Last Updated: October 20, 2024
This End User License Agreement (“Agreement”) is a legal agreement between you (“user”, “you”, and “your”) and Mad Mushroom Media, Inc. (“Mad Mushroom”, “us”, “we”, and “our”) for our game, or any downloadable content, updates, patches, expansions, and any other digital content or features made available by us related to Atomic Picnic (the “Game”). By installing, accessing, or using the Game, you agree to be bound to the terms and conditions of this Agreement. If you do not agree to the terms, you must not install and use the Game. This game and any accompanying online or electronic documentation has been produced by and is the property of Mad Mushroom or our affiliates and partners.
The purchase, download, installation, and use of the Game is subject to our Privacy Policy (“Privacy Policy”) located at https://www.madmushroom.gg/privacy-policy and Terms & Conditions (“Terms”) located at https://www.madmushroom.gg/terms-conditions.
Electronic transactions and communications are used for all interactions with us. By accepting this Agreement, you consent to transact with us electronically. This Agreement remains effective until terminated by either you or us, in accordance with the terms outlined in Section V. Certain rights and obligations will continue to apply even after termination.
Please read this Agreement carefully and pay particular attention to these items:
Parents & Guardians
We provide game rating information on our website to help you assess whether our games are appropriate for your children. We also strongly encourage you to supervise your child's online activities, review the content they access, and, when necessary, monitor their social interactions. For additional information on game ratings and content descriptors, please consult your local ratings system.
I. YOUR USE OF THE GAME
A. Age Confirmation. By downloading and installing the Game, you confirm that you are an adult of the legal age in your country or have permission from your parent or guardian. If you are under the legal age, your parent or guardian must agree to these terms. You and your parent or guardian are responsible for all actions related to your account. Some features, like online multiplayer, in-game purchases, and social interactions, may not be available if you are under the age of majority. Providing false information about your age or consent is against our rules and can lead to losing access to the Game. We comply with relevant privacy protection regulations, including the Children's Online Privacy Protection Act (“COPPA”), the General Data Protection Regulation (“GDPR”), and the California Consumer Privacy Act (“CCPA”) and do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take prompt steps to delete such information. Providing false age information is a violation of this Agreement and may result in termination of access to the Game. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us immediately at privacy@madmushroom.gg.
B. System Requirements. You are responsible for ensuring that your device meets the minimum system requirements necessary to download, install, and use the Game. You are also responsible for ensuring that you are using the latest compatible public release of any platform or operating system required to use the Game. We are not responsible for any issues, errors, or damages that may arise from your failure to comply with these requirements.
C. Online Platform. To access our Game, you may download and install our Game through an online game distribution platform (“Online Platforms”), such as Epic Games Store, Steam, Xbox, PlayStation, or Switch. Your use of the Online Platform and its features, such as online multiplayer modes or in-game purchases, may be subject to the corresponding terms and conditions of the Online Platform. You acknowledge and agree that any access to or use of the Game through an Online Platform is subject to both this Agreement and the terms and conditions of the Online Platform. In the event of a conflict between this Agreement and the terms and conditions of the Online Platform, the terms and conditions of the Online Platform shall govern.
D. Trial Version. If the Game is provided as a trial, your use may be restricted, including limitations on the playable period, number of users, or other features. You agree to not to use the trial version beyond its expiration or termination. The Game may include technical restrictions to enforce trial limits, which may remain on your device after deletion to prevent reinstalling another trial copy.
E. Accessibility. We are committed to improving the accessibility and usability of our Game for all players, including those with disabilities. While certain accessibility features may be limited or unavailable based on technical constraints, we strive to adhere to recognized accessibility standards wherever feasible. If you experience any accessibility barriers, please reach out to us at support@madmushroom.gg with feedback or assistance requests.
