Windblown Terms of Service

Last updated: October 21, 2024

1. ABOUT THESE TERMS

1.1. Who are we? We are Motion Twin based in France at 7 Allées De Chartres, Bordeaux, 33000 (“MT”). We make games, including Windblown!

1.2. What do these Terms apply to? It applies to our game Windblown and any other products and services we may offer related to it in the future (including any DLC) (together, the “Game”).

1.3. What happens if we make a change to the Terms and/or the Game?

• We may make changes to the Game and/or the Terms for a variety of reasons, such as: (i) to reflect changes in applicable laws or regulations; (ii) to adapt to developments in technology (including around security); (iii) to adapt to changes in market conditions, business practice or player behaviour; (iv) due to licensing changes; and (v) for your benefit or advantage.
• For small changes to the Terms, we will make the amended version available either on our website (https://windblown.game/), on the store page, or in the Game. For significant changes to the Terms, these will be notified to you reasonably in advance where we can. Changes will come into effect as soon as they go live (in the case of small changes) or following the expiry of the notice period (if they are significant). If you do not agree to the amended Terms, you may not continue to access the Game.

2. USING THE GAME

2.1. Are there any age restrictions? You must be at least 13 years old to use the Game. If you are between 13 and 18 years old (although this may be different depending on the age of adulthood in your country), please ask your parent or guardian to review and approve these Terms and to supervise your use of the Game.

2.2. Are there any technical requirements? The Game will have minimum requirements, such as type of device or require an internet connection. This information should be set out on the relevant store page, however it is your responsibility to ensure you meet any requirements before downloading or accessing the Game. We may have to patch or update the Game over time, which may result in mandatory or automatic updates (meaning that older versions may become unstable or unusable as a result). We may also stop supporting older devices/platforms over time.

2.3. Will I need an account to play the Game? To play the Game, you may need to create a Game account with us. It may also be possible to connect to the Game (and create a Game account) via third party log-ins (such as but not limited to Steam). It is your responsibility to keep any accounts safe and secure.

2.4. Will we launch the Game early or in beta? Yes, we may release the Game, or parts of it, before their full commercial release (sometimes referred to as ‘beta’ or ‘soft launch’) in order to test features and their performance. Please remember that these versions might contain bugs or errors, and we might have to add or remove features. There may also be progress resets. We might also set other requirements, but these will be notified to you.

3. RULES FOR ACCESSING AND PLAYING THE GAME

3.1. What rules do we have in place for the Game? We have rules in place to protect our players, staff, the Game and MT itself. Please read these rules carefully, since failure to follow them will be considered a serious breach of these Terms and could lead to your limitation, suspension or cancellation (temporary or permanent) of your access to the Game.

• Personal enjoyment only. You must not use the Game for any commercial purposes (including posting commercial advertisements, spam or unsolicited messages via the Game).
• Restricted access. You must not attempt to copy, rent, steal, sell, distribute, publish, lend, lease, sub-license or publicly display the Game, subject to section 4.2 below.
• Technical misuse. You must not modify, merge, translate, distribute, reverse engineer, decompile or attempt to obtain or use source code of the Game (unless you are specifically allowed to by applicable law).
• Cheating. You must not create, use, make available and/or distribute cheats, hacks, exploits, automation software, spyware, bots or any other software that interacts with or affects the Game in any way.
• Interference. You must not interfere with, hack, harm or misuse the Game, including attempt to gain unauthorised access to the servers or networks connected to the Game.
• Infringing content. You must not do anything in connection with the Game which infringes any copyright, trade mark, patent, trade secret, privacy, publicity, or other right of MT or other parties.
• Conduct. You must not do, say or share anything which is illegal, harassing, threatening, abusive, discriminatory, defamatory, obscene, offensive or invades the privacy of another person. MT reserves the right to monitor the content of what you share in the Game (including via any chat functionality).

3.2. How do we enforce our rules? We may use a combination of automated means and human review in order to enforce our rules. If you have any concerns or would like to appeal any sanction we have applied, please contact us at support@windblown.game.

4. OWNERSHIP

4.1. Who owns the Game? We own or license the Game in its entirety (e.g. the art, user interface, characters, story, items, music, code, look and feel, game mechanics, gameplay, audio, video, text, databases, data and all other content, intellectual property and other exploitation rights), including any changes, improvements or updates we might make. You have the personal right to use the Game – so you cannot give, sell, lend, gift, transfer or sub-license it to someone else. Legally speaking, we give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable, non-sub-licensable license to display, view, download, install, play and use the Game on authorised devices and platforms. All rights in the Game are reserved to MT, except as otherwise set out in these Terms.

