Beta Test Terms of Service
Last Updated: November 12, 2020
Supercolony Inc. Terms of Service (“Agreement”)
Thank you for your interest in the Catopia: Rush Beta! The Beta Test lets you participate in testing and providing feedback for the game. To participate in the Beta Test you must download Catopia: Rush Beta from Google Play Store.
Beta Tester Agreement
Supercolony, Inc. (“Supercolony”, “Company”, “us” or “we”), a California company located at 34 Executive, Suite 270, Irvine, California, CA 92614, is planning to conduct a beta testing for Catopia: Rush Beta (“Catopia: Rush” or “Service”).
Please read and agree to the following terms and conditions, if you wish to be eligible to participate in the Beta Testing.
BY SELECTING THE “ACCEPT” BUTTON IN THE GAME, YOU ACKNOWLEDGE THAT: (1) YOU ARE 13 YEARS OF AGE OR OLDER, AND IF YOU ARE BETWEEN AGE 13 and 18, YOU HAVE OBTAINED CONSENT FROM YOUR PARENT OR GUARDIAN; AND (2) YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. GENERAL TERMS AND CONDITIONS
“Agreement” refers to this Beta Tester Agreement and any exhibits, attachments, or schedules attached hereto, which must be accepted by a Beta Tester prior to his or her participation in the Beta Test.
“Beta Test(ing)” refers to the Beta Testing of Catopia: Rush Beta®.
“Beta Tester” refers to each individual for participation in the Beta Testing, and a parent or legal guardian, where applicable.
“Community” refers to social media channels and bulletin boards that Beta Testers will be using to communicate with each other online.
“Company” refers to Supercolony, Inc., or its affiliates, employees, agents, or designees.
“Documentation” refers to all printed materials, such as a manual, accompanying or otherwise associated with the Software and the Beta Testing.
“Others” refers to any third party other than the Company or the said Beta Tester (including, but not limited to, other Beta Testers and people other than Beta Testers), regardless of where the third party is located.
“Product” refers to Catopia: Rush Beta.
“Software” refers to one or more computer programs, in object code form, provided by Company on CDs, DVDs, Blu-Ray discs, or as downloadable files, which may include, among other things, the Product.
1.2 Compliance with this Agreement
The Beta Tester shall comply with this Agreement and all other rules and instructions issued by Company, at all times while participating in the Beta Test and in any online activities related to or arising out of the Beta Test.
1.3 Notice and Change of Rules, Terms, and Conditions
The Company reserves the right to amend the content of this Agreement in its sole discretion without prior notice to any Beta Tester. Any rules provided to the Beta Testers by the Company, by e-mail or any other method will be considered a part of this Agreement. Notices of any amendments to this Agreement will be effective upon sending or posting, as the case may be.
A Beta Tester’s continued participation in this Beta Testing after notification of any amendments to this Agreement will be an indication that the Beta Tester has read and agreed to the amendments. It shall be the Beta Tester’s responsibility to check emails and postings regularly for any amendments.
1.4 The Term and Termination of the Agreement
This Agreement shall be effective as of the date that the Beta Tester accepts the terms and conditions of this Agreement in the manner described herein and shall continue to be in effect until the Company terminates this Agreement, cancels the Beta Testing, or the Beta Testing ends, whichever occurs first.
Company may terminate this Agreement and the Beta Test at any time, for any or no reason, and without notice. Although the Company has the absolute right to terminate this Agreement at any time, for any reason, and without notice, Beta Tester acknowledges that any of the following circumstances will result in Company’s decision to terminate this Agreement: (a) Beta Tester violates any terms or conditions of this Agreement or any other agreements between Beta Tester and Company; (b) Beta Tester infringes or attempts to infringe any of Company’s intellectual property rights; or (c) Beta Tester is judged by Company, in its sole discretion, to be unsuitable to participate in the Beta Testing.
