End User Licence Agreement

IMPORTANT NOTICESPlease read the following End User License Agreement ("EULA") carefully before downloading, installing, or using "Black Trail" game or any related software [collectively, the "Game"]. If you do not agree with all of the terms of this EULA, you may not install or use the Game.

By downloading, installing, and/or playing the Game, you acknowledge and agree that you are of the legal age of majority in your country of residence. If you are not of the legal age of majority, you must obtain the necessary consent from your parent or legal guardian before accessing or using the Game.

This EULA should be read in conjunction with our Privacy Policy, which is available at https://blacktrailgame.com/privacypolicy and forms an integral part of this EULA.

The English version of this document is the only original version and shall prevail in the event of any differences, questions, or disputes concerning the meaning, form, validity, or interpretation.

This EULA is a legal agreement between you ["you"], an individual, and RedHorizon Teknoloji A.Ş. ["we", "us", "our"], a company established and existing under the laws of Türkiye, with its registered number 7340961772, and whose registered address is at Maslak Mh. Maslak Meydan Sk. Beybi Giz A Blok No:1 D:55 Sarıyer, Istanbul, Türkiye regarding your use of the Game. When the Game is provided through a third-party platform, you shall be solely responsible for ensuring that your use of such platform follows its policies and agreements. Please be aware that we may be required to change this EULA to comply with third-party platforms requirements.

1. GRANT OF LICENSE1.1 License granted. We hereby grant you personal, limited, non-exclusive, revocable, and non-transferable license to download, install, store, execute and use the Game:

Personal: means you are allowed to use the Game only on your personal device for non-commercial purposes only;
Limited: means you can use the Game only as provided by this EULA, and we do not provide any rights to you for the Game use, except for the rights expressly stated in this EULA;
Non-exclusive: means we may grant the same or any other license to others;
Revocable: means we can terminate this EULA as provided by section 8.2;
Non-transferable: means only you can use the Game, and you cannot assign, transfer, or sublicense any rights and license provided to you under this EULA to any other person.

1.2 Permitted use. Subject to compliance with this EULA, you are entitled to stream, record, and publish video content of the gameplay of the Game for commercial and non-commercial reasons. To avoid doubt, you are entitled to include advertisements in such streaming/recorded video content and otherwise monetize such content by means allowed by corresponding streaming or video-sharing websites. We may revoke this right at any time.

1.3 Territory. You may use the Game worldwide unless we set otherwise on our website https://redhorizon.net, within the Game, or by any other means at our discretion.

2. LICENSE LIMITATIONS2.1 We may suspend or revoke your license granted under this EULA if you violate, or assist others in violation, the following license limitations:

No Transfer: you are prohibited from selling, reselling, distributing, renting, sublicensing, leasing, or transferring in any other way the Game or its copies, in whole or in part, to any third parties;
No Derivative Works: you are prohibited from creating derivative works based upon the Game;
No Changes or Reverse Engineering: except as provided in section 2.2 below, you are prohibited from altering, merging, adapting, decompiling, decoding, reverse engineering, disassembling, modifying, translating into other languages or in any way changing the Game or any of its components;
No Hacking or Cheating: you are prohibited from engaging in, facilitating, or promoting any unauthorized activities that compromise the integrity, security, or functionality of the Game, including but not limited to hacking, cheating, or exploiting vulnerabilities in the Game's code.
No changes of Copyright Information or Trademarks: you are prohibited from falsifying, removing, or disconnecting any copyright information; specifically, references to the author, legal confirmations of the copyright or any other messages or instructions, as well as any notes on the origin or source of the software or other content; you are prohibited from removing trademarks.

2.2 Mods. Should you wish to affect any actions outlined in section "No changes or Reverse Engineering" above, please contact us for obtaining approval at info@redhorizon.net. Please note that we highly appreciate the contribution you may make to the Game. However, we reserve the right to review each request and, in our sole discretion, accept or reject it if necessary. Please note that approval may only be granted in case you agree (a) not to cause or permit the sale or other commercial distribution or commercial exploitation of any modifications submitted by you and (b) to grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license (i) to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever any modifications made by you, or any portion thereof, in the Game as well as via any media now known or thereafter developed, and (ii) to advertise, market and promote the same.

3. SYSTEM AND TECHNICAL REQUIREMENTS3.1 You can find the minimum and recommended device's system requirements for proper use of the Game on the official websites of third-party platforms where you purchase or access the Game.

3.2 Due to potential programming changes and improvements, the minimum and recommended system device's requirements for the Game may change over time, and the Game may become unavailable on some devices.

4. AUTOMATIC UPDATES OF THE GAME4.1 At any time at our discretion, without further notice, we have the right to change the Game's functionality and content. To improve the Game's functionality and experience, we reserve our right to make automatic, which means without an additional request for your consent, updates, and changes. To ensure the effectiveness of these updates and changes and the possibility of extending the use of the Game, you hereby consent to the introduction of automatic updates and changes.

5. USE OF DATA AND ANALYTICS5.1 At all times, any data collected and being processed under this EULA will be treated in accordance with our Privacy Policy available at https://blacktrailgame.com/privacypolicy, incorporated in this EULA by reference.

5.2 For users who opt in, "Black Trail" utilizes Unity Analytics to collect gameplay data to enhance user experience and improve game features. This data is stored and maintained on Unity Analytics servers. The types of data collected and the purposes for which it is used are detailed in our Privacy Policy. By opting in to Unity Analytics, you consent to the collection, storage, and use of your gameplay data as outlined. For more information about Unity Analytics and its privacy practices, please visit Unity's privacy policy.

