Starbreeze AB, company registration number 556551-8932 having its registered address at Regeringsgatan 38, 111 53 Stockholm (“Starbreeze”, “we” or “us”) is a game development and publishing company who – on the conditions set forth herein – makes available to you (“you” or “User”) the computer game Overkill’s The Walking Dead, accessible through Steam, as well as any respective updates thereof (collectively, the “Game”).

  1. Accepting of Terms of Use
    • By accepting these Terms of Use (the “Terms of Use”), an agreement is entered into by you and us, regulating your use of the Game. By downloading, installing or otherwise using the Game, or by registering in our systems, you accept these Terms of Use. All rights not expressly granted hereunder to you are reserved by Starbreeze and its licensors.
    • Platforms, such as Steam, may provide their own legal documents that apply to your relationship with these stores and platforms.
    • In order to access and use the Game, you need to: (1) be of legal age in your country and; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
    • Please read these Terms of Use and Privacy Policy on https://www.overkillsthewalkingdead.com/pc-privacy-policy/ carefully before using our Game. If you do not agree to these, please do not use the Game.
    • Starbreeze reserves the right at any time to modify these Terms of Use and the Privacy Policy, and to impose new or additional terms and conditions on your use of our Game. Your continued use of the Game after changes are posted in these Terms of Use means that you agree to be bound by them. You acknowledge and accept that we may update and/or change these Terms of Use, and you agree to from time to time revise these Terms of Use for any such changes.
  2. Ownership and License
    • All title, ownership rights and intellectual property rights in and to the Game (including but not limited to source code, graphics, characters, music, effects, dialogues, characters, concepts, choreographies, videos, audio-visual effects, domain names, patent rights, design rights and any other content or elements which are part of the Game) are owned and vested by Starbreeze or its licensors as applicable.
    • Starbreeze hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to download, install and use our Game on your personal computer, for your non-commercial entertainment use only, provided that you accept and are in compliance with these Terms of Use. For avoidance of doubt, the Game is licensed to you, not sold. Your license confers no title or ownership in the Game or any copy of it. You may install the Game on more than one of your personal computers, however, you may only run the Game on one (1) personal computer at the time.
    • You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms of Use.
    • Notwithstanding the above, in addition to installing and playing the Game, we allow Users to create and make publicly available gameplay from the Game by means of streaming and/or uploading gameplay from the Game on the platforms Twitch.tv, YouTube and Mixer.com (“Gameplay Content”).
    • No portion of the Game may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use. You agree not to modify, rent, lease, loan, sell, distribute, publicly perform or display, transmit or otherwise communicate, adapt, publish the Game or any content therein in any manner other than what is expressly permitted herein. Any attempt to do so is a violation of the intellectual property and other rights of Starbreeze and its licensors. You may not use our or our licensors’ trademarks without the rightsholder’s prior written consent.
    • You may not copy decompile, reverse-engineer, disassemble, attempt to derive the source code of the Game, modify, or create derivative works based on our Game, any updates, or any part thereof, except as expressly permitted by these Terms of Use and only to the extent that any foregoing restriction is prohibited by applicable law. Except for use of the Game as permitted herein, any other use of the Game, or any of its respective parts is strictly prohibited and infringes our or our licensors’ intellectual property rights and may subject you to civil and criminal penalties, including possible monetary damages. Rights to trademarks, Game and all associated content, are reserved to their respective owners and protected by Swedish and International copyright, design, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. Starbreeze’s licensors may protect their rights in the event of any violation of these Terms of Use.
    • You may not use the Game to distribute viruses, trojans or similar programs.
    • We agree to enable you to contribute User generated content (“UGC”) such as photos, music, texts and in exchange, when you contribute UGC to us, you expressly grant to us a non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, use, reproduce, modify, transmit or by other ways communicate, create derivative works of, print, sublicense, publicly display and perform UGC, or any portion thereof, in any manner, on any medium, whether now known of hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable us to use UGC for such purposes.
    • When playing the Game, you will at all times follow our Code of Conduct as provided in Schedule 1 below.
  3. Game development and updating
    • We are constantly developing our Games in consideration of User interest, and therefore, we may replace, add or exclude, alter and modify our Games and their characteristics at any time. We are under no obligation to continue providing either support or updates for versions of a Game that are not up-to-date.