Upon the termination of this Agreement, cancellation of the Beta Testing, or at the end of the Beta Testing, Beta Tester shall immediately cease all use of the Products, Software, Documentation, Confidential Information, and other information and materials supplied to Beta Tester by Company and shall promptly return to Company all such information and materials in Beta Tester’s possession or control. If Beta Tester downloaded the Software, the copy must be permanently deleted from Beta Tester’s device.
2. BETA TESTER’S RESPONSIBILITIES AND OBLIGATIONS
2.1 General Responsibilities of Beta Tester
Beta Tester shall participate responsibly in the Beta Test. The Beta Tester shall be liable for any damages, costs, or expenses incurred by others or Company arising directly or indirectly from Beta Tester’s participation in the Beta Test.
Beta Tester understands and agrees that the use of the Products, Software, Documentation, and other materials supplied to Beta Tester by Company shall only be used for the purpose of Beta Testing by Beta Tester. Any other use is strictly prohibited.
2.2 Beta Tester’s Responsibility for Managing ID and Password
Beta Tester shall not allow Others to use his or her assigned ID and the password. Beta Tester shall be responsible and liable for any damages that arise, directly or indirectly, from the use of Beta Tester’s ID and Password by Others whether such information was passed to Others intentionally or unintentionally.
2.3 Beta Tester’s Obligations with Respect to Company’s Proprietary Rights
The Beta Tester shall report to Company, by methods set forth by Company, any impediment of Software or unfavorable conditions in the usage environment or the like, that the Beta Tester encounters while participating in the Beta Testing. All of the Beta Tester’s feedback, opinions, comments, and suggestions shall be Company’s sole and exclusive property.
Subject to the terms and conditions set forth in the Agreement, Beta Tester is hereby granted a limited, personal, revocable, non‑exclusive, non‑sublicensable, non‑transferable license, during the term of this Agreement, to use a single, object‑code copy of the Software, and a single copy of the Documentation, all as supplied to Beta Tester by Company, solely for purpose of Beta Tester’s participation in the Beta Testing as directed by Company.
Beta Tester shall be solely responsible for management of the Software and the Documentation, and shall use his or her best efforts to prevent unauthorized use thereof or access or damage thereto.
As between Company and Beta Tester, Company shall retain all right, title, and interest in and to the Products, Software, Documentation, and Confidential Information, including any and all intellectual property rights embodied therein and related thereto and any and all authorized or unauthorized derivative works thereof, including, but not limited to, any and all data, information, and other content generated by Beta Tester’s participation in the Beta Test, including Recorded Data (as defined in Section 3.2 below), and all comments, suggestions, opinions, and feedback provided by Beta Tester to Company.
This license permits Beta Tester to use the Software on a single Android device. Any additional or expanded use shall constitute a violation of the Agreement.
For the avoidance of doubt, Beta Tester shall not have any right to transfer, loan, sell, lease, or otherwise make available to Others, or give consent to Others to use, directly or indirectly, any Products, Software, Documentation, Confidential Information, or other information or materials supplied to Beta Tester by Company in connection with the Beta Test. Furthermore, Beta Tester shall not have any right, directly or indirectly, to reproduce or create derivative works of any Products, Software, Documentation, or other materials supplied to Beta Tester by Company in connection with the Beta Test. Nothing in this Agreement grants or confers, or shall be construed to grant or confer, any rights in the Products, Software, Documentation, Confidential Information, or other information or materials supplied to Beta Tester by Company, expressly or by implication, except the express limited rights set forth herein.
2.4 Beta Tester’s Responsibility for Expenses
Beta Tester shall be responsible for providing and paying for any and all expenses other than items described herein that Company shall provide, including but not limited to any and all fees for internet access, that may be necessary for participation in the Beta Test. However, you can request for a purchase withdrawal if you have purchased any virtual goods or currencies in cash within 48 hours through Google Play. Follow these instructions.
