To The Sky
End-User License Agreement (EULA)
Last update: July 17th, 2020
1-Acceptance
This End-User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (the “User” or “you”) and Domynyo S.r.l., a company incorporated under the Italian laws, with registered office in via Nicola Calandra n. 3, Benevento, Italy (the “Company” or “we”).
This EULA agreement governs the license to use by you of the “To The Sky” videogame software (“To The Sky” or the “Software”) directly from the Company or indirectly through a Company’s authorized reseller or distributor (a “Reseller”).
Please read carefully the following EULA before installing To the Sky. By clicking “accept” or installing and/or using To The Sky, you agree to be bound by the terms of this agreement. The EULA provides a license to use the Software and contains warranty information and liability disclaimers.
This EULA agreement shall apply only to the Software supplied by the Company herewith regardless of whether other software is referred to or described herein. The EULA also applies to any To The Sky’s updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
The use of the Software and of the website www.domynyo.com (the “Website”) is also governed by the Terms of Service and other applicable policies (the “Supplemental Policies”), which are available on the Website. By downloading or using/accessing the Software, you expressly agree to be bound and to comply with the mentioned Terms of Service and any Supplemental Policies, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies and our Privacy Policy, each of which is incorporated by reference in this EULA where applicable.
Your use of the Software is also subject to the terms and conditions set forth in the Steam™ subscriber agreement and/or any other terms set forth by Valve Corporation in relation to the Steam™ service.
By accessing and/or using To The Sky, you affirm that you are at least 18 years of age; if you are not, that you have obtained the parental or guardian consent to enter into this EULA and the other policies. If you are not of the legal age to enter into or have not obtained parental or guardian consent to enter into, then you shall not access the Software and immediately cease any use of it.
2-Updates and Patches
The Company may provide updates, patches and other modifications that must be installed, also remotely, by the User to continue to play the game properly or at all, and you hereby grant to the Company the right to deploy and apply such patches, updates and modifications. All provisions of this EULA shall also apply to all such patches, updates and modifications.
3-Changes to this EULA
We reserve the right to make changes to this EULA, the Website Terms of Service, the Privacy Policy or any other Supplemental Policy (the “Amendments”) at any time at our sole discretion by publishing such updated documents on our Website or by providing the User with digital access to the modified versions of any of these documents upon subsequent access to the Software.
Your use of the Software after such Amendments have become effective represents that you have read the amended EULA, the Website Terms of Services, and the Supplemental Policies, and that you have agreed to them.
If you do not accept the Amendments, you have the right to terminate this EULA but you must stop using the Software, accessing the Website, or using any related service, as applicable.
4-License
The Company hereby grants you a personal, non-transferable, non-exclusive, non-sublicensable, limited license to use the Software on your devices in accordance with the terms of this EULA agreement (the “License”). No other use, implied or expressed is hereby permitted or granted.
“Domynyo” is a registered trademark and refers to the Software, any associated media or software referring to the online mode of Domynyo, printed materials, manuals, online or electronic documentation, and any and all copies of such Software and materials. Domynyo is licensed to you, not sold.
This License does not give you any title or ownership in Domynyo and should not be construed as a sale, assignment, or transfer of any intellectual property or other rights in Domynyo, the Company, or the Website.
5-Limited Use License:
You shall not and you agree not to do any of the following:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;
Reproduce, made additional copies, distribute, resell or otherwise use the Software for any commercial or non-commercial purposes;
Allow any third party to use the Software on behalf of or for the benefit of any third party;
Use the Software in any way which breaches any applicable local, national or international law;
Use the Software for any purpose in breach of this EULA.
6-User Generated Content (UGC)
Any content that the User creates, generates or makes available by or through the Software, including, but not limited to, buildings, chat posts, character data, skins and similar, items, game customization, in-game constructions and screenshots, is defined as “UGC”. The User hereby grants the Company with the non-exclusive, royalty-free, irrevocable, perpetual, worldwide, transferable and sub-licensable license to exploit, use, copy, modify, adapt, distribute and publicly display the User’s UGC at any time and for any purposes, including commercial purposes, for all methods and forms of exploitation present and future in any country. You shall not -and you shall refrain from- create, generate or make available through the Software any UGC for which you have no right to guarantee the Company with the relevant license. In addition, you shall not create, generate or make available through the Software any UGC that is illegal or that violates or infringes any third-party rights, including intellectual property rights or moral rights, privacy or advertising. The Company reserves the right to cancel any UGC or to make the UGC unavailable at its own sole discretion at any time.
