Last update 19th November 2022
1. Your Account
In order to access the Services you must create a Pennyvale Media or Harrowed World Account (an “Account”). You must be at least 16 years of age to create an Account, and if you are 16 or 17 years of age, you must get your parents’ or legal guardians’ consent prior to creating such Account. With regard to your registration for an Account, you acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested by the registration form, and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and for restricting unauthorized access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account, unless as otherwise specified hereunder. When you choose a forum name or other nickname for our Services, we ask that you do not use your own or another person´s real name, or a name protected by copyright or trademark.
You acknowledge and agree that, to the fullest extent permissible under applicable law, you shall have no ownership or other interest in your Account, and you further acknowledge and agree that all rights in and to the Account are owned by and inure to the benefit of Pennyvale Media.
2. Grant of License and Restrictions
B) Disrupt or assist in the disruption of any Game and/or Services server or any other user’s Game and/or Services experience;
C) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify a Game;
D) Exploit the Game, the Services or any of its parts for any commercial purpose, other than as permitted under the EULA, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering Additional Services, including in-game currency, items or resources for sale outside the Game; and/or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
E) Remove, disable or circumvent any security protections such as digital rights management (known as “DRM”), proprietary notices or labels contained on or within the Game;
F) Use any obscene, pornographic, provocative or racist language or material in the Game or on the Communications Facilities (as defined below); or
G) Use any meta tags or any other “hidden text” utilizing Pennyvale Media’s name or trademarks.
3. Communication Facilities.
Through some of Pennyvale Media’s Sites, community forums and Games you may communicate with other users of the Services and players of the Games (“Communication Facilities”). You agree only to use the Communication Facilities to post, receive or send messages in connection with the Game. You agree that you will not: A) Transmit messages which are offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or otherwise objectionable;
B) Post advertisements to sell goods or services;
C) Impersonate any real person, including without limitation an agent of Pennyvale Media, or otherwise communicate in the Communication Services in any way designed to make others believe that your message constitutes a server message or was otherwise posted by a representative of Pennyvale Media;
D) Engage in “trolling”;
E) Engage in spamming, double posting, cross-posting, and resurrecting old posts;
F) Hack any Communication Facility or exploit any bugs in same; or
G) Upload files that contain software or other material protected by intellectual property laws or by rights of privacy and publicity, unless you own or control the rights thereto or have received all necessary consents.
Additional rules in connection with the Communication Facilities may be posted within such facilities. Pennyvale Media reserves the right to review materials posted to the Communication Facilities and to remove any materials at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Communication Facilities reflect only the view of their authors and Pennyvale Media specifically disclaims any liability with regard to the Communication Facilities and any actions resulting from your participation in the Communication Facilities. Pennyvale Media is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
If you encounter content created by another user that you find offensive (as defined in the above §3.A), we encourage you to report this content by filing a ticket using our support portal. You can access the portal using the following URL: https://www.pennyvalemedia.com/contact . Please provide as much detailed information in the ticket as possible, including but not limited to: what content you find offensive, the user name of the person exposing you to such content, what type of platform you were using, game version number, save game ID/SGID for the multiplayer session (if applicable) and any other form of relevant information that might help us identify the content and/or user.
4. Additional Services
A. Weekly Additional Services Limit. You may only purchase a total maximum amount of ten thousand U.S. dollars (US$10,000.00) of Additional Services per week;
B. If Pennyvale Media has reason to believe or suspects that you are performing illegal or fraudulent activities related to payments for Additional Services in the Game, Pennyvale Media has the right to provide relevant information to law enforcement bodies to investigate these suspicions;
C. If Pennyvale Media has reason to believe or suspects that you are exploiting any defects in the Game or Services or are using any software to impermissibly increase your amount of Additional Services, including in-game currency, or gain any advantage in the Game, or if Pennyvale Media has reason to believe or suspects that an increase of in-game currency originates from a flaw in the system(s) relating to the Game, Pennyvale Media has the right to take any action Pennyvale Media deems necessary, including immediately terminating your use of the Services and deleting your Account, in which case the entire Account shall be deemed forfeited;
D. If you are prohibited from receiving online game services by the legislation of your country or in case of any other legal restrictions, including age restrictions, you shall not be allowed to use the Game or Additional Services in the Game. In any case, you shall be responsible for the use of the Game in your country in accordance with local laws; and
E. User agrees, understands and accepts that: (i) this Game is not a gambling, cash, contest or betting game; (ii) the purchase of Additional Services is NOT necessary or mandatory to participate in the Game and the Game process; and (iii) the purchase of any Additional Services is at User’s sole discretion.