3. INFORMATION MANAGEMENT
3.1 Management of Personal Information
3.2 Accumulated Data during Testing Period
ALL DATA GENERATED DURING THE BETA TEST BELONGS TO COMPANY. DATA ACCUMULATED BY BETA TESTER DURING EARLY PHASES OF BETA TESTING WILL NOT BE TRANSFERRED, IN WHOLE OR IN PART, OVER TO THE PUBLICLY RELEASED VERSION OF CATOPIA: RUSH BETA OR ANY OTHER SUBSEQUENTLY LAUNCHED ONLINE SERVICE. COMPANY RESERVES THE RIGHT TO CHANGE THIS PLAN AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE.
3.3 Deletion of Information
All information and data supplied by the Beta Tester through his or her use of the Product and related services (including, but not limited to, Community) in connection with the Service (such information and data are referred to herein, collectively, as the “Recorded Data”) shall comply with this Agreement, as well as any Company rules set forth in the Product, or other service.
The Company reserves the right in its sole discretion to delete, alter, or relocate Recorded Data at any time, for any reason or no reason, and without notice. Beta Tester acknowledges and agrees that the occurrence of any of the following events, without limitation, will lead to a decision by Company to delete all, or a portion, of the Recorded Data:
When the Recorded Data exceeds the memory capacity.
When the Recorded Data violates this Agreement or the Company’s rules set forth in the applicable service.
When the Company, in its sole discretion, determines such deletion to be necessary for operating, maintaining, and managing the Service.
When the Company, in its sole discretion, determines it to be an impediment to providing the Service.
When the Company, in its sole discretion, determines that communication of the Recorded Data is inappropriate.
When the Company, in its sole discretion, determines it to be necessary for other reasons.
Company will not be responsible or liable in any way for any damages, costs, or expenses that arise directly or indirectly from the deletion, alteration, or relocation of Recorded Data, including any portion thereof.
3.4 Perusal of Information
The Company reserves the right to freely peruse the information, data, etc. that is sent, received, and exchanged between Beta Testers, including Recorded Data, when the Company, in its sole discretion, determines it to be necessary.
4. GENERAL MATTERS OF OPERATION
4.1 Commission of Beta Test Operation
The Company reserves the right, in its sole discretion, to transfer its rights and duties, entirely or in part (including any accompanying personal information) regarding the operation of Beta Testing to Others or commission the operation of Beta Testing, entirely or in part, to Others.
4.2 Change in Beta Test Content
Company may change the content or terms of the Beta Test at any time without prior notice to Beta Tester.
4.3 Temporary Interruption of Beta Test
Company makes no assurances about the operation or availability of the Beta Test, and the Beta Test may be subject to periods of interruption or unavailability. Company shall have no obligation to take any measures to correct or otherwise address or remedy the reasons for such interruptions or unavailability.
5. NO WARRANTY; LIMITATIONS ON LIABILITY; INDEMNIFICATION
PLEASE READ CAREFULLY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, OR ANTICIPATORY PROFITS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) CAUSED OR ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY, BY THE BETA TEST, THE PRODUCT, SOFTWARE, DOCUMENTATION, OR ANY OTHER INFORMATION, MATERIALS, OR SERVICES PROVIDED TO BETA TESTER OR OTHERS IN CONNECTION WITH THE BETA TEST, AND BETA TESTER WILL INDEMNIFY AND HOLD COMPANY HARMLESS FROM SAME. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
THE PRODUCTS, SOFTWARE, DOCUMENTATION, AND ANY OTHER INFORMATION, MATERIALS, OR SERVICES PROVIDED TO BETA TESTER OR OTHERS IN CONNECTION WITH THE BETA TEST ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER.
BETA TESTER ACKNOWLEDGES THAT THE PRODUCT AND SOFTWARE ARE CURRENTLY UNDER DEVELOPMENT AND TESTING BY COMPANY. COMPANY DESIRES TO OBTAIN INPUT FROM BETA TESTER TO ASSIST COMPANY IN ITS ONGOING DEVELOPMENT OF THE PRODUCT AND SOFTWARE. ACCORDINGLY, THE PARTIES ACKNOWLEDGE THAT THE PROGRAMS LIKELY CONTAIN “BUGS” AND OTHER ERRORS THAT COULD ADVERSELY AFFECT THE USE OR PERFORMANCE OF THE PRODUCT AND SOFTWARE; AND BETA TESTER SHOULD TAKE EXTRA CARE IN PRESERVING ITS PRE-EXISTING DATA ON BETA TESTER’S EQUIPMENT IN ORDER TO AVOID ANY LOSS OF DATA AS A RESULT OF USING THE PRODUCT AND SOFTWARE.
