TERMS AND CONDITIONS OF USE OF THE WEBSITE
AND LEGAL NOTICES

1. Scope

1.1. These Terms and Conditions (the “Terms”) govern access to and use of the website www.thewarinchiapas.com, its official channels on Discord, Patreon and social media, and the promotional materials relating to the video game The War in Chiapas (the “Game”) published on them (together, the “Site”). These Terms do not govern the download, installation or use of the Game.

1.2. Distribution of the Game through third-party stores or platforms (Steam, console stores, among others) is additionally subject to the terms of those platforms. In the event of a conflict regarding the purchase, refund or delivery of the Game, the terms of the platform on which the transaction was carried out will prevail.

1.3. Crowdfunding or support campaigns (Kickstarter, Patreon or others) are governed by the terms of the relevant platform and by the specific conditions of each campaign, which will prevail as regards contributions, rewards, timelines and refunds.

2. Acceptance; minors

2.1. By accessing or using the Site, the user (the “User”) accepts these Terms in their entirety. A User who does not agree with them must refrain from using the Site.

2.2. Where the User is a minor, acceptance of these Terms must be given by the person holding parental authority or guardianship, who will assume responsibility for the minor’s use of the Site and for the transactions carried out through it. The processing of minors’ personal data,

including the minimum age from which BANDPRICE collects data and the procedure for requesting its deletion, is governed by the Privacy Notice.

3. Notice regarding the content: a work of fiction

3.1. The Game and the materials published about it on the Site constitute a work of fiction loosely inspired by events, settings and historical figures of southeastern Mexico and Latin America during the 1980s. It is not a documentary, a work of historiography, a faithful reconstruction of events, or a source of historical, journalistic or educational information.

3.2. The characters, names, organizations, places, dialogue, events and outcomes contained in the Game are fictitious or have been dramatized for narrative purposes. Where any element is inspired by real persons, public figures or historical figures, by organizations or by verifiable events, its portrayal constitutes a fictional dramatization and must not be understood as a statement of fact about those persons, organizations or events, nor as the imputation of any conduct to any particular person.

3.3. The Game does not represent the official position of, and has not been authorized, sponsored, endorsed, affiliated with or participated in by, any authority, government department, public entity, armed or security force, political party, political, social, religious, armed or civil organization, Indigenous community, people or neighborhood, or any individual or legal entity, save as expressly stated in the Game credits.

3.4. The Game contains depictions of armed conflict, violence, the use of weapons, paramilitary organizations, irregular warfare settings and sensitive political and social themes. Those depictions serve an exclusively narrative, artistic and entertainment purpose, and do not constitute advocacy, glorification, justification, promotion or incitement of violence, crime or hatred, nor political propaganda of any kind.

3.5. The Game incorporates references to the history and culture of Indigenous communities and peoples of southeastern Mexico with the intent of respectful representation. Nothing contained in it attributes positions, acts, opinions or responsibilities to any particular Indigenous community, people or person, nor does it purport to speak on their behalf.

3.6. The content of the Game is produced and distributed under the freedom of expression and of artistic creation recognized in the Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos) and in the American Convention on Human Rights.

4. Content rating and recommended age

4.1. Because of its subject matter and its depiction of violence, adult language and war-related content, the Game is aimed at an adult or mature teenage audience, in accordance with the rating that applies in each case (the Mexican video game content rating equivalency system, ESRB, PEGI or another system applicable in the User’s territory).

4.2. It is for mothers, fathers, guardians and responsible adults to supervise minors’ access to the Game. BANDPRICE will not be liable for the use of the Site by minors without due supervision.

5. Health warnings
A small percentage of people may suffer epileptic seizures or blackouts from exposure to certain light patterns, flashes or images, even with no prior history. To reduce the risk, we recommend:
• Playing in a well-lit room.
• Not playing when drowsy or fatigued.
• Keeping an appropriate distance from the screen.
• Limiting session length and taking regular breaks.
If the User or anyone close to them has epilepsy or has had convulsive seizures, they should consult a physician before playing. Stop use immediately and seek medical attention in the event of dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of consciousness, disorientation, confusion or convulsions.

6. License of use
All rights not expressly granted are reserved to BANDPRICE. These Terms create no licenses or rights by implication or by any means other than their express wording.

7. Intellectual property

7.1. The Site, the Game, its source and object code, art, characters, settings, music, sound effects, script, dialogue, interfaces, audiovisual works, trademarks, logos, trade names and the other elements comprised in them are the property of BANDPRICE or of its licensors, and are protected by the Federal Copyright Law (Ley Federal del Derecho de Autor), the Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial) and the applicable international treaties.

7.2. The trademark THE WAR IN CHIAPAS and the associated distinctive signs are the property of BANDPRICE. Their unauthorized use is prohibited.