5. User Generated Content
Any use of the mod tools, and creation and publication of mods, is for strictly non-commercial purposes only, and you may not require any fees but may receive voluntary donations for your creation, publication and/or use of mods
By publishing a mod based on a Pennyvale Media game, you hereby grant to Pennyvale Media and its affiliates a non-exclusive, royalty-free, sublicensable and perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your mod. Explicitly, this license shall include the right to make the mod publicly available through other channels of distribution, and the right to adapt a mod to be compatible with other platforms. This license shall survive termination of the EULA.
Your mod may not contain any material which (i) infringes any applicable law; (ii) resemblance any recognisable third party brand, character or personality, including but not limited to any trademarks or logos except for those assets provided by Pennyvale Media; (iii) any third party assets, from other games published by Pennyvale Media and its affiliates or any other third party; (iv) any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; (v) is obscene, indecent, pornographic, offensive, defamatory, fraudulent, threatening, hate speech, liable to incite racial hatred, acts of terrorism or violence, menacing, blasphemous or contains nudity or gratuitous or graphic violence; (vii) has been posted or published in breach of a third party’s rights (including intellectual property rights); (viii) brings, or is likely to bring, Pennyvale Media, its affiliates, licensees or licensors into disrepute; or (ix) in relation to mods make reference to any organisation whose principal business includes the sale of tobacco or tobacco related products, or firearms.
You represent and warrant that any mod created by you, and your grant of rights in such mod, does not violate any applicable contract, law or regulation, and that the mod is your original creative work and does not infringe any third party´s intellectual property rights or any other rights. Pennyvale Media specifically disclaims any liability with regard to any mod, and you agree to indemnify, defend and hold Pennyvale Media and its, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish.
We reserve the right to suspend access to, or terminate your licence for, any mods published by you or modding tools provided by us. Pennyvale Media is under no obligation to use, distribute or continue to distribute mods, and you understand that Pennyvale Media may restrict, or remove, your mods for any reason.
Please note that other rules - specific to a particular game or studio- may also apply to mods based on Pennyvale Media games. For more information about Pennyvale Media’s modding guidelines check out: https://www.pennyvalemedia.com/game-modding-rules .
THE SERVICES IS PROVIDED BY PENNYVALE MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PENNYVALE MEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PENNYVALE MEDIA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE AND/OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS PROVIDED THROUGH THE SITE AND/OR SERVICES; OR (IV) THAT THE SITE AND/OR SERVICES, PRODUCTS DOWNLOADED FROM THE SITE AND/OR SERVICES, PENNYVALE MEDIA SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF PENNYVALE MEDIA , ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL PENNYVALE MEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PENNYVALE MEDIA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SITE AND/OR SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Electronic Communications
When you visit the Site, use the Services, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically in order to answer your inquiries or comments, to provide you with an invoice or game key, or with general information regarding the Services, any Game or product. We will communicate with you by e-mail or by posting notices on the Site or on the Communication Facilities. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Updates to the Services.
For the purpose of improving its products and services, Pennyvale Media may require that you download and install updates to the Services and to the Games you have installed on your computer. You acknowledge and agree that Pennyvale Media may update the Services and the Games on your computer, with or without notification.
13. Equitable Remedies
16. Governing Law/Jurisdiction
18. Contacting Us