II. OWNERSHIP OF THE GAME
A. Proprietary & Intellectual Property Rights. “Intellectual Property Rights” include copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and other proprietary rights. Our Game’s “Content” includes all aspects of the Game, such as downloadable content (DLC), virtual currencies, virtual items, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics, audiovisual works, design, characters, icons, upgrades, links, and features and are the exclusive property of Mad Mushroom, our affiliates, and partners. The Game and Content therein are protected by copyright law, international copyright treaties, and other laws. All rights are reserved. The Game may contain certain licensed materials, and we and our licensors may protect their rights in the event of any breach of this Agreement. All trademarks are the property of their respective owners.
B. License Grant for the Game. We grant you a non-exclusive, personal, revocable, non-transferable license to download, install, and use the Game for your personal, non-commercial use on devices or consoles you own or control, provided they meet the necessary specifications. You agree that your use of the Game is solely for personal entertainment and has no monetary value.
C. Unauthorized Use of the Game. Unless expressly authorized by us, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of the Game. You also agree not to use any elements of the Game, or those provided by our affiliates, partners and third-party developers, in connection with any unauthorized product or service. Additionally, you may not use any elements of the Game in a manner that causes consumer confusion, discloses confidential information, or disparages us, our affiliates, partners, or third-party developers. This Agreement does not grant you any license or right to use any elements of the Game in any manner or form other than as part of the Game itself.
D. Trademarks. Mad Mushroom holds exclusive ownership of the Mad Mushroom logo, name, and all related trademarks (collectively, “Mad Mushroom Marks”). graphics contained in our Game are trademarks of Mad Mushroom or our affiliates and partners. Except as otherwise stated in this Agreement, nothing contained in our Game or Content should be understood as granting you a license to use the Mad Mushroom Marks or other Intellectual Property Rights owned by us, our affiliates, or our partners. Unauthorized use, reproduction, copying, or redistribution of any Intellectual Property Rights is prohibited. All trademarks or service marks appearing in our Game are the marks of their respective owners.
III. RESTRICTIONS, COMMUNITY STANDARDS & EXTERNAL CONTRIBUTIONS
A. Restrictions on Use. You may only use the Game for your personal, private, and non-commercial purposes. Any commercial use of this Game is prohibited, including sublicensing, leasing, or distributing the Game or any Content therein.
The following actions are expressly prohibited:
B. Community Guidelines. We strive to maintain a fair and respectful environment within our Game, Discord, and social media platforms.
By installing and playing our Game or otherwise engaging with our community, you agree to:
C. Enforcement. Violations of either the Restrictions or our Community Guidelines may result in enforcement actions, including temporary or permanent bans, as determined by server administrators or game developers representatives. The severity of the enforcement will be determined based on the nature of the violation, and repeated offenses may result in more severe penalties, including the forfeiture of your Game license.
D. External Contributions. We value your feedback but please refrain from submitting external contributions, including creative ideas, suggestions, or materials (collectively, “Contributions”). If you do, please understand that we may freely use them without any compensation to you. By sharing Contributions, you grant us a worldwide, perpetual, irrevocable, non-exclusive right, and license to use them for any purpose, commercial or otherwise. You also agree to take any necessary actions to ensure the validity of these rights.
IV. VIRTUAL CURRENCY & ITEMS
This section presents the rules for the acquiring and use of virtual currency (“Virtual Currency”) and virtual items such as boosts and customization cosmetics (“Virtual Items” or “Items”) within the Game.
A. No Monetary Value. All Virtual Currency and Items in the Game are earned through gameplay. They are not available for purchase through microtransactions and hold no real-world monetary value.
B. Use & Ownership. You do not own the Virtual Currency or Items. We grant you a non-exclusive, revocable, non-transferable right and license to use these items within the Game. You are only allowed to acquire Virtual Currency and Items from us or from persons authorized to sell our on our behalf. We reserve the right to modify or remove Virtual Currency or Items without liability.
C. Effect of Termination. If your license to use the Game is terminated for any reason, you acknowledge that we are not liable for any loss or damage caused to you and you lose all rights to any acquired Virtual Currency and Items.
V. TERM & TERMINATION
A. Agreement Effectiveness. This Agreement, and any license granted by it, is effective upon your download, installation, and/or use of the Game and remains effective until terminated in accordance with the terms of this Agreement.