4.2. What is our position on user-generated content? We are happy for you to make fan content about the Game (such as fan art or fan videos) (“UGC”) but it should not be commercialised. You are, however, permitted to stream or produce videos of the Game and receive advertising revenue from the relevant platform (e.g. Twitch and YouTube) for this. All UGC should comply with these Terms and are solely your responsibility. If you have any questions about UGC, please email us at support@windblown.game.

5. WHEN WE MAY SUSPEND OR END YOUR RIGHTS UNDER THESE TERMS

5.1. When can MT suspend or end my rights under these Terms, or my access to the Game?

• We may end or suspend (temporarily or permanently) your right to access any and/or all of the Game if you materially breach these Terms – including any breach of the rules in section 3.1. If we end or suspend your access to the Game under this section, we will not have any obligations or liabilities to you at all.
• If MT decides to stop providing servers for the Game permanently, we will try and give you at least 60 (sixty) days’ notice and provide you with details of any next steps.

5.2. When can I get a refund for the Game?

• Your refund rights for the Game will depend on your country of residence, the circumstances (e.g. if the Game has a fault), as well as the terms of any applicable device/platform via which you access the Game. For more information, please review the applicable terms of sale of the device/platform.
• For UK/EU users, you have a right to withdraw from a purchase of digital content (such as a digital copy of the Game). However, you may be asked by the relevant device/platform to consent to the immediate supply of the Game at the point of sale, and acknowledge that you will lose your right to withdraw.

6. OUR RESPONSIBILITY AND LIABILITY

6.1. In what situations are we responsible or liable to you? There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:

• Where it would be unlawful: We do not exclude or limit our liability to you where it would be unlawful to do so, this includes: (i) death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors); (ii) breach of your legal rights; (iii) fraud or fraudulent misrepresentation; and (iv) for defective products.
• For personal losses: We only supply the Game for domestic and private use. If you use the Game for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.

6.2. What is our maximum liability to you? Subject to section 6.1. above, the total liability of MT (and its group companies) arising out of or in connection with these Terms will not excessed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability.

7. DISPUTES

7.1. What happens if we have a dispute with each other? We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against MT, you should send it to support@windblown.game.

7.2. Where can you bring a claim? You and we agree that your use of the Game and these Terms (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of France, and any dispute regarding it will be under the jurisdiction of the courts of France. This does not exclude any mandatorily applicable rules or remedies which would be available to you in legal claim brought under the laws of your country of residence.

7.3. Does MT use the EU Online Dispute Resolution platform? In the event that disputes or claims arise between businesses and consumers, the European Commission provides a platform to facilitate finding an out-of-court resolution, which is available here: https://ec.europa.eu/consumers/odr. MT is not obligated to and nor does it intend to participate in this or any other process of online dispute resolution.

8. OTHER LEGAL MATTERS

8.1. We can assign, subcontract or transfer these Terms to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not affect your legal rights (or with your consent).

8.2. These Terms governs our relationship with you (and vice versa). It does not create rights for anyone else.

8.3. If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it.

8.4. If you would like to know about our personal data practices, please review our Privacy Policy at: https://windblown.game/legal/privacy.

ADDITIONAL TERMS FOR USERS IN THE UNITED STATES

9. DISPUTES (USERS IN THE UNITED STATES)

This section applies only to users of the Game who are located in the United States.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

You may opt out of the arbitration agreement within a limited period. Please see “Opt-Out Right” in Section 9.7 below.

9.1. What happens if MT or a US user has a dispute? This section 9 is the legally binding terms and conditions between MT and you (a user in the United States) to resolve disputes through arbitration (“Arbitration Agreement”). This Arbitration Agreement supersedes sections 6 and 7 of these Terms for users of the Game who are located in the United States. By entering into these Terms, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Arbitration Agreement, will be resolved solely by binding individual arbitration and not in a court before a judge or jury, class, representative, or consolidated action or proceeding. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER YOU AND WE MAY ENFORCE THE ARBITRATOR'S AWARD. You and MT may still pursue a claim in small claims court with applicable jurisdiction. Although you and we have agreed to this Arbitration Agreement, you and MT each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action by MT against someone else or its interactions with governmental and regulatory authorities will not be subject to arbitration.

