayta platform and software, the data supplied within that software and any updates or supplements to it;
(b) the related online or electronic guidance and other documentation relating to Crayta; and
(c) the online game play, game creation, game development and game streaming functionality which you connect to via the Google Stadia, the Epic Games Store and Crayta software and the content we provide to you through it,
referred to collectively as "Crayta";
4.1.2 use or stream Crayta via your personal devices (including on platforms such as YouTube) and view, use and display Crayta on such devices for your personal purposes only;
4.1.3 play games and/or enjoy experiences available on Crayta;
4.1.4 interact and work together with other users of Crayta;
4.1.5 use Crayta to create, develop, modify, change, make derivative works of and/or grant licences of all types of content, including but not limited to games and/or experiences (and all assets, characters, names and other items in such games and/or experiences), avatars and other characters, digital clothing and other digital assets for avatars and other characters, software, scripts, graphics, gameplay, game design, photos, images, artwork, music, video, sound, audiovisual combinations, reviews, text, models (2D, 3D or otherwise), interactive features, names, usernames, logos, game/experience passes, digital content, items or abilities for use in games/experiences and other materials, works, items or content (standalone or in combination) ("Content") and any such Content created, modified, changed or otherwise developed in Crayta by you or any other user shall be referred to as "User Generated Content" or "UGC";
4.1.6 use pre-existing Content made available by us within Crayta ("Creation Assets") to interact with the Crayta platform and/or create, develop and modify games in Crayta;
4.1.7 use our virtual currency ("Crayta Credits") to purchase assets, consumables and cosmetic items for your avatars and other characters in the Crayta Store;
4.1.8 use any documentation to support your permitted use of Crayta; and
4.1.9 receive and use any supplementary software code or update of Crayta incorporating "patches" and corrections of errors as we may provide to you.
4.2 Crayta is provided for general entertainment and educational purposes only. Crayta does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Crayta. Although we make reasonable efforts to update the information provided by Crayta, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
4.3 We recommend that you back up any account login data used in connection with Crayta, to protect yourself in case of any issues you may experience with Crayta.
Updates and Changes to Crayta
4.4 From time to time we may automatically update and/or change Crayta or make it temporarily unavailable in order to improve performance, enhance functionality, introduce new features, reflect changes to the operating system or address security issues.
5. Third Party Materials, Links and Services
5.1 Crayta may:
5.1.1 include Content, data, information or materials from third parties as advertising and promotional content; and/or
5.1.2 contain links or allow you to link to independent websites which are not provided by us (such as YouTube and social media platforms),
collectively referred to as "Third Party Content".
5.2 Such Third Party Content is not under our control, and we are not responsible for and have not checked and approved such Third Party Content or the privacy policies (if any) of the third parties providing such Third Party Content.
5.3 You will need to make your own independent judgement about whether to use any such Third Party Content, including whether to buy any products or services offered by them.
5.4 If you see any Third Party Content that appears to you to be inappropriate in any way, you can report such Third Party Content via the "Report a Game" section of the Help tab of the Settings menu within Crayta.
6. Licence Restrictions
6.1 You agree that you will::
6.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, Crayta in any form, in whole or in part to any person without prior written consent from us;
6.1.2 not copy Crayta, except as part of your permitted use of Crayta;
6.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of Crayta, permit Crayta or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use Crayta on devices as permitted in these terms;
6.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Crayta nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile Crayta to obtain the information necessary to create an independent program that can be operated with Crayta or with another program ("Permitted Objective"), and provided that the information obtained by you during such activities:
(a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(b) is not used to create any software that is substantially similar in its expression to Crayta;
(c) is kept secure; and
(d) is used only for the Permitted Objective; and
6.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Crayta.
6.2 You must:
6.2.1 comply with our Crayta Community Guidelines;
6.2.2 not use Crayta in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Crayta;
6.2.3 not infringe our intellectual property rights or those of any third party in relation to your use of Crayta, including by the submission of or inclusion of any material or Content (to the extent that such use is not licensed by these Terms);
6.2.4 not transmit or include any material that is defamatory, offensive or otherwise objectionable in relation to your use of Crayta;
6.2.5 not use Crayta in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
6.2.6 not collect or harvest any information or data from Crayta or our systems or attempt to decipher any transmissions to or from the Crayta servers.
7. Crayta Credits
7.1 In accordance with clause 4.1.7, you will be entitled to use Crayta Credits within Crayta to enhance your user experience.
7.2 You may purchase Crayta Credits from Google Stadia and the Epic Games Store. Your Crayta account will be credited with any Crayta Credits you purchase from Google Stadia or the Epic Games Store.
7.3 We, Google Stadia and the Epic Games Store shall set the value of Crayta Credits and you acknowledge that we may, from time to time, engage in actions which impact the perceived or acquired price of Crayta Credits, for example by running flash sales or offering discounts on bulk purchases of Crayta Credits.
7.4 Crayta Credits:
7.4.1 do not:
(a) have an equivalent value in real currency;
(b) act as a substitute for real currency;
(c) act as legal consideration under any contract; or
(d) earn interest;
7.4.2 are not redeemable or exchangeable for real currency, monetary value, or convertible virtual currency from us or any other third party; and
7.4.3 must not be transferred, assigned, gifted or otherwise exchanged except within Crayta in accordance with these Terms.