B. User Termination. You may terminate the Agreement at any time by deleting and removing all copies of the Game and Content from the devices on which you have installed it and destroying your copy of the Game and Content in your possession.
C. Automatic Termination. The Agreement and any license granted by it will terminate automatically if you fail to comply with any term or condition. Upon termination, you will be notified and must cease all use of the Game and Content, immediately delete all copies of the Game and Content from your devices. You agree to promptly confirm compliance with these actions if requested.
D. Post Termination Conduct. Upon termination, you are prohibited from: (i) accessing, using, or attempting to use the Game or its Content in any form; (ii) retaining, sharing, distributing, or otherwise making available any copies of the Game or its Content, in whole or in part; or (iii) circumventing any technical measures or restrictions implemented by us to prevent access to the Game following termination.
E. Effect of Termination. Upon termination, all rights granted to you under this Agreement shall immediately cease. You forfeit any access to in-game purchases, virtual currency, or items without refund or compensation, and any progress or data related to the Game may be irretrievably lost. We are not liable for any damages resulting from the loss of access to the Game or its Content due to termination.
F. Survival. The following provisions of this Agreement shall survive termination: Dispute Resolution, Indemnification, Limitations of Liability, Ownership of the Game and Content, and any other provisions that by their nature should survive termination.
VI. USER GENERATED CONTENT
A. UGC Creation. We encourage you to broadcast your gameplay, or User Generated Content (“UGC”), on streaming platforms, showcasing your experiences with the Game. By uploading or sharing UGC, you confirm and represent that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mad Mushroom to use, display, and distribute such UGC on the respective platforms.
B. License Grant to You. We grant you a limited, revocable, royalty-free, non-transferrable, non-sublicensable (except as required to publish your UGC), non-exclusive right and license to use, display, and publish UGC that integrates our Game, and related copyrights and trademarks, for the sole purpose of creating UGC. Your license to use our Game to create UGC will automatically terminate without further notice to you upon the termination or expiration of this Agreement.
C. License Grant to Mad Mushroom. You own your UGC, but by uploading or sharing UGC, you grant us, along with our affiliates and partners, a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your UGC without compensation to you.
D. Morality Clause. In addition to the terms set in this Agreement, to broadcast or upload your UGC you also agree to abide by this morality clause. To broadcast or upload UGC, you must clearly disclose any sponsorships or partnerships, respect intellectual property rights, and adhere to any non-disclosure agreements (NDAs) or embargoes on confidential information. You agree not to leak confidential data, promote illegal activities, or use cheats, hacks, or exploits in your content. Violations of these terms may result in disciplinary actions, including warnings, suspensions, or permanent bans. We reserve the right to enforce these rules to protect the integrity and safety of our community.
E. Responsibility for UGC. You acknowledge and agree that you are solely responsible and liable for any UGC you create or post. By posting your UGC, you represent and warrant that: (i) you own or have a license to post your UGC and all its constituent elements or are otherwise legally entitled to post the UGC; (ii) the UGC is accurate and truthful; (iii) use of the UGC does not violate the terms of this Agreement and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify Mad Mushroom and its affiliates and third-party developers against all claims resulting from any UGC or other content or information that you supply, provide, or transmit to Mad Mushroom or its affiliates or third-party developers.
F. Compliance with Community Guidelines. It is essential to ensure compliance with our Community Guidelines as stated both in this Agreement and in our Terms, as well as any Online Platform policies and terms when creating UGC. You are strictly prohibited from uploading or sharing any UGC that violates this Agreement, our Terms, our Privacy Policy, or our Community Guidelines.
G. UGC Removals. We reserve the right to remove any UGC that is in violation of these terms or that we, in our sole discretion, deem objectionable for any reason. You agree to promptly comply with such reasonable removal requests. We further reserve the right, but not the obligation, to monitor and edit or remove any activity or UGC.
H. Public Areas & Privacy. We provide public forums, blogs, and other areas on our websites and across our services for you to create and post UGC. You acknowledge that these areas are public, and you have no expectation of privacy concerning your use of them. You should not communicate any personal information on these public areas because any information you communicate may be seen and used by others and may result in unsolicited communications. We are not responsible for any information you communicate on or through these public areas.
