LAZERPANTS TERMS OF USE
Last Modified on December 19th, 2017
IMPORTANT: PLEASE READ THE TERMS OF USE CAREFULLY BEFORE CONTINUING TO USE
THIS GAME OR ASSOCIATED SERVICES.
THIS AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED
STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT
YOU MAY HAVE WITH US. READ IT CAREFULLY.
This Terms of Use (the “Agreement”) is a legal agreement between You, as an individual, and Lazerpants
Studios LLC (“Lazerpants”), a New York limited liability company. It governs your access to, conduct in, and
other terms and conditions relating to our operation and your use of the interactive experience known as “The Z
Axis: Continuum” (the “Game”), which also includes: (i) any associated software components and any mobile
applications; (ii) the Game’s website (located at www.lazerpantsstudios.com/the-z- axis-- continuum.html) and
the Lazerpants website (located at www.lazerpantsstudios.com) (the “Sites”); (iii) social components (such as,
but not limited to, Game-related on-line communities, forums, user-to- user communication, and chat rooms on
itch.io, Steam, and Discord); (iv) virtual resources, goods, and services; and (v) other related elements that may
be added from time to time.
Platform Holders
Even though you may have purchased or licensed the Game through Microsoft, Sony, Valve, or another
company’s platform or digital storefront (collectively, the “Platform Holders”), no Platform Holder is a party to
this Agreement, nor do they have any obligations to you in connection to the Game.
This Agreement does not purport to govern or change, in any way, your relationship with Microsoft or other
Platform Holders under their applicable agreements with you, including, but not limited to, the Xbox Live terms
of use.
The Agreement
By using the Game, you agree to be bound by the terms of this Agreement. This Agreement represents the entire
agreement concerning the Game between you and Lazerpants, and it supersedes any prior representation or
agreement between us. If you do not agree to the terms of this Agreement, you are not authorized to access,
download, or otherwise use the Game.
Lazerpants reserves the right to update or change this Agreement at any time, by posting the most current
version of the Agreement on the Sites or within the Game, with a new Effective Date shown. All such changes
in the Agreement are effective from the Effective Date. Your continued use of the Game after we post any such
changes signifies your agreement to those changes. If you do not agree to the then-current Agreement, you must
immediately discontinue using the Game.
The Game is protected by international copyright laws, as well as other intellectual property laws and treaties.
As between you and Lazerpants, the Game is the sole and exclusive property of Lazerpants. You will not
acquire any rights to the Game, or any individual elements of the Game, through your use.
Your use of the Game is solely controlled by this Agreement. The Game is licensed, not sold.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY
PRIVILEGES ASSOCIATED WITH THE GAME, AS DETAILED BELOW.
Grant of License
The Game is licensed to you by Lazerpants for personal, noncommercial use on your personal computer or other
authorized devices. All other uses are prohibited.
Regarding your other rights and limitations, you agree to the following:
You agree not to remove or alter any copyright or trademark notices that appear anywhere within the
Game.
You may not reverse engineer, decompile, or disassemble the Game, or take any steps to recreate of
recover the source code of the Game and waive any right to do so.
You may not rent, lease, or lend the Game, or offer it for any commercial use or purpose.
The license granted hereunder is non-transferable. The Game is licensed for your use only and only on a
personal computer or other authorized device. You may not distribute the Game to any third party.
User Generated Content
Any content which you and other users post or contribute, or the Game or containing elements of the Game is
generally known as “user generated content” or “UGC” for short. This includes, but is not limited to, any forum
posts, chats, comments, suggests, video footage, screen captures, or streams recorded of the Game.
By posting UGC, you represent you are the owner of the UGC, and give Lazerpants permission to use, re-use,
copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce,
communicate to the public and to make your UGC otherwise available in any form or by any media (whether
now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world.
Lazerpants is the sole owner of any derivative works created by Lazerpants from your UGC, and is entitled to
grant licenses to these derivative works.
By way of example only, this will include permission to: make your UGC available through the Game to other
users; display UGC as part of contests, promotions, or in advertising the Game.
Additionally, you grant unlimited, non-terminable and free permission to every other user of the Game to use all
or any part of your UGC for non-commercial purposes for the duration of the Game.