7.5 Transactions involving the use of Crayta Credits to purchase items within Crayta are not legally enforceable.
7.6 We reserve the right to impose additional provisions on the ways in which you and other users are able to use Crayta Credits within Crayta in the future.
7.7 At present, you are not able to use Crayta Credits to purchase UGC within games from other users. However, if this changes in the future we will update our Terms accordingly to reflect this.
8.1 When you use Crayta Credits to purchase digital assets, consumables and cosmetic items for your avatars and other characters in the Crayta Store, you will be making payment for those items directly to us. We will debit your Crayta account with the relevant number of Crayta Credits at the time of purchase.
8.2 You may reverse up to three purchases of items from the Crayta Store where you make a purchase by accident or you change your mind about a particular purchase. If you wish to reverse a fourth or subsequent purchase, then you will need to do this via the "Refund" section of the Help tab of the Settings menu within Crayta.
9. Intellectual Property Rights
9.1 In this clause 9, "Intellectual Property Rights" or "IPRs" shall mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
9.2 With the exception of UGC, all IPRs in Crayta itself (including but not limited to Creation Assets) belong to us (or our licensors) and the rights in Crayta are licensed (not sold) to you. You have no IPRs in, or to, Crayta, other than the right to use it in accordance with these Terms.
9.3 In respect of IPRs in any UGC which you create or develop:
9.3.1 (or help to create or develop) within another user's game or experience on Crayta ("Non-Owned UGC"), such IPRs will vest in the user in whose name the relevant game or experience was originally created or set up (the "Game Owner") and you therefore assign all IPRs in such Non-Owned UGC to the Game Owner;
9.3.2 (a) outside of Crayta which you subsequently import into Crayta; and/or (b) within your own game or experience in Crayta ("Owned UGC"), such IPRs will vest in you.
9.4 If you wish to make Owned UGC available for other users to use within their own games and experiences via the Community Content Browser, then you agree and acknowledge that by doing so you grant all other users a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to copy, modify and otherwise use such Owned UGC within their own games or experiences on Crayta.
9.5 You grant to us a fully paid-up, worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to copy, modify and otherwise use for our own purposes:
9.5.1 where you are a Game Owner, any and all Non-Owned UGC and all other IPRs in all games and/or experiences registered in your name; and
9.5.2 in all other circumstances, any and all Owned UGC vested in your name.
10.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Crayta may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
10.3 By using Crayta, you agree to us collecting and using technical information about the devices you use Crayta on and related software, hardware and peripherals to improve Crayta and how we provide Crayta to you.
11. Our Liability to You
11.1 Crayta is provided to you on an "as is" basis and all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
11.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failure to comply with these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. Subject to clause 11.3, our total aggregate liability to you shall not exceed an amount equal to the total sum you have spent within Crayta (including purchases of different forms of Crayta and Crayta Credits).
11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
11.4 Subject to clause 11.3, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms.
11.5 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following manufacturer's advice or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or Google Stadia or the Epic Games Store.
11.6 Crayta is for domestic and private use. If you use Crayta for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.7 If our provision of Crayta or support for Crayta is delayed by an event outside our control then we will take steps to minimise the delay and will post information about the delay on our website at Crayta.com. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may cancel your Crayta account.
12. We may end your Rights to use Crayta if you do not comply with these Terms
12.1 We may, at any time, by posting a message on your account inside Crayta:
12.1.1 end your rights to use Crayta;
12.1.2 suspend/delete your account; and/or
12.1.3 delete/remove any UGC created by you.
12.2 If we exercise any of our rights under clause 12.1:
12.2.1 all rights granted to you under these Terms shall immediately end; and
12.2.2 you must stop all activities authorised by these Terms, including your use of Crayta.
13. Changes to these Terms
13.1 We may need to change these Terms to, for example, reflect changes in law or best practice or to deal with additional features which we introduce.
13.2 We will give you notice of any major change by notifying you of a change when you next use Crayta.
13.3 If you do not accept the notified changes you will not be permitted to continue to use Crayta.
14.1 If you want to learn more about Crayta please search for information about it on YouTube and social media channels.
14.2 If you have any problems using Crayta which cannot be reported inside Crayta then please contact our customer support team at crayta.com/support or firstname.lastname@example.org.
14.3 If you think Crayta is faulty or misdescribed or wish to contact us for any other reason then please contact our customer support team at crayta.com/support or email@example.com.
14.4 If we have to contact you we will do so by the means of communication you have indicated to us and using the contact details you have provided to us.
15. Other Terms
15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will inform you via messaging inside Crayta and on Crayta.com if this happens and we will ensure that the transfer will not affect your rights under these Terms.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 No rights for third parties. These Terms do not give rise to any rights to any third party under the Contracts (Rights of Third Parties) Act 1999 to enforce of these Terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to these Terms and where you may bring legal proceedings. These terms are governed by English law. You may bring legal proceedings in respect of Crayta and/or these Terms in the English courts or the courts of your own jurisdiction.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the European Online Dispute Resolution platform ("ODR") via their website at ec.europa.eu/consumers/odr. The ODR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
© 2021 Unit 2 Games Limited. All trade marks are the property of the relevant owners. All rights reserved.