EULA & GENERAL TOS
(Last updated on May 24, 2018. Effective May 25, 2018.)
We really appreciate you and our wonderful community for enjoying the games we create. In order to create a better player experience for everyone, we require all of our players to carefully review and accept the following General Considerations, Community Guidelines, End User License Agreement, and Website Terms of Service. This not only helps us preserve a healthy and fun environment for all of our players, but it also allows us to continuously improve your experience.
General Considerations and Definitions
For purposes of this Agreement, “Website” means thatgamecompany.com and all subpages thereto, including social media pages and accounts (e.g., follow us at @thatgamecompany on Twitter!), and digital storefronts such as the Steam page for thatgamecompany or any of our respective titles, or title storefronts via Xbox Live Arcade, the PlayStation Network, or the Nintendo eShop (herein “Digital Storefronts”).
The term “Game” or “Games” means our interactive entertainment products (namely “Sky”, “Journey”, “Flower”, and “Flow”), including the game client and all versions thereof across all consoles and playable platforms, and also refers to all expansions, updates, and game keys for digital download, as well as all content and intellectual property embodied therein.
“Intellectual Property” means all copyrights, trademarks, patents and inventions, trade secrets, personality rights, and other proprietary rights commonly identified as “intellectual property rights” or pseudo-intellectual property rights by applicable foreign or domestic law, and by way of example but by no means a limitation of the foregoing includes: visual assets, Game code, artwork, music, audiovisual works, methods, processes, prototypes, technology, storyboards, characters, plot devices, slogans, logos, and any material distributed under confidentiality or non-disclosure restrictions.
By accessing the Website, or downloading or purchasing the Game(s), you hereby accept the Community Guidelines, End User License Agreement, and Website Terms of Service contained herein (collectively the “Agreements”) in full. Do not continue to use the Website or Game(s) if you do not accept all of the terms and conditions set forth below.
The following terminology applies to these Community Guidelines, Terms of Service, End User License Agreement, and any or related agreements referenced herein: "End User", “You” and “Your” refers to you, the person accessing this website/game and accepting the Company’s terms and conditions. "The Company", “TGC”, “Ourselves”, “We”, “Our” and "Us", refers to our company, thatgamecompany, Inc. “Party”, “Parties”, or “Us”, refers to both the End User and ourselves, or either the End User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the End User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the End User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, United States and applicable international Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We want to make sure that our Games and Website remain fun, healthy, and safe environments for you and your friends to enjoy. By accepting our Terms of Service and End User License Agreement, you understand that these Community Guidelines apply to your use of both the Website and our Games, as well as any and all social media channels (including but not limited our Digital Storefronts, Facebook, Instagram, Twitter, and similar social media platforms, as well as online video and streaming platforms such as, by way of example and by no means a limitation of the foregoing, YouTube.com and Twitch.tv) in connection with Games operated or managed by thatgamecompany (collectively herein the “Community”). Your failure to comply with any part of the Community Guidelines may result in your TGC Account suspension, termination, or we may otherwise ban you from further contributing to the Community by whatever legal means available to us.
Furthermore, you accept sole and complete liability for any content shared by you to our Community. As such, you agree to indemnify and hold harmless thatgamecompany and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Community.
User Comments and Feedback
Our Community offers various opportunities to interact and share your opinions and thoughts with us and other End Users in Game or via other platforms such as but not limited to forums, social media pages, digital storefronts, Discord, or via Community initiatives. However, please note that the opinions or views expressed, or statements made to the Community (other than by thatgamecompany’s employees, officers, or verified community leaders) via posts, user comments, feedback, “wiki” entries, online chat (in Game or via Discord or comparable social media outlets), or via the communication features of the Game (collectively referred to herein as “User Comments”), do not reflect the opinions or views of thatgamecompany.
We do not review, edit or modify User Comments prior to their publication to the Community. However, we reserve the right to remove or modify any User Comments shared with the Community for any reason. By sharing User Comments and accepting the terms of these Community Guidelines, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and all Intellectual Rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Website, or through other Community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license us to use your User Comments in connection with the promotion of the Game.
We appreciate any feedback, suggestions, improvements, constructive criticism, or ideas you may have in connection with the Game or Website (“Feedback”). However, we cannot guarantee that the Feedback you provide has not already occurred to us. By submitting Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to thatgamecompany, including but not limited to Intellectual Property rights. To the extent that any such rights cannot be assigned under applicable US or international law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your Feedback.
User Generated Content
We encourage our End Users to create and share fan art, fan fiction, video montages, Let’s Play videos, and other creative content with our Community (herein “User Generated Content”). Likewise we encourage streaming and recording your gameplay and sharing it with our Community or through social media video streaming services such as YouTube.com or Twitch.tv—for the purpose of these Agreements, we also consider your streams and videos containing our Game “User Generated Content”.
We want you to create and express yourself freely, and you retain all rights in and to your User Generated Content. By sharing your User Generated Content with the Community, you grant thatgamecompany an unrestricted, irrevocable, non-exclusive and universal right and license to reproduce, modify, and redistribute your User Generated Content solely in connection with our Games.