Acceptable Use Policy
You agree that you will not engage in any conduct or communications, in connection with the Game and User
Generated Content, which:
is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive,
pornographic, or which in any manner could give rise to any civil or criminal liability under applicable
law;
could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any
other intellectual property or personal right of any person or entity;
is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color,
gender, age, religion, national origin, disability, sexual preferences, or gender identity;
constitutes spam (sending the same message multiple times or to multiple people will be treated as
spam);
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or
activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all
users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct
or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually
provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or
discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive,
or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone;
restricts, inhibits, or discourages any other user from using the Game or contains a virus or other
harmful component;
hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other
unauthorized third-party software designed to modify the experience of the Game;
violates any local, state, federal or international laws or gives rise to civil liability;
violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights
of privacy or publicity, defamation or any other proprietary right);
imposes an unreasonable or disproportionately large load on the Game or otherwise interferes with the
Game;
specifies or claims that that you are affiliated with Lazerpants when you are not;
requests account login information from other players;
“spoofs” (use of any means to disguise your online identity or alter original attribute information);
uses or possesses programs to “crack” the Game or other Internet security tools;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data,
or any other similar software or programs that may damage or inhibit the operation of the Games;
restrict or inhibit any user from using and enjoying the Game; or
anything else that Lazerpants, in its sole discretion, deems harmful to the Game or to Lazerpants’
integrity or business.
Virtual Currency and Items
You may have the option to purchase virtual currency, virtual items, and virtual collectables for the Game
(collectively “Virtual Items”) either with real-world money or earned in-Game through rewards and objectives.
The amount and characteristics of these Virtual Items may be changed or altered at any time by Lazerpants, and
Lazerpants may take away or award Virtual Items in its sole discretion. The Virtual Items have no real-world
value, and cannot be traded or exchanged.
Your election to make a purchase with real currency will be an offer to Lazerpants to purchase at the prices and
on the terms set forth herein and in the Game. Completion of the transaction will constitute Lazerpants’
acceptance of your offer. Lazerpants will have no liability resulting from any failure of any transaction to be
completed. No transaction will be deemed completed until Lazerpants has received payment from the payment
processor for the Virtual Items that are the subject of the applicable transaction.
Ownership of Accounts and Virtual Items
You may not buy, sell, give, or trade any account, nor attempt to buy, sell, give, or trade any account.
Lazerpants owns, has licensed, or otherwise has rights to all the content that appears in the Game.
You agree that you have no right or title in or to any account or Virtual Items appearing or originating in
the Game.
Lazerpants does not recognize any purported transfers of Virtual Items executed outside of the Game, or
the purported sale, gift or trade in the “real world” of anything that appears or originates within the
Game.
Virtual Items that may be originally acquired by “farming” are subject to confiscation by Lazerpants.
Virtual Items and account data have no value outside of the Game.
You may not sell Virtual Items for “real” money, or exchange those Virtual Items. Under no
circumstances will refunds be given for Virtual Items.
All sales of Virtual Items are final when the transaction has been processed.
Public Content; No Expectation of Privacy
You agree that there is no expectation of privacy in connection with your interactions with other users in and
through the Game.
You further agree that the content of any messages or other communication sent within the Game, whether in or
through chat rooms, forums, direct user-to- user communication, or by other means, is the property of Lazerpants
and may be accessed, reproduced, or distributed by Lazerpants as they see fit. Lazerpants will fully cooperate
with law enforcement and other governmental entities in policing the content of the Game.
Support Services
Lazerpants may in its sole discretion provide you with support services related to the Game (“Support
Services”). Lazerpants is not required to provide Support Services unless otherwise required by applicable law.
No failure to provide, or to continue to provide, Support Services will be a default of Lazerpants under this
Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as
part of the Game, as between you and Lazerpants will be and remain the sole property of Lazerpants, and will be
subject to the terms and conditions of this Agreement.
Lazerpants support may be reached by contacting us via email at jamie@lazerpantsstudios.com. The Platform
Holders have no obligation whatsoever, under any circumstances, to furnish any maintenance or Support
Services with regard to the Game. You agree that you will look solely to Lazerpants for Support Services.
Term, Termination, Modification
The term of this Agreement will commence upon your download of or access to the Game, and will continue for
as long as you have any copies of the Game in your possession or control. Without prejudice to any of its other
rights, Lazerpants may unilaterally terminate or modify this Agreement at any time and for any reason (or for no
reason), with no notice to you.
For example, but not in limitation, Lazerpants may elect to terminate this Agreement and your rights in
connection with the Game if Lazerpants, in its sole determination, discontinues the Game, stops supporting or
maintaining the Game, ceases to provide updates, no longer offers the Game for license, or believes you have
failed to comply with the terms and conditions of this Agreement.