    • For reasons that include, but is not limited to, system security, stability, and player operability, we may need to update, create new versions of or otherwise enhance Games and accordingly, the system requirements to participate in Games may change over time. You consent to such automatic updating.
    • You understand that our introduction of various technologies may not be consistent across all platforms and personal computers, and that the performance of our Games may vary, depending on your hardware and other equipment.
  4. Acceptable Use
    • You agree that any UGC (including username, profile information etc.) created, submitted or in any other way used by you will not be harmful, abusive, obscene, inappropriate, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. Nor will it infringe any contractual or statutory obligation of you or us or in any other way entail fraudulent or illegal activities.
    • We have the right to change, refuse to register and or delete any UGC which, in our opinion, violates these Terms of Use. We reserve the right to reject any UGC if we conclude, in our sole and absolute discretion, that it in any way violates our Terms of Use.
    • By accepting these Terms of Use, you are given access to digital content through other means than a physical medium and you expressly agree and acknowledge that there is no cooling-off period. You are nevertheless entitled to terminate this agreement in accordance with the below.
  6. Termination
    • The agreement between Starbreeze and User runs for an indefinite term. Both parties may terminate the agreement with immediate effect, we by giving you notice, you by deleting the Game from your device.
    • Starbreeze shall have no responsibility for any progress data relating to the Users use of the Game.
    • Either party may terminate the agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms of Use. If you fail or we have strong grounds to believe that you have failed to comply with any of the provisions of these Terms of Use, we may – without notice – (i) terminate the agreement with you ; and/or (ii) prevent your further access to the Game (or any part thereof).
    • We reserve the right to modify, suspend, or discontinue the Game (or any part thereof) at any time and we will not be liable to you or any third party, should it exercise such rights.
  7. Technical data usage
    • You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Game. We may use this information to improve our products or to provide services to you, as long as it is in a form that does not personally identify you.
    • We are committed to respect your privacy and the confidentiality of your personal information. We will process your personal information in accordance with our Privacy Policy.
    • The Game and any services related thereto are provided ‘as is’ without warranties of any kind. Your use of the Game is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the Game.
    • Our Game may contain advertising of third-party products and services or other third-party content. By using the Game you agree to receive such advertising. We disclaim any responsibility for such advertising and the content therein.
    • We recommend you not to rely on the Game for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Game will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Game, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third-party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of Use or the inability to use the Game. We are not responsible to you for any third-party claims made against you. Our total liability to you in connection with the Game, for any injuries, losses, and legal actions, shall under no circumstances exceed the commission fee charged by us on the transactions made by you through the Game.
    • You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms of Use, including but not limited to the misuse of the Game and unfair marketing. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of Use or other applicable law.
    • Should any UGC infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of the UGC and indemnify us from all damages, costs and expenses incurred by us as a result of such infringement.
  10. CHANGE OF TERmS AND TERMINATION OF the use of the game
    • You have the right to uninstall and stop using the Game at any time and without prior notice.
    • We have the right to suspend your access to the Game with immediate effect if we have reason to believe that you are violating these Terms of Use. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Game at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
    • You may not assign or transfer any rights, obligations or licenses as provided in these Terms of Use. We may assign and transfer our rights under these Terms of Use without your consent and without notice to you.
    • These Terms of Use shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
    • Any dispute or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.
    • If any provision of these Terms of Use is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected.
    • Our failure to exercise, or delay in exercising, a legal right or remedy provided by these Terms of Use, or by applicable law, shall not constitute a waiver of our right or remedy.