9.2. What happens if we have a dispute with each other? We and you both agree to make reasonable and good-faith efforts to resolve any dispute between us informally before commencing arbitration. Unless you and MT otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or MT provides written notice to the other party of the dispute. You and MT agree that neither will commence arbitration before the end of the time for informal negotiation.

9.3. How can you bring a formal claim? You and we agree that any and all disputes will be arbitrated on an individual basis only. By agreeing to these Terms, you and we waive any right to participate in or receive money or any other relief from any class, consolidated, collective, mass claim or representative proceeding (“Mass Claim Waiver”). No arbitration will be consolidated with any other arbitration proceeding without the consent of both you and us. This Mass Claim Waiver will be severable from these Terms in the event it is found unenforceable. Notwithstanding any other provision of these Terms, disputes regarding the enforceability of this Mass Claim Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.

9.4. What arbitration rules and governing law will be used? You and we agree that any arbitration between you and MT will be administered by National Arbitration and Mediation (NAM) in accordance with NAM's Comprehensive Dispute Resolution Rules and Procedures before one arbitrator and NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures (collectively, the "NAM Rules") in effect at the time of the dispute, both of which are available at www.namadr.com, except as modified by this Arbitration Agreement. The NAM Rules are incorporated by reference into this Arbitration Agreement.

9.5. What happens if mass demands are filed? In the event that 25 or more similar arbitration demands are filed against MT within a 30-day period, or 100 or more similar arbitration demands are filed against MT within a 180-day period (a "Mass Filing"), you and we agree that NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures will apply in addition to NAM's Comprehensive Dispute Resolution Rules and Procedures.

9.6. What are the requirements for submitting a claim? The party initiating the arbitration must provide a detailed written notice of the claim to the other party, including (a) a detailed statement of the claim, (b) the facts supporting each claim, (c) the legal basis for each claim, and (d) the specific relief sought. Failure to provide such details may result in dismissal of the claim or assessment of additional filing fees.

9.7. What is your right to opt out? You may opt out of this Arbitration Agreement within 30 days of accepting these Terms by sending a written notice by email to MT at support@windblown.game with the subject line "Arbitration Opt-Out”. If MT makes any future change to this Arbitration Agreement (other than a change to such e-mail address or other non-material changes), you may reject solely such changes by sending an email to MT at support@windblown.game with the subject line "Arbitration Change Opt-Out” within 30 days of the posting of the amended Arbitration Agreement. Failure to opt out within the related 30-day period will constitute your acceptance of the Arbitration Agreement or the changes to the Arbitration Agreement (as applicable). All notices regarding this Arbitration Agreement must include your name, address, account number, and a clear statement that you wish to opt out of this Arbitration Agreement or the relevant changes made to the Arbitration Agreement (as applicable). Opting out of this Arbitration Agreement or changes to an Arbitration Agreement has no effect on any previous, other, or future arbitration agreement that you may have with us, and does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought. If you timely opt out of this Arbitration Agreement or any change as provided above, all other parts of these Terms will continue to apply to you.

9.8. How long does the Arbitration Agreement survive? This section (the Arbitration Agreement) survives termination of these Terms.

10. ADDITIONAL US LEGAL MATTERS (USERS IN THE UNITED STATES)

This section applies only to users of the Game who are located in the United States.

10.1. What law applies to these Terms? For users of the Game who are located in the United States, the laws of the State of New York, USA, excluding its conflicts of law rules, govern these Terms (including the Arbitration Agreement) and the Game. The Arbitration Agreement is also governed by the Federal Arbitration Act (FAA). These Terms (including the Arbitration Agreement) and the Game may also be subject to other local, state, national, or international laws. In the event that the Arbitration Agreement is not effective for any reason, you and we agree to personal jurisdiction by and venue in of the state courts of the Borough of Manhattan, County of New York, New York, USA, and the United States District Court for the Southern District of New York, USA, as applicable, and you and we waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens for all disputes in connection with these Terms or any dispute of any sort that might arise between you and us or our affiliates. You and we agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) will not apply to these Terms or to any dispute or transaction arising out of these Terms.

10.2. What is our maximum liability to you? We will be responsible or liable for losses or damages you suffer in circumstances where limited liability would be unlawful. We provide the Game only for domestic and private use. If you use any Game for any commercial, business, rental or resale purpose, we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAMES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF $50.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.3. How long does this section 10 survive? This section 10 survives termination of these Terms.