In the event of termination arising from discontinuation of the Game by Lazerpants, no refunds will be given for
outstanding Virtual Items. In the event of termination arising from your failure to comply with the terms of the
Agreement: (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the
Game in your possession. If modification of the Agreement by Lazerpants materially affects your rights in
connection with the Game, which Lazerpants will determine in its sole discretion, Lazerpants may, but is not
obligated to, notify you by sending an email message to your last email address known to Lazerpants or through
the Game. Lazerpants will have no liability if you do not receive Lazerpants’ notification.
Termination of this Agreement by you can only occur after the deletion of all copies of the Game in your
possession, and by deleting your account (if any) by notifying customer support at
jamie@lazerpantsstudios.com.
Copyright
As between you and Lazerpants:
all title, including but not limited to copyrights, in and to the Game and any copies of the Game, and any
content created by you in or in connection with the Game (such as, but not limited to the contents of any
chats, user-to- user communication, and other text) are owned by Lazerpants
all title and intellectual property rights in and to the content which may be accessed through use of the
Game is the property of Lazerpants and may be protected by applicable copyright or other intellectual
property laws and treaties
all title, including but not limited to copyrights, in and to Virtual Items that may accrue to you through
use of the Game, and any copies of the Game, whether or not acquired with consideration, are owned by
Lazerpants, provided for entertainment purposes only for your exclusive use only in connection with the
Game. These Virtual Items may not be sold, bartered, or traded without the consent of Lazerpants. No
property or other proprietary rights in or to Virtual Items will accrue to you under any circumstances.
This Agreement grants you no rights to use such content except in and in connection with the Game, as
expressly and unambiguously set forth herein.
All rights not expressly granted are reserved by Lazerpants.
Digital Millennium Copyright Act Compliance
If you are a copyright owner, or an agent of a copyright owner, and believe that any content in the Game
infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act
(“DMCA”) to us at jamie@lazerpantsstudios.com with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled and information reasonably sufficient to
permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NO WARRANTIES
Lazerpants expressly disclaims any warranty in, to, or for the Game. The Game is provided ‘As Is’ and ‘Where
Is’ without any express or implied warranty of any kind.
LAZERPANTS AND THEIR LICENSORS EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT OF
THE LAW, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
THE ENTIRE RISK ASSOCIATED WITH OPERATION OF THE GAME IS ASSUMED BY YOU.
NEITHER LAZERPANTS NOR THEIR LICENSORS WARRANT OR ASSUME RESPONSIBILITY FOR
THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR
OTHER ITEMS CONTAINED WITHIN THE GAME. LAZERPANTS MAKES NO WARRANTIES
RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER
VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.
LAZERPANTS FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO
ANY THIRD PARTY WHO MAY OPERATE OR OTHERWISE UTILIZE THE GAME. LAZERPANTS
CANNOT GUARANTEE THE INTEGRITY OF THE GAME OR THAT IT WILL BE FREE FROM
ATTACKS BY THIRD PARTIES THAT MAY RESULT IN INCOMPLETE OR ERRONEOUS RESULTS
FROM OPERATION, OR DAMAGE TO HARDWARE DEVICES IN WHICH THE GAME IS LOADED
AND OPERATING.
LIMITATION OF LIABILITY
IN NO EVENT WILL LAZERPANTS OR THEIR LICENSORS BE LIABLE FOR ANY DAMAGES
(INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION)
RISING OUT OF USER ACTIONS, USER COMMENTS, YOUR USE OF, OR INABILITY TO USE, THE
GAME, OR THE USE OR INABILITY TO USE THE GAME BY ANY THIRD PARTY THAT MAY HAVE
ACCESS TO THE GAME BY OR THROUGH YOU, EVEN IF LAZERPANTS OR THEIR LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO
WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR
OTHERWISE.
NEITHER LAZERPANTS NOR THEIR LICENSORS HAVE ANY LIABILITY WITH RESPECT TO USER
CONDUCT, UGC, THE CONTENT OF THE GAME OR ANY PART THEREOF, INCLUDING BUT NOT
LIMITED TO, ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF
RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL
INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL
INFORMATION. THE LIMITATION OF LIABILITY SET FORTH HEREIN MAY NOT BE
ENFORCEABLE IN CERTAIN JURISDICTIONS, OR UNDER CERTAIN CIRCUMSTANCES, AS A
MATTER OF LOCAL LAW, AND IS NOT INTENDED TO REPLACE OR SUPERSEDE LOCAL LAW.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar
provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general
release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Privacy Policy
Lazerpants reserves the right to track and report your activity inside the Game and our other software
applications for analytical purposes. Lazerpants cautions you against giving out any personally identifying
information about yourself, your children, or any other person in the Game.