Schedule 1 - Code of Conduct

The rules of conduct are guidelines that we ask you to follow while playing Overkill’s The Walking Dead (the “Game”) and use other materials and forums provided by us in relation to the Game. It’s safe to say that these may change from time to time, and when any material change is made, we will notify you in a manner compliant with applicable laws and regulations, e.g. by sending you an email notifying you of such change.

Violations may result in reports and temporary or permanent suspensions of your account. Nevertheless, any consequences listed herein shall not in any manner limit ours or third parties’ right to take any action or seek alternative remedies in relation to you for any breach of this Code of Conduct.

  1. Do not attack someone personally, including their race, gender, religion, nationality, ethics, sexual preference, or personal beliefs, and do not provide us with content advocating racial or ethnic intolerance. Keep it clean.
  2. Do not provide us with any material that infringes a third party's rights (e.g., copyright) according to applicable law, including but not limited to, infringing or misappropriating the intellectual property rights of others in violation of the Digital Millennium Copyright Act. Generally, try to avoid using copyrighted and trademarked material.
  3. Do not pretend to be any employee affiliated with us unless you want to be banned.
  4. Don’t harass, stalk, or purposely do things to make someone else feel uncomfortable.
  5. Do not post or use graphic sexual, grotesque, or violent language or images or otherwise excessively profane content or hate-related or violent content. There are enough websites out there for this. We don’t need another one.
  6. Child predation or pornography = BAN! And possibly the authorities get involved, too.
  7. Do not share personal information about yourself or other individuals unless instructed otherwise by us.
  8. Masked profanity: We all know you can use l33t 5p34k to mask bad stuff. Don’t do it.
  9. Real money solicitations: As if online games need more spamming for gold. This also includes power-levelling services, selling characters, items, or anything else. These services may lead to account theft, credit card fraud, and stolen identities. It also sucks which is why we don’t accept this behaviour.
  10. Advertisement: Advertising your own or someone else’s business or ventures is not acceptable behavior.
  11. Scamming: This is like stealing. Don’t do it.
  12. Cheating: Do not use third party programs, macros, client side hacks, or other things that give you an unfair advantage in the Game. Just because others haven’t gotten caught (yet) doesn’t mean you should do it.
  13. Gambling: Running or participating in a gambling-for-gold operation within the Game or providing us with content in relation to gambling is a no-no.
  14. Don’t use the Game for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website).
  15. Hacking and interfering: This goes without saying, but don’t hack or crack us or someone else or try to disable, circumvent or interfere with our use of any third party services, or the equipment used to provide such third party services. Don’t distribute or promote material related to this. It’s not cool.
  16. Trolling: You don’t want to be “that person.” Therefore, don’t do it.
  17. Malicious or deceptive content: don’t use the Game, any forum or materials provided by us to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
  18. don’t provide us with any malicious content.
  19. Other illegal activity: Do not partake in, encourage or promote it, including without limitation, illegal export of controlled substances or illegal software and do not provide us with other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
  20. Drugs: don’t provide us with content regarding drug paraphernalia.
  21. Spam: Don’t use the Game, forum or other material provided by us to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations
  22. Spamming support: We want your questions, and we want to answer them—but sending us 100 emails about the same subject before we get the chance to answer the first one only slows us down more. It also increases the response time for other players.
  23. Private servers: Do not participate, promote, or set one up.
  24. CAPS LOCK: Avoid excessive use of the caps lock. It can get annoying.
  25. Do not request, arrange, or offer pirated materials, illegal activities, or illegal drugs.
  26. Do not use a foreign language in an effort to avoid getting caught for breaking these rules.
  27. Our employees will use their discretion to interpret if any action warrants moderation, whether it is mentioned here or not. We also have a magic genie that grants us the ability to make more rules, but we’d rather use those powers to make cool stuff for you.