VII. DATA COLLECTION & FEEDBACK
The purchase, download, installation, and use of the Game are also subject to our Privacy Policy (https://www.madmushroom.gg/privacy-policy).
A. Information Collection & Usage. As a condition of using the Game, you agree and consent to our data collection and usage policies as set forth in this Agreement and our Privacy Policy. Your personal and gameplay data may be collected for operational, analytical, and enhancement purposes, and shared with our affiliates, vendors, and business partners. You understand and agree that your data may be transferred or used in countries with differing privacy standards.
B. Automated Feedback Software. The Game includes an automatic feedback software that collects and transmits data from your device to and from us, including your device specifications, IP addresses, bugs, errors, and performance metrics. This data is used solely for improving the Game and is subject to our Privacy Policy.
C. Data Retention & Access. Data retention is maintained as long as necessary to support your gameplay, including maintaining online progression, inventory, and multiplayer interactions. We retain your data for customer service and troubleshooting purposes as well. Access to this data is strictly limited to authorized personnel within our company and our trusted affiliates, developers, and partners, ensuring that your information is handled securely and appropriately.
D. Online Purchases & Support. When you purchasing the Game, contacting support center, or signing up for our mailing list, we may collect data such as your name, Order ID, email address, IP address, and purchase details. This information is used for customer service, order fulfillment, and marketing purposes (if opted in).
E. Data Privacy. All data collection, usage, and sharing practices are governed by our Privacy Policy (https://www.madmushroom.gg/privacy-policy). If you disagree with these practices, want your information used or shared as described, do not install or use the Game.
VIII. LIMITED WARRANTY & LIABILITY
A. Warranty Disclaimer. Mad Mushroom, including our affiliates, third-party developers, and partners, provide this Game “AS IS” and on an “AS AVAILABLE” basis. We make no express warranties or guarantees about our Game. TO THE GREATEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. WE DO NOT GUARANTEE THAT THE GAME WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, OR UNINTERRUPTED.
B. Limitation of Liability. Mad Mushroom and our affiliates, third-party developers, and partners are not liable for any damages from using or being unable to use the Game. THIS LIMITATION INCLUDES DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). This includes damage to devices, except in cases of fraud, death, or personal injury caused by our negligence. If the Game damages your device due to our lack of reasonable care, we may compensate you or repair your device. OUR MAXIMUM LIABILITY AND YOUR SOLE EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
C. Statutory Consumer Rights. Nothing in this Agreement shall limit your statutory consumer rights.
D. Back-up of Data Files. You should back-up to another secure location, on a regular basis, any data files concerning your use of the Game as we accept no liability for lost or corrupted data.
IX. INDEMNIFICATION
A. You agree to defend, indemnify, and hold harmless Mad Mushroom, our affiliates, and our third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse our Game or from any UGC you create, post, or share that infringes on the rights of others, violates any law, or breaches the terms herein. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
X. DISPUTE RESOLUTION
A. Good Faith Attempt. You agree that in the event of a dispute between you and us or our affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration. Binding Arbitration is defined and provided in our Terms at https://www.madmushroom.gg/terms-conditions. In case of any conflict between this Agreement and the Terms, the Terms shall prevail.
B. Negotiation & Arbitration. If we cannot resolve a dispute through informal negotiations within thirty (30) days after receiving a notice of dispute, both parties agree to settle any claim or controversy arising out of this Agreement or the Game through binding arbitration, following the rules of the American Arbitration Association. The arbitration will take place in Williamson County, Texas. This informal, good faith negotiation will commence upon receipt of written notice from you, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek.
C. Individual Arbitration & Relief. Claims or controversies will be arbitrated individually. The arbitrator cannot alter the terms of this Agreement and may award equitable relief to enforce its terms, provided that it does not interfere with our rights or ability to distribute or exploit the Game. We each further agree that any arbitration or other cause of action related to this Agreement will be conducted in our individual capacities only and not as a class action or other representative action, and we each expressly waive our right to file a class action or seek relief on a class basis.