7-Social Media and Game Content
You may upload captions (such as audio, video and screenshots) on social medias (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material shall be uploaded without any editing and provided that it complies with this EULA, the Website Terms of Services, any Supplemental Policy, and it is not in breach of any third party’s right.
8-Feedback
“Feedback” means any feedback or suggestions provided to the Company by the User regarding the Software. In case of transmission of any Feedback to the Company, Domynyo, or the Website, the User grants the Company a non-exclusive, royalty-free, irrevocable, perpetual, transferable, worldwide, and sub-licensable license to reproduce, distribute, modify, prepare derivative works, publicly exhibit, produce, use, sell, offer for sale, import and otherwise exploit the Feedback for any purpose, for all methods and forms of exploitation present and future in any country. The User agrees and accepts that the Company will have no obligation to make use of any Feedback provided by the User. The User agrees that, if the Company elects to use its Feedback, the Company will have no obligation to recognize or compensate the User for its contribution. The User declares and guarantees that it has sufficient rights relating to any feedback provided to the Company, such as to grant the Company and the other interested parties the rights described above. These include, but are not limited to, intellectual property rights and other proprietary or personal rights.
9-Ownership
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Company, Domynyo, the Website and any and all material connected with them (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Software, and any related documentation are owned by the Company or its licensors or licensees.
The Software is protected by national and international laws, treaties and copyright conventions and other texts. The Software may contain licensed material and, in such case, Company’s licensors can protect their rights in the event of any violation of this EULA. Any reproduction or representation of such material under license in any form and for any reason, without the prior consent of the Company and, where applicable, of the licensors and representatives of the Company is prohibited. Except where explicitly established by this EULA, all rights not granted herein to the User are explicitly reserved by the Company.
This License does not confer any title or property on the Software and should not be construed as the sale of any right.
The Company is free to grant licenses to use the above-mentioned rights to third parties.
Domynyo uses the Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere.
10-Assets and Game Currency
During the game you can purchase or obtain assets and game currency. We may offer certain assets within To the Sky that you can buy with real (fiat) currency, including, but not limited to, in-game currency, character skins, mounts and vehicles, digital cards, experience boosts, gear and other customizations for your in-game characters, and other such digital add-on items that may improve your game experience. You may also be able to obtain certain assets and game currency without purchase, such as an in-game award.
You shall purchase game currency and assets only on or through official Domynyo platforms or software we make available to you. Prior to making a transaction, you should make sure you fully understand the agreement that covers your transaction.
We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to game currency, assets or to any purchases, and post those changes in this EULA, in separate terms and conditions, or in other terms or agreements posted on the applicable website or as part of the Software or otherwise provided to you by us. Such modifications, amendments, supplements or terms shall be effective immediately upon posting and shall be incorporated by reference into this EULA. If any change is unacceptable to you, you may terminate this EULA, close any Domynyo account and you shall immediately stop using Domynyo and related services.
Assets and game currency are digital items and your use of them is governed by this EULA. assets and game currency have no monetary value and cannot be redeemed for cash. Virtual goods and game currency are non-transferable and non-tradable, in whole or part, and are not provided for investment purposes. Provided you comply with the terms of this EULA and any official app-store or website agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited license to use any virtual goods or game currency you gain access to, whether purchased or otherwise legally and rightfully obtained, solely in connection with your use of the Software and within the Software (unless we otherwise communicate to you that you may use them in multiple games) and for no other purpose. Unless, expressly permitted by us, you may not trade any such virtual good or game currency with others. We may cancel, revoke, or otherwise prevent the use of virtual good or game currency if we suspect any unauthorized or fraudulent activity, any breach of this EULA, and/or to correct any erroneous application of any virtual goods or game currency to your account.
Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any assets or game currency, including your ability to access or use assets or game currency, without notice or liability towards you.
11-LIMITATION OF LIABILITY. INDEMNIFICATION.
THE SOFTWARE (INCLUDING ANY GAME CURRENCY AND ASSETS) IS PROVIDED “AS IS” AND “AS AVAILABLE”, “WITH ALL DEFECTS” AND WITHOUT WARRANTS OR GUARANTEES OF ANY KIND.
WITHOUT LIMITING ANY OF THE FOREGOING, THE COMPANY DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE DOMYNYO SERVICES OR YOUR ACCOUNT UNDER THE CONDITION THAT ANY DAMAGE OR LOSS WAS NOT INTENTIONAL OR CAUSED DUE TO GROSS NEGLIGENCE BY THE COMPANY. SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, AND THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY.
