Terms of Service

IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND ACCEPT THESE TERMS ON YOUR BEHALF.

These OAVC Game Studio® Terms of Service, including all policies and documents incorporated by reference (collectively, the “Terms”), constitute a legally binding agreement between you and Official AV Club LLC, an Arizona limited liability company doing business as OAVC Game Studio®, with its principal place of business in Tucson, Arizona, United States (“OAVC,” “we,” “us,” or “our”).

When we say “OAVC,” “we,” “us,” or “our,” we mean Official AV Club LLC and any current or future affiliates or subsidiaries that help provide the Services. At present, that is solely Official AV Club LLC.

When we say “include,” “includes,” or “including,” we mean “including without limitation.”

The “Services” means, collectively, OAVC’s websites, game client, launcher, servers, accounts, alpha/beta/early-access versions, subscription tiers, and any related features or third-party platforms (e.g., Discord servers or Twitch channels) that OAVC officially operates or moderates and that link to or reference these Terms.

By accessing or using the Services, you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree or cannot comply, you must immediately cease all use of the Services.

Important Notes for Parents and Guardians

If you are a parent or legal guardian permitting a minor to use the Services, you accept these Terms on behalf of yourself and the minor and are responsible for all use of the Services by or through the minor’s account, including all purchases and transactions, to the fullest extent permitted by law.

Additional Policies Incorporated by Reference

By agreeing to these Terms, you also agree to the following policies, which are incorporated into and form part of this Agreement:

• Privacy Policy
• Community Rules
• Fan Content Policy – https://oavc.com/fan-content (when published)
• Creator Terms

We may add additional policies in the future and will list them here.

These Terms apply to all products and services provided by OAVC, including but not limited to:

• Our websites and subdomains
• The game client, launcher, servers, and all alpha, beta, and early-access versions
• All subscription tiers and access levels
• Official OAVC Discord servers, Twitch channels, and other community platforms we operate
• Any future in-game store, virtual items, or related features

Any separate terms presented during sign-up or purchase (e.g., a specific tier add-on) are incorporated into and form part of these Terms.

2.      AMENDMENTS TO THIS AGREEMENT

We may update these Terms from time to time. The revised version will always be posted on our website with the “Effective Date” at the top.

To the extent required by applicable law, we will provide reasonable advance notice of material changes by any reasonable means (e.g., email, in-game message, or website banner). Non-material changes, feature updates, and changes required for legal or security reasons may take effect immediately and without prior notice.

Changes become effective on the “Effective Date” listed. Your continued use of the Services after that date constitutes your acceptance of the updated Terms.

3.      Eligibility

You must be at least 13 years of age to use the Services.

Individuals under the age of majority in their jurisdiction may only use the Services with the involvement and consent of a parent or legal guardian who has read and agreed to this Agreement.

We use age information provided by Epic Online Services (and any future authentication providers) to enforce this requirement. Accounts identified as belonging to users under 13 will be denied access.

4.      Accounts

You are responsible for maintaining the security of your account and for all activity that occurs under your account. You must immediately notify us at support@oavc.com if you know or suspect any unauthorized use.

You may not share your account credentials or allow others to use your account except as expressly permitted in writing by OAVC.

Any violation of this Agreement occurring through your account – whether by you, someone you permitted, or an unauthorized third party – may result in suspension or termination of the account and associated Services, without refund. In cases of confirmed unauthorized access not caused by your negligence, we may, in our sole discretion, restore access after verification.

5.      Nature of Your Subscription and License

You are subscribing to ongoing access to the OAVC Game Studio service, including the in-development game and related features. You do not own the game, your account, or any content or features therein. All access is granted under a limited, revocable, non-exclusive, non-transferable, non-sublicensable license that continues only while your subscription is active and you remain in compliance with this Agreement.

We offer multiple subscription tiers, including a free tier and paid tiers providing additional benefits. Tier features and availability are subject to change with notice.

6.      Billing and Payment

Paid subscriptions are processed through our authorized third-party payment provider (currently Paddle, acting as merchant of record). By selecting a paid tier, you authorize recurring charges until canceled. You may cancel or change tiers at any time through your account settings. No refunds are provided except where required by applicable law.

Virtual

7.      AVAILABILITY AND CHANGES TO THE SERVICES

We may suspend, limit, modify, or discontinue any part of the Services (including the game client, launcher, servers, features, or subscription tiers) at any time, with or without notice, for technical, operational, legal, or business reasons. This may include making the Services or specific features unavailable in certain regions or on certain devices.