However, User Generated Content shared with the Community must comply with these Community Guidelines, the Term of Service and our End User License Agreement. Failure to comply with any of the terms contained therein may result in the cancellation of your TGC Account and whatever other legal remedies may be available to us, including issuing takedowns to the appropriate service providers due to the breach of the licenses and rights granted to you herein.
To the extent possible under International Law, thatgamecompany is not liable for any copyright infringement arising from any User Generated Content shared with the Community or through our Games or Website. However, under the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by User Generated Content, User Comments, or other materials located in our Game or on our Website or other Community channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Website or in the Game or Community channels under our direct control, including a verifiable link to the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.
The above information should be provided to our Registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached by emailing firstname.lastname@example.org.
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:
- Your physical or electronic signature;
- your name, address, and phone number;
- identification of the material and its location before it was removed;
- a statement under penalty of perjury that the material was removed by mistake or misidentification;
- your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- your consent to accept service of process from the party who submitted the takedown notice.
Community Rules and Restrictions
By entering into these Agreements and accepting the Community Guidelines, you agree to comply with the following:
- Nothing you share with the Community, including but not limited to User Generated Content or User Comments, may contain content that infringes on the intellectual property rights (including copyright, trademark, and patent rights), proprietary rights, trade secrets, personality rights, contract rights or restrictions, or other right of any third party;
- To the extent that any third-party content is embodied in any content you share with the Community, including but not limited to User Generated Content and User Comments, you have acquired the necessary rights and licenses to reproduce the same;
- You will NOT harass other users. Harassment includes but is not limited:
- Publicly disclosing personally identifiable information of another End User or member of the Community;
- Stalking, doxing, or otherwise infringing on the privacy of any member of the Community;
- Disparaging, defaming, name-calling, or engaging in any form of discrimination against another member of the Community;
- Engaging in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content (including but not limited to sexually explicit content in User Generated Content or User Comments), or making offensive or inappropriate advances or comments to a member of the Community;
- Making false claims, tickets, or reports about events or any third party, regardless of their standing with the Community or thatgamecompany; or
- Using exploits, hacks, or third party tools to obtain an unfair advantage against other members of the Community in-Game.
- You agree that the list of conduct identified as harassment above is not exhaustive. We reserve the right to determine what constitutes “harassment” in our sole and exclusive discretion.
- You will not engage in acts of revenge, disparagement or retaliation against us for any feature contained in or modification made to our Games that you dislike. Your sole remedy for that is to stop playing that Game;
- You will not engage in solicitation or advertise other products or services to the Community without our prior consent (email is sufficient);
- You may not commercially distribute, sell, or otherwise commercially exploit User Generated Content (including video streaming) without our prior consent (email is sufficient).
End User License Agreement
We retain exclusive rights for any and all of any and all State, Federal, and International intellectual property and proprietary rights in and to our Games and all copies of our Games, including without limitation all copyrights, inventions, trademark rights, trade secret rights, trade dress rights, and any and all other intellectual property and proprietary rights embodied in or derived from our Games. We prohibit the copying, reproduction, and circumvention of technology of our Games beyond the terms of this license. Our Games are licensed to you, as opposed to being sold or assigned to you, and your continued legal use of the Games is contingent upon your compliance with this Agreement and the License Terms set forth below.
We hereby grant you a non-exclusive, revocable, non-transferrable, and limited right to license one copy of each Game you download or purchase from us or a licensed third party for your personal, non-commercial use (for purposes of this End User License Agreement only, the “Game”). Continued use of the Game is contingent upon your compliance with the following:
- You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Game. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Game. All rights not expressly granted are reserved by us. You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Game;
- You must comply with the Community Guidelines set forth above. Failure to comply with the Community Guidelines will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to thatgamecompany or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
- Absent a valid distribution Agreement between you and thatgamecompany, you may not commercially exploit or otherwise make the Game available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Game. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Game services for other End Users in exchange for payment outside of the Game;
- You may not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game experience;
- You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
- You may not modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by us;
- You may not provide or develop matchmaking services for the Game, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
- You may not facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation: (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by us;
- You may not violate any applicable law or regulation in connection with your use of the Game; and
- disrupt or assist in the disruption of: (a) any computer used to support the Service (each a “Server”); or (b) any other End User’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
In Game Purchases
Virtual Goods. You may participate in our virtual items service offering if you have a valid, active TGC Account (the “Virtual Item System”). The Virtual Item System allows you to pay for a license of various in-game virtual items through the Service. The Virtual Item System is provided through our Game and the Website, and you may obtain virtual items for access through the Game online or submitting a pre-paid code through the Site or use of the Service. thatgamecompany has the right to, and may, limit the amount of virtual items you can purchase or that you can maintain in your TGC Account at any given time. We may also provide you with virtual items as a part of a promotion, or through other means, such as for completing certain quests or achievements through your participation in the Service or thatgamecompany-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition or use of, or access to virtual items. You are solely responsible for verifying that the correct amount and type of virtual items that have been added to or deducted from your TGC Account for each virtual good transaction.
