Beyond Blue is a game offered by E-Line Media (“we” or “us”). The following sets forth the terms (“Terms”) under which we make Beyond Blue available to you, the user of the game (“user” or “you”).

The terms “Beyond Blue,” the “game” or the “app” refer to the game Beyond Blue, including its various editions across all devices and platforms, as well as the game’s website located at www.beyondbluegame.com.

These Terms are effective as of August 21, 2019.

Applicability

The full Terms between you and us comprise

• Beyond Blue Terms of Service (this document);

• Privacy Policy.

PLEASE READ ALL THE TERMS BETWEEN YOU AND US BEFORE USING THE GAME. By installing or using the game, or by clicking a box that states that you accept these Terms, you signify your agreement to the full Terms, including those contained in the applicable documents described above, which are incorporated herein by reference. If you do not agree to the Terms, you may not use Beyond Blue and should discontinue your use of the game immediately.

These Terms may be updated at any time in our discretion by posting the amended terms here. Your use of the game after we post any changes to these Terms constitutes your agreement to those changes. E-Line may, in its sole discretion, elect to warn you if you have been found in violation of these Terms and retains the right and may at any time, discontinue or modify the game or any part thereof, or may discontinue or modify your use of the game, with or without notice to you at any time. You agree that you do not have any rights in the game and that your use of the does not create any such rights in the game. E-Line will have no liability to you if the game is modified, discontinued or your ability to access it is terminated.

Ownership of Content

All intellectual property associated with Beyond Blue is the property of E-Line Media or its respective rights holders ALL RIGHTS RESERVED. Your usage of Beyond Blue does not confer upon you any ownership or intellectual property rights to Beyond Blue. All trademarks, service marks, trade names and logos used in connection with Beyond are trademarks or registered trademarks of E-Line and its partners and affiliates in the United States and / or other countries. They may not be used without our prior express written permission.

All other trademarks and logos that may appear in the game are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.

Authorized Usage of Beyond Blue

You agree to use the game for your own personal, noncommercial purposes ONLY (for example learning, entertainment and your personal enjoyment). If you are a student, faculty or staff member of an accredited educational institution or registered 501(c)(3) charitable organization, you agree to use the game for these or other educational, noncommercial purposes ONLY.

Video Policy

You may create, post, livestream or monetize creative video content featuring the game, for example walkthroughs, “Let’s Play” videos and reviews. You may do so without obtaining our express permission provided

• You do not take assets from our game (for example images, music or sound effects) and distribute them separately;

• You do not represent a relationship of affiliation, authorization by or official connection with us or the game that does not exist;

• Your content does not incorporate footage or other material from an alpha, beta or other pre-release version of the game;

• You do not upload, livestream, distribute or otherwise publicly make available such content prior to the game’s official release date for the platform(s) your content features;

• Your content does not violate the intellectual property rights of any third party, for example by incorporating unlicensed third-party music or video footage.

Additionally, your content must include your own original creative contribution beyond the material from the game. For instance, simply reposting our trailers, in-game videos, advertisements or non-dynamic in-game footage is not permitted.

Failure to abide by these guidelines may result in us taking action to have your content removed.

Prohibition on Redistribution and Resale

You agree that you will not redistribute, transmit, assign, sell, resell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer access to the game. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights to the game.

In the absence of a valid authorized reseller, affiliate sales, licensing or other agreement between you and E-Line, you may not use, redistribute, sell, resell, rent, lend or license the game or any product or service that incorporates access to the game, except as provided for under “Authorized Usage of Beyond Blue” and “Video Policy” above.

Indemnification

You hereby indemnify and hold harmless, and upon E-Line’s request, defend, E-Line and its affiliates, parents and subsidiaries (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of the Terms or any warranty, representation, covenant or obligation of yours or your dependents under these Terms. You will reimburse E-Line and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification, provided that E-Line attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. E-Line shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon E-Line’s request. E-Line shall have the right, at its expense, to participate in the defense thereof under your direction.

Third-Party Websites and Services

The game may hyperlink to or integrate features and/or content from sites not maintained by or related to E-Line or Beyond BLue. Hyperlinks and integrations are provided as a service to users and are not sponsored by or affiliated with the game or E-Line, and E-Line makes no representations or warranties about the availability, content, completeness, or accuracy of those third-party sites. Your activity on the third-party site accessible from the game is subject to the terms of service of the third-party site and any information you submit at the third-party site is subject to the third-party site’s privacy policy, and E-Line has no control over how your information is collected, used, or otherwise handled.

Representations and Limitations of Liability

E-Line makes no representations about the reliability of the features of the game and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk.

You represent and warrant that your use of the game shall be in compliance with any applicable laws, rules and regulations of any governmental authority and that you will abide by obligations.

THE GAME IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE GAME OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL E-LINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GAME, NOR SHALL E-LINE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND E-LINE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE GAME’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL E-LINE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

Both you and E-Line acknowledge and agree that no partnership is formed and neither of you nor E-Line has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of the State of New York. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Software that may be available in connection with the game (the “Software”) is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

These Terms constitute a binding agreement between you and E-Line, and is accepted by you upon your use of the game. These Terms constitutes the entire agreement between you and E-Line regarding the use of the game.

How to contact us

If you have questions or concerns regarding these Terms, you can contact us via email at support@beyondbluegame.com or at 

Beyond Blue

c/o E-Line Media

4340 E Indian School Rd

Suite 21-595

Phoenix, AZ, 85018