Breachers Terms of Use

Last update: 21/06/2023

ABOUT THESE TERMS OF USE

These terms of use (the “Terms of Use”) govern the use of this website (“Breachers Website”) and any Breachers products, software, virtual/augmented reality application or mobile application (“Breachers Products”). This agreement is between you, as a user of the Breachers Products or a visitor of the Breachers Website and Triangle Factory bv (“Triangle Factory”, “we”), the owner of the Breachers Website and the developer of the Breachers Products. When you use the Breachers Website or the Breachers Products, you agree to these Terms of Use. Please refrain from visiting the Breachers Website or using the Breachers Products if you do not agree to these Terms of Use or do not satisfy the eligibility requirements to be using the Breachers Website or the Breachers Products. You are responsible for the people that use your account or your device on the Breachers Products or Breachers Website. Triangle Factory can terminate these Terms of Use and the license granted hereunder, restrict, suspend or remove your access to the Breachers Website and the Breachers Products or take (legal) action against you if it determines that you violate these Terms of Use, you make unauthorized use of the limited license granted under these Terms of Use or you do not adhere to the Code of Conduct.

All rights that are not expressly granted to you under these Terms of Use are reserved by Triangle Factory and its licensors. If any conflict arises between these Terms of Use and other provisions that can be found on the Breachers Website or the Breachers Products, these Terms of Use shall prevail.

WHO IS RESPONSIBLE FOR THESE TERMS OF USE?

Triangle Factory bv (“Triangle Factory”, “we”), the owner of the Breachers Website and the developer of the Breachers Products, is responsible for these Terms of Use. Triangle Factory is a private limited liability company headquartered at Dublinstraat 35/007, 9000 Ghent, Belgium and registered under company number BE0822.717.673. If you have any questions regarding these Terms of Use, you can contact us by sending your request to the aforementioned address, or you can send us an e-mail at info@triangle-factory.be.

PRIVACY POLICY & COOKIE POLICY

`When you make use of the Breachers Website and Breachers Products, we process your personal data in accordance with our privacy policy and we retain cookies in conformity with our cookie policy. We advise you to read these policies carefully and regularly to stay informed on how we process your personal data. When making use of the Breachers Website and Breachers Products, you declare to have taken note of our privacy policy and cookie policy. If you have any questions regarding the processing of your personal information, you can contact us at privacy@triangle-factory.be.

ELIGIBILITY REQUIREMENTS

You must be at least 13 years of age to make use of the Breachers Website or the Breachers Products. If you are a minor (above the age of 13 years), you must review these Terms of Use and the privacy policy and cookie policy together with your parent or guardian. Triangle Factory advises guardians and parents to become acquainted with the parental controls available on the devices of minors.

LICENSE

We grant you a personal, limited, non-transferable, non-assignable, revocable and non-exclusive license to use the Breachers Website and Breachers Products to which you have access for your non-commercial use, provided that you use this license in conformity with these Terms of Use. The content and materials on this Breachers Website and the Breachers Products is protected by trademarks, copyright, design rights, trade secrets and other proprietary and intellectual property rights and nothing in these Terms of Use or on the Breachers Products and Breachers Website can be seen as a transfer or assignment of such rights. You cannot, either in part or in full, copy, distribute, sell, reverse engineer, modify the content or materials on the Breachers Website or Breachers Products, including (without limitation) its software, written materials, images, audio and video materials, or use such content for public or commercial purposes without our prior written consent. You may not use the Breachers Website and Breachers Products for anything other than their intended purposes.

All title, ownership, and intellectual property rights in and to the Breachers Website and Breachers Products are owned by Triangle Factory and Triangle Factory’s licensors. The Breachers Website and Breachers Products including their materials are licensed, not sold, for your use. This license does not confer any title or ownership.

CODE OF CONDUCT

When making use of the Breachers Website and the Breachers Products, you agree to adhere to the following rules of conduct (“Code of Conduct”):

You do not violate any applicable laws of regulations, including with the content you upload on your account;

You do not tamper with the organizational and technical measures installed by Triangle Factory to guarantee a secure and safe environment for its users or use a device or software that could interfere with these measures;

You are respectful towards other users, you do not interfere with their use of the Breachers Products and Breachers Website and you do not upload or distribute content that is inappropriate, harmful, constitutes hate speech, is defamatory, harassing, offensive or threatening or that violates the (intellectual property) rights of a third party;

You do not cheat, boost or engage in anti-competitive behaviour or sell your account, user name or your achievements from Breachers Products;

You do not (attempt to) interfere with the software used by the Breachers Website or Breachers Products or engage in hacking, spamming, installing malware or other viruses;

You cannot modify or make any derivative works of the (content on the) Breachers Website and Breachers Products, in whole or in part, or remove any proprietary notices or labels;

You cannot make use of the Breachers Website and Breachers Products in violation with your agreements with third parties, for example your user agreement with a platform provider (e.g. Oculus, Steam, Viveport);

You cannot impersonate another user or attempt to obtain, the password, account information, or other private information from other users;

You cannot use personal data that you receive about another user while using the Breachers Website or Breachers Products for any other purposes than to engage in a Breachers game. You will not attempt to identify another user outside of the context of the Breachers Website or Breachers Products or violate the privacy of another user in any other way; and

You agree to alert Triangle Factory as soon as possible in any case that you become aware of a person violating the Terms of Use or abusing the (content of the) Breachers Website and Breachers Products.