Company will not be responsible for any loss, damages, costs, or expenses incurred by Beta Tester or Others whatsoever relating to or arising out of the Beta Test or the use of the Products, Software, Documentation, or any other information, materials, or services in connection with the Beta Test, including but not limited to any loss, damages, costs, or expenses due to termination of the Beta Test or Beta Tester’s failure to report changes in Beta Tester information in accordance with this Agreement and shall not be obligated to compensate Beta Tester or Others for such losses, damages, costs, or expenses.
Company shall not be liable for any loss, damages, costs, or expenses incurred by the Beta Tester or Others due to the use of any account and the corresponding password being used by Others, regardless of the existence of willful fault.
Company does not warrant against errors in the Product or Software, that the Product or Software are virus‑free environments, or that Beta Testers will experience safe, reliable, or error-free progression of games.
Without limiting the foregoing, Company will not be responsible for any violation of United States or other International law on the part of the Beta Tester, and Beta Tester shall indemnify and hold Company harmless from and against any and all claims, damages, losses, costs, or expenses incurred by Company as a result of any such violation.
TESTING, FUNCTIONS, FEATURES, SERVICES, CONTENT, AND VARIOUS DATA PERFORMED OR PROVIDED IN CONNECTION WITH THE BETA TEST ARE STILL IN DEVELOPMENT AND THEY MAY DIFFER FROM THE COMMERCIAL VERSION OF THE PRODUCT OR FROM ANY SUBSEQUENT VERSION OF ANY PRODUCT. COMPANY MAKES NO PROMISES OR ASSURANCES REGARDING FEATURES, FUNCTIONS, SERVICES, CONTENT, OR DATA IN ANY SUBSEQUENTLY RELEASED PRODUCTS.
BETA TESTER SHALL DISPOSE AND RESOLVE, BY THEIR OWN RESPONSIBILITY AND EXPENSE, ANY INQUIRIES, CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, OR EXPENSES FROM OTHERS OR REQUESTS, QUESTIONS, OR CLAIMS AGAINST OTHERS RELATED TO OR ARISING OUT OF THE BETA TEST OR BETA TESTER’S OR OTHER’S PARTICIPATION IN THE BETA TEST, INCLUDING BUT NOT LIMITED TO BETA TESTER’S AND OTHER’S USE OF THE SERVICE. BETA TESTER SHALL INDEMNIFY AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL SUCH INQUIRIES, CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, OR EXPENSES.
6.1 Limited Support
Commercial, technical, and user support will be provided for the Beta Test but only on a limited basis and may be suspended by Company or its designated agents at any time with or without advance notice. All bug reports should be promptly submitted to Company, following the designated reporting format.
6.2 Governing Law and Venue
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, excluding its conflict of law rules and principles. The California state courts located in Los Angeles County and the U.S. District Court for the Central District of California shall have exclusive jurisdiction to determine the validity, construction, and performance of this Agreement and the legal relations between the parties hereto and venue in such courts shall be proper. Beta Tester hereby irrevocably submits to the jurisdiction of any such state or federal court in any action or proceeding brought to enforce or otherwise arising out of or relating to this Agreement.
If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
6.4 Entire Agreement
This Agreement and any and all related exhibits, attachments, and schedules hereto and thereto, constitutes the entire Agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments, and understandings of the parties, all of which are merged herein.
THANK YOU FOR TAKING THE TIME TO READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. FOR PARTICIPANTS UNDER 18, THE PARENT OR GUARDIAN MUST READ THESE TERMS AND CONDITIONS AND PROVIDE CONSENT.
7. Questions & Contact Information
Questions or comments about the Service may be directed to us at the email address