We may issue updates, patches, or upgrades (automatically or otherwise) that are required to continue using the Services. Your continued use constitutes acceptance of those changes.

You acknowledge that game progress, character data, customization, and other in-game elements may be altered, reset, or become unavailable at any time without notice, including as a result of updates, server maintenance, or discontinuation of features.

Except where required by applicable Arizona or federal law, you are not entitled to any refund or compensation if access is limited or lost for the reasons above, or if your account is suspended or terminated due to your violation of this Agreement.

We have no obligation to provide ongoing maintenance or support, and availability of the Services is not guaranteed.

8.      Virtual Items

All virtual items, currency, cosmetics, and other digital content are licensed, not sold. You acquire only a limited, revocable right to use them within the Services. They have no monetary value, may not be transferred or redeemed outside the Services, and may be modified or removed at any time.

9.      Refund Policy

Digital subscriptions and content are generally non-refundable once access is granted. We will, however, honor refunds required by Arizona or federal law (e.g., unauthorized charges or technical failures preventing use).

10.  Ownership of Content and Intellectual Property

All title, ownership rights, and intellectual property rights in and to the Services (including software, artwork, audio, video, text, trademarks, and the “look and feel”) are owned by OAVC or its licensors. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works except as expressly permitted. Any use of OAVC trademarks or trade dress requires prior written approval.

11.  User-Generated Content

You retain ownership of content you create that does not incorporate any OAVC-provided assets, code, templates, reference materials, trademarks, or other intellectual property (“OAVC IP”).

A.    Derivative Works Using OAVC IP

If your content incorporates any OAVC IP (including but not limited to game assets, code, templates, reference materials, or Unreal Engine Editor tools), you acknowledge and agree that the resulting work is a derivative work. All copyright and other intellectual property rights in that derivative work are automatically assigned to OAVC upon creation. You retain no ownership or commercial rights in any work that incorporates OAVC IP.

B.    Fan Content and Purely Original Creations

For content that contains no OAVC IP (e.g., fan art, videos, streams, screenshots, or other purely original works inspired by the game), you retain copyright in your original elements. However, by posting or sharing it on or through the Services or in any way connected with the Services (including social media posts that tag or reference OAVC or the game), you grant OAVC the irrevocable, perpetual, royalty-free, worldwide, fully-paid license described in Section 11.C below.

C.    License Grant

By creating, uploading, posting, streaming, or otherwise making available any content **on or through the Services or in any way connected with the Services** (including but not limited to our game, websites, official Discord servers, Twitch channels, or social media posts that tag or reference OAVC or the game), you grant OAVC an irrevocable, perpetual, royalty-free, **fully-paid**, worldwide license to use, copy, modify, distribute, display, perform, and create derivative works of such content for any purpose, including commercial use, without further payment or approval.

All user-generated content is subject to our User-Generated Content Policy and Community Standards.

12.  Code of Conduct / Community Standards

You agree to comply with our Community Standards. Prohibited conduct includes cheating, harassment, exploitation, impersonation of OAVC personnel, or any violation of applicable law. We may monitor activity and terminate access for violations, with or without notice.

13.  DMCA

To report alleged copyright infringement, send a complete DMCA notice to support@oavc.com.

14.  Warranty Disclaimer

THE SERVICES, INCLUDING ALL PRE-ALPHA, ALPHA, BETA, AND EARLY-ACCESS VERSIONS OF THE GAME, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF PRE-ALPHA AND BETA VERSIONS INVOLVES RISK OF BUGS, DATA LOSS, AND UNEXPECTED BEHAVIOR, AND YOU ASSUME ALL SUCH RISKS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

15.  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY ARIZONA LAW, OAVC’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID IN THE PRIOR TWELVE MONTHS (OR $50 IF NONE).

16.  Indemnification

You will indemnify and hold OAVC harmless from claims arising from your use of the Services or violation of this Agreement.

17.  Governing Law & Venue (Arizona + Pima County)

This Agreement is governed by Arizona law, excluding conflict-of-law principles. Any dispute must be brought exclusively in the state or federal courts located in Pima County, Arizona. Both parties consent to jurisdiction and venue there and waive jury trial to the fullest extent permitted by law.

CLASS ACTION WAIVER
ANY DISPUTE MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

18.  Miscellaneous

This Agreement is the entire understanding between the parties. If any provision is unenforceable, the remainder remains in effect. We may assign this Agreement; you may not without our written consent.

19.  Contact

Official AV Club LLC 
Tucson, Arizona 
support@oavc.com