Please note that we observe the adherence of our users to this Code of Conduct through the monitoring of chats, audio recordings and other data when you make use of the Breachers Products. You can find more information regarding such monitoring in our privacy policy.

THIRD PARTY LINKS OR CONTENT

The Breachers Website and the Breachers Products sometimes refer to websites or products of third parties, such as social media network providers or platform providers. Triangle Factory has no control over the content that is produced on such websites or products and cannot be held responsible for any activity on these websites or products. A referral on the Breachers Website or Breachers Products to websites or products of third parties does not mean that Triangle Factory has reviewed and/or approves or recommends such websites or products. Likewise, if websites or products of third parties refer to the Breachers Website or Breachers Products, this does not mean that Triangle Factory or the Breachers Website or Breachers Products is in any way affiliated with such website or has approved the content of such external product or website. We advise you to consult the terms and conditions, including the privacy policy, of such products or websites of third parties for more information.

If you access the Breachers Products while making use of a platform (e.g. Steam, Viveport, Oculus…), you need to comply with the terms of use of such platform provider and you acknowledge its privacy policy. Triangle Factory is not responsible if you cannot gain access to the Breachers Products due to issues with such third-party platform provider or any other difficulties you may encounter in using the Breachers products on account of such platform provider.

LIABILITY AND INDEMNIFICATION

While we do our best to provide the Breachers Website and Breachers Products without errors or inaccuracies and ensure access to our Breachers Website and Breachers Products at all times, we do not make any warranties regarding the content or the availability of the Breachers Website and Breachers Products.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE Breachers WEBSITE AND THE Breachers PRODUCTS ARE PROVIDED “AS IS” AND YOUR USE OF THE Breachers WEBSITE AND Breachers PRODUCTS ARE AT YOUR OWN RISK. TRIANGLE FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. This includes, without limitation, that we do not warrant (express or implied) that our Breachers Website or Breachers Products are free from errors, defects, viruses, or harmful components.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRIANGLE FACTORY, ITS EMPLOYEES, OFFICERS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU FOR (i) ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR OMISSIONS OR BREACH OF THESE TERMS OF USE; (ii) WHICH ARISE AS A RESULT OF A THIRD PARTY’S ACTS OR OMISSIONS OR ANY OTHER ACTS OR OMISSIONS BEYOND OUR CONTROL; OR (iii) FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSS, LOST PROFITS, LOSS OF OPPORTUNITY OR DAMAGE TO REPUTATION. Nothing in these Terms of Use shall limit either Triangle Factory’s or your liability for death, personal injury, fraud or fraudulent misrepresentation or any category of liability that cannot be limited by law.

You agree to indemnify, defend and hold Triangle Factory, its respective officers, directors, employees and agents harmless from and against any and all third-party claims, liabilities, lawsuits, governmental action, or losses suffered or incurred (including reasonable attorney’s fees) arising out of or as a result of your use of the Breachers Website or Breachers Products including without limitation your violation of these Terms of Use or any applicable law or regulation.

MISCELLANEOUS

These Terms of Use can be terminated by you or by Triangle Factory. Triangle Factory can terminate these Terms of Use (in whole or in part) with immediate effect if it believes you have violated these Terms of Use or if it no longer offers the relevant services. It can also terminate these Terms of Use by giving you reasonable notice. You may terminate these Terms of Use at any time. If these Terms of Use are terminated or expire, you will no longer be able to make use of the Breachers Website and/or Breachers Products and your license under these Terms of Use shall be revoked with immediate effect. Any provisions of these Terms of Use that are by their nature intended to survive termination or expiration of the Terms of Use, shall survive termination or expiration.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, written or oral.

Triangle Factory can assign its obligations under these Terms of Use, in whole or in part, at any time without notice to you. You may not assign or transfer any rights or obligations under these Terms of Use to a third party.

Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these Terms of Use for failure or delay in fulfilling or performing any obligations under these Terms of Use to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party (including but not limited to fire, floods, embargoes, war, acts of war, terrorism, riots, civil commotions, strikes, lockouts, acts of God or acts, omissions or delays in acting by any governmental authority or the other party).

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by the laws of Belgium, with the exclusion of its conflict of laws provisions. Any conflict arising out of or as a result of the use of the Breachers Website and Breachers Products, including these Terms of Use, the privacy policy and cookie policy, shall be exclusively submitted to the competent courts of Ghent, Belgium.

AMENDMENTS TO THESE TERMS OF USE

Triangle Factory is continually looking for ways to improve its services and products. Therefore, updates to these Terms of Use may be needed from time to time. Triangle Factory reserves the right to amend these terms at any time. Modifications to these Terms of Use shall apply as of the date that the new Terms of Use are published on this page. Therefore, we ask you to consult these Terms of Use on a regular basis and prior to any use of the Breachers Website and Breachers Products. We will try to notify you (if possible) of any material changes to these Terms of Use. If you do not agree to the changes of these Terms of Use, we ask you to refrain from further using the Breachers Website and Breachers Products.

CONTACT US

Should you have any questions regarding the Terms of Use, the Breachers Website or the Breachers Products, you can contact us at any time by postal mail at Dublinstraat 35/007, 9000 Ghent, Belgium or by e-mail at info@triangle-factory.be.

PlayStation™Store

Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.