D. Court Proceedings & Applicable Law. If a court determines that a claim or controversy cannot be settled by arbitration, both parties agree to bring and maintain such claims in state and federal courts located within Williamson County, Texas. The prevailing party in any action to enforce this Agreement may recover costs and expenses, including reasonable attorney's fees. In connection with any dispute between us, whether in arbitration or otherwise, this Agreement shall be interpreted and bound by the laws of the state of Texas and United States federal law. We each irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Williamson County, Texas to resolve any claims that are subject to exceptions to the arbitration agreement.
E. DMCA Complaints. Mad Mushroom respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Any user who is found to have infringed the rights of Mad Mushroom, its affiliates, third-party developers, partners, or any third-party, or otherwise violated any intellectual property laws or regulations is subject to immediate suspension and/or termination. You agree to comply with any court judgment or conditions imposed due to such claims, including ceasing use of the Game if required. If you believe that your work has been violated on our Websites or on our Services in a way that constitutes copyright infringement, please contact us at contact@madmushroom.gg.
XI. GOVERNING LAW
A. Applicable Laws. This Agreement shall be governed by and will be construed in accordance with the laws of, the United States of America and the law of the State of Texas, without regard to choice of law principles.
B. Exclusion of International Convention. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
C. Canadian Residents. If you are a Canadian resident who has purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
D. International Users. Users who access the Online Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
XII. GENERAL
A. Changes. It is your responsibility to read, understand, and accept this Agreement in connection with your use of the Game. You acknowledge that we may make changes to this Agreement and to the Game itself, including its features, functionalities, and content, at any time and at our sole discretion. Such changes may be necessary to improve, enhance, or modify the Game, or to comply with legal, security, or policy requirements. You agree that your continued use of the Game after any such changes will constitute your acceptance of the changes. If you do not agree with the changes, you must cease using the Game. You should check this Agreement regularly to stay informed about any changes.
B. Contact Us. If you provide us with your email address for any purpose, you agree to receive all notices and communications (“Notices”) from us in electronic form at such email address. Delivery of any Notice from us is effective when sent to your email address, regardless of whether you actually receive or read the Notice. You agree to send us all legal notices, including notices of dispute and/or notices of infringement, to the address below.
For issues regarding customer support, please contact our support team as follows:
By mail:
ATTENTION: CUSTOMER SUPPORT
Mad Mushroom Media, Inc.
1 Chisholm Trail, Suite 450
Round Rock, Texas 78681
United States
By email: contact@madmushroom.gg
C. No Waiver. Our failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Mad Mushroom may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
D. Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, zombie apocalypse, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
E. Survival. Any provisions of this Agreement that by their nature should survive termination shall survive.
F. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
G. Non-Transferability. The terms of the Agreement are personal to you, and you are not permitted to assign, sub-license, transfer, or dispose of your rights or obligations under the Agreement.
H. Export Restrictions. You agree to comply with all applicable export and import laws, restrictions, and regulations of the United States or any foreign nation. You will not export, re-export, or import the Game or its documentation in violation of any such restrictions, laws, or regulations, and will not transfer the Game or its documentation to any foreign national or destination prohibited by such laws without obtaining and complying with requisite government authorization.
I. US Government Restricted Rights. The Game and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights granted to all other end users under the terms and conditions of this Agreement. We reserve all unpublished rights under the copyright laws of the United States.
J. Entire Agreement. This Agreement constitutes the entire understanding between you and us, superseding all prior agreements, whether oral or written. You acknowledge that you entered into this Agreement based solely on the representations and promises expressly stated here. No failure by either party to exercise any right under this Agreement will constitute a waiver of those rights. In case of a conflict between this Agreement and any other terms, this Agreement will prevail.
K. Controlling Language. The original language of this Agreement is English even if it may be available in other languages. By clicking “I Agree,” you agree that the English version of this Agreement shall control any dispute between you and us arising from or related to this Agreement. The English version of this Agreement can be found at https://www.madmushroom.com/atomicpicnic-eula-en.
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