6. LIMITED WARRANTYDisclaimer to the fullest extent allowed by applicable law, we expressly waive any warranties, direct or indirect, towards you regarding the game, including but not limited to any indirect warranties towards quality, suitability for specific purposes, and observation of rights. The game shall be provided "AS IS" without further warranties of any nature. You shall assume all risks related to any damage and losses arising from the use or impossibility of using the game. We do not guarantee that the game meets your requirements and that game operation will be unfailing and error-free.

7. LIMITATION OF LIABILITYTo the fullest extent allowed by applicable law, neither we nor our licensors nor partners shall bear any liability to you for any damage [including but not limited to actual losses, incidental losses, indirect losses, lost profit or lost data, regardless of whether such damage was predictable or not) arising in connection with this EULA and with your operation of the game and other materials provided to you by us.

We shall not bear liability for the inability to install or launch the game on your personal device and also for possible errors and failures in the game operation. You must connect to the internet to use the game. All costs of the internet connection shall be incurred by you. We shall not be liable for any damage caused to you as a result of connection to the internet or installation of malicious software on your device. AS IS permitted by applicable law, we decline any responsibility regarding any activities which may be conducted by minors without the permission of their parents or legal guardians. If you are a parent or legal guardian and you give your permission for your child to use the game, you hereby agree to the terms relating to use of the services by your child. This limitation shall not apply to liability for a death or a personal injury to the extent the applicable law prohibits such limitation. Some jurisdictions do not allow or limit the exclusion or limitation of liability or do not allow the exclusion or limitation of implied warranties, the above limitation may not apply in some circumstances.

8. OWNERSHIP OF THE GAME8.1 All title, ownership rights and intellectual property rights in and to the Game and any of its part are owned by us or our licensors. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by us.

8.2 The Game is licensed, not sold, which means that no title or ownership regarding the Game is transferred or assigned to you.

9. TERM AND TERMINATION9.1 Term. You may use the Game from the moment you accept this EULA and until terminated as provided in section 9.2 and 9.3 below.

9.2 Termination by us. We may terminate this EULA immediately if you fail to comply with any of the terms and conditions of this EULA. Promptly upon termination, you must cease all use of the Game and destroy all copies of the Game in your possession or control and remove the Game from your device. Termination will not limit your rights or remedies at law or in equity.

9.3 Termination by you. You can terminate this EULA immediately by permanently stopping the use of the Game and deleting it from your device.

10. APPLICABLE LAW & JURISDICTION10.1 This EULA shall be governed by and construed in accordance with the laws of Türkiye.

10.2 In the event of any dispute arising out of or in connection with this EULA, you agree to negotiate with us such dispute in good faith within 60 calendar days following the receipt of a written notice of dispute. Such written notice must be sent physically by mail to the address Maslak Mh. Maslak Meydan Sk. Beybi Giz A Blok No:1 D:55 Sarıyer, Istanbul, Türkiye and electronically to the email address info@redhorizon.net, and must contain the following information:

The full name and contact information of the claimant and its representative [if any);
Description of the nature and basis of the claim and dispute;
Description of the performance requested from us according to and in connection with the claim.

10.3 You expressly agree that if the dispute cannot be resolved by negotiation as set above, to the extent permitted by applicable law, the exclusive jurisdiction for any claim or action arising out of or relating to this EULA shall be the courts of the Republic of Türkiye, and you expressly consent to the exercise of personal jurisdiction of such courts.

11. HEALTH AND SAFETY PRECAUTIONS FOR VR PLAY11.1 General Precautions: When playing "Black Trail" using a VR headset, please take the following general precautions to reduce the risk of personal injury or discomfort:

Take breaks frequently to prevent discomfort and fatigue. We recommend a 10 to 15-minute break every 30 minutes.
Play in a safe environment that provides enough space and is free of obstacles that you might bump into or trip over while moving.
Use the wrist straps provided with your VR equipment to prevent accidentally throwing or dropping the controllers.

11.2 Motion Sickness: Some players may experience motion sickness while playing VR games. If you feel dizzy, nauseated, disoriented, or experience any discomfort, stop playing immediately and rest until you feel better.

11.3 Epilepsy Warning: A very small percentage of people may experience seizures or blackouts triggered by light patterns or flashing lights, including in VR environments. Even people with no history of seizures may have an undiagnosed condition. Immediately stop playing and consult a doctor if you experience any of these symptoms.

11.4 Children and VR: Extra caution should be taken when children are using VR headsets. Adult supervision is recommended at all times to ensure children's safety and to ensure that they are using the VR headset correctly to avoid potential injury.

11.5 Comfort and Hygiene: Ensure that the VR headset is clean and adjusted properly for your head to avoid physical discomfort. Do not use the VR headset if the lenses are dirty or foggy, as this can increase the risk of discomfort or nausea.

12. CHANGES TO THIS EULA12.1 We reserve the right to revise the terms of this EULA from time to time. We will give you the opportunity to review and accept the revised version, which will replace the current EULA from the date of your acceptance. IF you do not accept the revised EULA, or you cannot comply with any term of the revised EULA, then you will no longer be permitted to play the Game and we reserve the right to terminate this EULA. Your continued use of the Game shall be deemed to constitute acceptance of any revised terms.

13. MISCELLANEOUS13.1 At our discretion, we may assign or delegate its rights and obligations under this EULA or any part of them to any third party without notice to you. Your rights and obligations are personal and are not subject to assignment or delegation.

13.2 This EULA constitutes the entire agreement between you and us regarding your use of the Game and substitutes any previous oral and written agreements or oral and written agreements that are simultaneous with the making of this EULA regarding the subject hereof that are united in this EULA.
13.3 If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.

14.1 To contact us, please send an email to: info@redhorizon.net.

Latest update: 2 April 2024
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