YOU EXPRESSLY ACCEPT THAT THE USE OF THE SOFTWARE IS AT YOUR OWN RISK AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS AND YOU WILL INDEMNIFY IT FOR ANY IMPROPER USE YOU MAY MAKE OF THE SOFTWARE OR OF RELATED SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMYNYO DISCLAIMS ALL WARRANTIES, EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMYMYO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND LICENSEES, AND THEIR RESPECTIVE OFFICIALS, ADMINISTRATORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSEES AND SUPPLIERS FROM AND AGAINST ANY CLAIMS, LIABILITIES, ANY KIND OF DAMAGES, JUDGMENTS, ARBITRAL AWARDS, LOSSES, COSTS, FEES OR CHARGES (INCLUDING REASONABLE LEGAL FEES) ARISING DIRECTLY OR INDIRECTLY OUT FROM ANY UNAUTHORIZED OR ILLEGAL USE YOU MAKE OF THE SOFTWARE, THE WEBSITE, THE UGC, ANY OTHER SERVICE PROVIDED BY THE COMPANY, OR ON THE UGC, OR FROM VIOLATING THESE EULA.
Limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your particular circumstance.
12-Injunction
Because the Company would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that the Company shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
13-Dispute Resolution and Applicable Law
If a dispute arises between you and the Company, we strongly encourage you to first contact us to seek an amicable resolution. In any case, any dispute arising directly or indirectly out of these EULA, the Website Terms of Service or any Supplemental Policy shall be subject to the exclusive jurisdiction of the Court of Benevento, (Italy). The applicable law shall be Italian Law. Notwithstanding the foregoing, the Company may initiate preliminary injunction proceedings (including the so called “Procedimento per Decreto Ingiuntivo”) before any other competent court at its sole discretion; the Users hereby waive any right to object to such different court.
In the event of a dispute between Users, or between Users and any third party, you agree that the Company has no obligation to be involved. In the event that you have a dispute with one or more other Users, you release the Company, its affiliates, and their respective officers, employees, agents and successors from any claims, demands and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or the Software or related services.
This EULA, the Website Terms of Service and any Supplemental Policy shall be construed, governed, and interpreted under and in accordance with the laws of Italy without regard to its conflict of laws provisions.
14-Collective Action Waiver
The User agrees not to establish or participate in a collective or representative action (e.g. class-actions), a general action with a private lawyer or a collective arbitration in relation to the Software (including any game currency or assets).
15-Termination
This EULA is effective from the date you accept them, or first download or use the Software. The license granted under this EULA is effective until terminated by you or the Company. No further use of the Software of connected services is allowed and shall be immediately terminated upon termination, for any reason, of this EULA.
Your rights under this EULA will terminate automatically without notice from the company if you fail to comply with any term(s) of this EULA, the Website Terms of Service or any Supplemental Policy. You may also terminate the License at any time by destroying the Software and uninstalling it from your computer(s) or other applicable hardware. Upon termination of the license, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
In case the Company releases alpha or beta version of the Software (the “Betas”), you hereby expressly acknowledge and agree that such versions do not represent the final Software and that the Betas may be subject to many limitations, including gameplay functional limitations, bugs, or error in the code, and that the Company is not liable in any case for such limitations or errors. The Company reserves the right to terminate the access to the Betas at any time and with no reason whatsoever or communication to the User without being subject to any liability or to be obligated to compensate the User.
16-No Assignment or Delegation
You are not authorized, without the Company’s prior written consent, to assign, transfer, charge or subcontract all or some of your rights or obligations under this EULA, and any attempt without such consent will be void of validity and effectiveness. If the limitations on the transfer of the Software in this EULA are not applicable under the mandatory laws of your country, then this EULA will be binding on any recipient of the Software. The Company may at any time assign, transfer, charge or subcontract all or some of its rights or obligations under this EULA without providing the User with communication or obtaining its consent.
17-Third Party and Resources
The Software may contain links to third-party websites or resources or ads. We are not responsible for the content, products or services on or available from those websites, third parties, resources or links displayed. You acknowledge to take sole responsibility for and assume all risk arising from your use of any third-party websites, resources, product or service.
18-Miscellaneous
This EULA represents the complete agreement between you and the Company concerning the License and your rights to use the Software, and supersedes all prior agreements and representations, warranties or understandings between you and the Company (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this EULA shall remain in full force and not be affected.
The language of this EULA is English, any translations are provided for reference purposes only.
19-Contact Information
If you have any questions about this EULA please contact us at our Support Email Address: domynyo@domynyo.com