In an effort to preserve your privacy, Lazerpants agrees that it will treat any personally identifying information
that you submit through the Game in accordance with the terms outlined in its Privacy Policy located at http://www.lazerpantsstudios.com/privacy-policy.html.
Disclosures Required by Law
Lazerpants reserves the right at all times to disclose any information, including personally identifiable
information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental
request. Lazerpants reserves the right to fully cooperate with any law enforcement authorities or court order
requesting or directing Lazerpants to disclose the identity of anyone publishing or otherwise making available
any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD
LAZERPANTS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
LAZERPANTS DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LAZERPANTS OR LAW
ENFORCEMENT AUTHORITIES.
Dispute Resolution and Governing Law
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this
Agreement is governed by and will be construed under the laws of the state of New York, USA, without regard
to its conflict of law provisions and, except as noted below in the Section below entitled “Binding
Arbitration,” you agree to submit to the exclusive jurisdiction of the courts of Suffolk County, NY, USA to
resolve all disputes related to this Agreement.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY
JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
YOUR USE OF THE GAME OR THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT.
Binding Arbitration
Arbitration Procedures
You and Lazerpants agree that, except as provided in the Section labeled Exceptions to Arbitration below, all
disputes, controversies, and claims related to this Agreement (each a “Claim”), will be exclusively resolved by
binding arbitration. This arbitration may be initiated by either party by sending a written notice requesting
arbitration to the other party.
Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted
under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is
initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between
the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration
Section will control.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state, or local
laws in an arbitration action. As part of the arbitration, both you and Lazerpants will have the opportunity for
discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written
statement of their decision, the award given, and the arbitrator’s findings on which their decision is based.
The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act
and determined by a court, rather than an arbitrator. Except as otherwise provided in this Agreement:
you and Lazerpants may litigate in court to compel arbitration, stay proceedings pending arbitration, or
confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and
the arbitrator’s decision will be final, binding on all parties, and enforceable in any court that has
jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND
LAZERPANTS WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Location
The arbitration will be conducted in Suffolk County, NY, unless the Parties agree to video, phone, or internet
connection appearances.
Limitations
You and Lazerpants agree that any arbitration will be limited to the Claim between Lazerpants and you
individually.
YOU AND LAZERPANTS AGREE THAT
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A
CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A
PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND
NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration
You and Lazerpants agree that the following Claims are not subject to the above provisions concerning binding
arbitration:
any Claim seeking to enforce or protect, or concerning the validity of, any of your or Lazerpants’s
intellectual property rights;
any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized
use; and
any claim for equitable relief.
In addition, either Party may assert an individual action in small claims court for Claims that are within the
scope of such court’s jurisdiction in lieu of arbitration.
Arbitration Fees
The Party initiating arbitration will need to pay the JAMS arbitration initiation fee. All other fees and costs of
the arbitration will be charged pursuant to the JAMS Rules.
Severability
You and Lazerpants agree that if any portion of this Section is found illegal or unenforceable, that portion will
be severed and the remainder of this Binding Arbitration Section will be given full force and effect.
Miscellaneous Terms
Entire Agreement
This Agreement constitutes the entire agreement between you and Lazerpants and governs the terms and
conditions of your use of the Game, and supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and Lazerpants with respect to the Game.
Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies
(including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase
certain elements of the Game, Affiliate or advertiser services, third-party content or third-party software.
Contact
By your consent in this Agreement, Lazerpants may contact you for any of the following, by example and not by
limitation: information you provided in relation to billing; responses to user inquiries; order processing;
promotions; or in requesting feedback.
No Waiver
The failure of Lazerpants to exercise or enforce any right or provision of this Agreement will not operate as a
waiver of such right or provision. Any waiver of this Agreement by Lazerpants must be in writing and signed by
an authorized representative of Lazerpants.
Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will
be modified to reflect the parties’ intentions in the provision or severed, if such modification is not possible, and
the other provisions of this Agreement remain in full force and effect.
Section Titles
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
No Partnership
Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer,
employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or
authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any
kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that
each will remain independent contractors responsible for its own actions.
Violations
Please report any violations of this Agreement to Lazerpants at jamie@lazerpantsstudios.com.
Copyright © Lazerpants Studios LLC. All rights reserved.