Welcome to Super Bunny Man! Please read these Terms carefully as you are agreeing to these Terms by accessing and using our Game.

1.1 These terms and conditions (Terms) are entered into between Catobyte Limited NZBN 9429046259493 (we, us or our) and you, together the Parties and each a Party.
1.2 We provide a cloud-based video game titled “Super Bunny Man”, which can be identified on the Steam platform via a unique application ID of 673750 (Game).
1.3 In these Terms, you means the person or entity accessing and using the Game.

2.1 You accept these Terms by clicking “I accept”, or accessing or using the Game.
2.2 You must be at least 16 years old to use the Game.
2.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Game after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease accessing the Game.
2.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Game in accordance with these Terms. You acknowledge and agree that the Game is only available for your personal use. All other uses are prohibited without our prior written consent.
2.5 When using the Game, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Game to defame, harass, threaten, menace or offend any person, including using the Game to send unsolicited electronic messages;
(c) tampering with or modifying the Game (including by transmitting viruses and using trojan horses);
(d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Game; or
(e) facilitating or assisting a third party to do any of the above acts.

3.1 We agree to use our best endeavours to make the Game available at all times. However, from time to time we may perform
reasonable scheduled and emergency maintenance, provide updates, patches and other modification (Updates) and the Game may be unavailable during the times we are performing such Updates. We may perform Updates remotely and access the Game located on your device for such purpose, and you hereby grant us the right to perform such Updates.
3.2 You acknowledge and agree that the Game may be reliant on, or interface with third party systems that are not provided by us (for example, the Steam platform) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Game due to a failure of the Third Party Services.
3.3 You must register with Steam to download and use the Game. You acknowledge and agree that your use of the Game is also subject to the Steam Subscriber Agreement and/or any other terms and conditions set forth by Valve Corporation in relation to the Steam platform.
3.4 You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Game, you agree to maintain a backup copy of any data you input into the Game.
3.5 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any Updates that cause the Game to be unavailable.

4.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks), media, manuals, documents or other materials available on the Game, the Game itself, and any algorithms or machine learning models used on the Game, whether or not owned by or licensed to us, (Our Intellectual Property) will at all times vest, or remain vested, in us (or where applicable, our licensors).
4.2 We authorise you to use Our Intellectual Property solely for your limited personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
4.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reverse engineer, reproduce, retransmit, distribute, disseminate, sell, rent, lease, license publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Game, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

5.1 You represent, warrant and agree that:
(a) you will not use our Game, including Our Intellectual Property, in any way that competes with our business;
(b) you will only access and use the Game on one device at a time;
(c) to abide by the safety information, maintenance instructions or relevant notices contained in any manual or other documentation included with the Game;
(d) there are no legal restrictions preventing you from entering into these Terms;
(e) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
(f) you have not relied on any representations or warranties made by us in relation to the Game (including as to whether the Game is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

6.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Game License clause and the Intellectual Property clause of these Terms;
(b) neither Party will be liable for Consequential Loss;
(c) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Game to you.

7.1 Should we suspect that you are in breach of these Terms, we may suspend your access to the Game while we investigate the suspected breach. Should we determine that you are in breach of these Terms, your access to the Game will be terminated immediately.

8.1 Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
8.2 Disputes: If any dispute or claim (including any question regarding its existence, validity or termination) arises out of or in connection with this Agreement (Dispute), either Party may issue a notice to the other Party outlining the dispute or claim (Notice of Dispute). Within 14 days of a Notice of Dispute, the Parties must meet in good faith and to resolve the Dispute by negotiation or such other means as they mutually agree. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may:
(a) where the Parties are both located in New Zealand, refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the New Zealand Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties; and
(b) where either Party is located outside of New Zealand, refer the matter to arbitration administered by the New Zealand International Arbitration Centre (NZIAC), with such arbitration to be conducted in Auckland, New Zealand, in English and in accordance with the NZIAC Arbitration Rules. The costs of the arbitration will be shared equally between the Parties and the determination of the arbitrator will be final and binding.
8.3 Entire Terms: These Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
8.4 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
8.5 Governing law: This Agreement is governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
8.6 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you download the Game. Any notice may be sent via the Game, by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission via the Game or by email.
8.7 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

9.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
9.2 Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
9.3 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:
Catobyte Limited NZBN 9429046259493
Email: info@Catobyte.com

Last update: 1 March 2022
© LegalVision NZ Limited