Game Assets; Prohibition on Out of Service Exchange. You hereby acknowledge and agree that you have no claim, right, title, proprietary or ownership interest in any of the game assets regardless of any consideration offered or paid in exchange for those game assets; and thatgamecompany shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage or loss of any kind caused to any of the game assets, including, but not limited to, deletion of game assets upon the termination or expiration of your account.
You may obtain certain Game Assets through gameplay or through using virtual items. Some Game Assets you obtain may have expiration dates, and they will no longer appear in your TGC Account upon the expiration date. You acknowledge and agree that thatgamecompany may change, modify, “nerf,” delete, remove or otherwise alter the appearance, function, use and/or properties of any Game Assets at any time, in its sole discretion.
You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Game Assets, except that you may trade certain in-game items (e.g., houses, armor, weapons, consumables) for other in-game items and/or in-game currency in an in-game transaction expressly permitted by thatgamecompany (e.g., an authorized transaction using an in-game auction house or thatgamecompany-sanctioned in-game item trade between TGC Account holders). For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Game Assets (whether or not held by TGC Accounts registered to you) outside of the Service, through a website, or any other medium, or exchanging Game Assets, whether inside or outside the Service, for anything of value outside the Service or in the real world.
TGC Account Suspension. thatgamecompany reserves the right to reduce, liquidate, deactivate, suspend or terminate your Account and/or Game Assets (including, without limitation, virtual items, housing, characters and guild halls) or access thereto if we suspect, after investigation, that you have used any aspect of the Service to conduct any fraudulent or illegal activity.
No Account Transfers/Sales. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances.
Fees and Payment Processing. Most of our games can be purchased through Digital Storefronts, and your rights and obligations with regard to payment made through those services will be provided directly by the Digital Storefront in question. Additionally, all in-game purchases, including but not limited to Virtual Item System purchases, will be payable through the Digital Storefront through which you originally purchased the Game. You agree to pay all fees and applicable taxes incurred by you or anyone using a TGC Account you registered. thatgamecompany may revise the pricing for its Games and all in-game purchases at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or services or products by, thatgamecompany, your TGC Account may be suspended or closed without warning or notice at the sole discretion of thatgamecompany.
Ownership and Independent Origin
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is purely coincidental. We do not claim any rights or interest in or to existing trademarks, trade names, personalities or likenesses that may incidentally resemble an existing product, service, or person. Furthermore, we do not claim any right, obligation, or liability in and to User Generated Content or third-party content otherwise made available in the Game. The rights in and to any such third-party content remains with its respective owners.
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE GAME AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
THATGAMECOMPANY AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE GAME, REGARDLESS OF CAUSE (I.E., ANY SYSTEM FAILURE, SERVER ACCESS LOSS, OR DATA BREACH RESULTING FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURE OR OTHER CAUSES (BY WAY OF EXAMPLE, BUT BY NO MEANS A LIMITATION OF THE FOREGOING, EVENTS SUCH AS WAR, EMBARGO, DISTURBANCE IN THE FORCE, HOSTILE DOMINATION BY UNKNOWN SENTIENT OR BORG LIFE FORMS, OR ANY BACTERIA, VIRUS, OR OTHER UNKNOWN INFECTION OR PATHOGEN THAT RESULTS IN ANY COMMUNICABLE DISEASE THAT CAUSES LIFE TERMINATION AND THE SUBSEQUENT REANIMATION OF BODILY FUNCTION ACCOMPANIED BY LIMITED BRAIN ACTIVITY, AS WELL AS AN INSATIABLE URGE FOR HUMAN FLESH). NEITHER WE NOR OUR LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT (INCLUDING THOSE INFECTED BY THE ABOVE REFERENCED DISEASE), EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE GAME.
LIMITATION OF LIABILITY
YOUR PURCHASE AND USE OF THE GAME IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE GAME WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE GAME. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE GAME.
Website Terms of Service
Hyperlinking to our Content
The following organizations may link to our website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites;
- associations or other groups representing charities, including charity giving sites, online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of the same; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed above and are interested in linking to our website, you must notify us by sending an email to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or email address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
- By use of our corporate name; or
- by use of the uniform resource locator (Web address) being linked to; or
- by use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of our logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our website.
Reservation of Rights
We reserve the right at any time and in our sole discretion to request that you remove any or all links to our website. You agree to immediately remove such links upon our request. We also reserve the right to amend these terms and conditions and the linking policy addressed herein at any time. By continuing to link to our website, you agree to be bound to and abide by these terms and conditions.
Removal of links from our Website
If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
As we are an independent game studio, there will be no uptime guarantee for our Website. However, we will make every attempt to try our best to ensure our Website is up-and-running, budget permitting. If we have it our way, we will run our services forever!
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.