7.3. Third-party trademarks, names or signs that may appear are used on a purely referential or descriptive basis, without suggesting any association, sponsorship or endorsement.

8. Prohibited conduct
Comentado [FG1]: To be confirmed with the client: the age rating to be applied for (ESRB / PEGI / Mexican system). The Privacy Notice sets thirteen years as the threshold for data processing (a policy figure; the law does not impose it) and that figure must be consistent with the Game's final rating. If the rating ends up at 16 or 18, the threshold in the Notice must be moved.

The User is prohibited from:
• Copying, reproducing, distributing, selling, renting, lending, communicating or making available to the public the contents of the Site or any of its elements.
• Circumventing, altering or disabling technological protection measures or rights management information, within the meaning of the Federal Copyright Law (Ley Federal del Derecho de Autor).
• Extracting code, art, music, text or any other content from the Site in order to use it as training material or as an input for generative artificial intelligence systems, or to generate new content from it.
• Accessing or attempting to access non-public areas of the Site, breaching its security measures, introducing malicious code or carrying out automated data extraction without BANDPRICE’s written authorization.
• Removing, concealing or altering notices of authorship, of reservation of rights or of industrial property.
• Using the Site for unlawful purposes, for purposes contrary to these Terms, or in a manner that infringes third-party rights.

9. Content creators and fan content

9.1. BANDPRICE authorizes Users to capture, livestream, record and publish material from the Game (gameplay, screenshots, videos, reviews, fan art), including material monetized through the platforms’ ordinary programs, provided that:
• The Game and BANDPRICE are clearly identified.
• The material is not presented as official, sponsored or endorsed by BANDPRICE without its written authorization.
• No Game files, code, assets or unreleased versions are distributed.
• No misleading statements are made about the Game, its content or its development. • The material is not used in unlawful, discriminatory or hateful contexts, or in contexts that damage the reputation of the Game or of BANDPRICE.

9.2. This authorization is free of charge, revocable and does not constitute an assignment of rights. BANDPRICE may withdraw it in cases of misuse.

9.3. Official community channels. By taking part in the official channels (Discord, Patreon, social media and any other that BANDPRICE enables), the User undertakes to behave respectfully and to refrain from posting content that is unlawful, discriminatory, hateful, harassing, defamatory, misleading, sexually explicit or constitutes unauthorized advertising, or that discloses third parties’ personal data or material from unreleased versions of the Game.

9.4. Moderation. BANDPRICE may moderate the official channels and, accordingly, remove or hide content, restrict participation features, and temporarily or permanently suspend or exclude any User who breaches this clause or clause 8, without prejudice to the powers of each platform’s operator under its own policies. Moderation will be exercised in good faith and proportionately to the conduct concerned; BANDPRICE assumes no obligation of permanent monitoring and is not liable for the content that Users post.

10.Comments and suggestions
With respect to comments, suggestions, ideas, bug reports or materials that the User voluntarily sends to BANDPRICE, the User grants a free, worldwide, non-exclusive and perpetual license to use them in the development, improvement and promotion of the Game, with no obligation of consideration, credit or confidentiality. BANDPRICE is under no obligation to use them or to respond.

11. Ongoing development, demos and early access

11.1. The Game is in development. The demos, early access versions, test builds and promotional materials released on the Site show preliminary content, subject to change, and do not constitute a binding promise as to the features, content, dates or platforms of the final version.

11.2. Every development project carries risks that may affect timelines and scope. Any estimates communicated by BANDPRICE are given in good faith on the basis of the information available at the time.

12. Updates, availability and discontinuation

12.1. BANDPRICE may modify, update, suspend or reorganize the Site and its contents at any time. BANDPRICE does not guarantee the uninterrupted availability of the Site and assumes no maintenance or technical support obligations other than those imposed by law.

12.2. BANDPRICE may suspend, restrict, replace or discontinue online functionalities or ancillary services (for example, leaderboards, servers or community channels) for technical, operational or legal reasons, endeavoring to give reasonable advance notice through the official channels.

13. Third-party platforms and services
Access from the Site to Steam, console stores, Discord, Patreon, Kickstarter, YouTube or other third-party services is additionally subject to the terms and policies of those third parties. BANDPRICE neither controls nor is liable for those services, their content, their availability or

their interruptions, nor do the operators of those platforms assume any support or warranty obligation in respect of the Game.

14. Personal data
Any processing of personal data that may be carried out is governed by the Privacy Notice available at www.thewarinchiapas.com. BANDPRICE is the party responsible for that processing under the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares), and makes the Privacy Notice available to the User before collecting personal data. The rights of access, rectification, cancellation and opposition, the revocation of consent and the limitation of the use or disclosure of data are exercised through the means and within the time limits set out in that Notice.

15. Termination

15.1. The User may terminate these Terms at any time by ceasing to use the Site.

15.2. BANDPRICE may suspend or cancel access to the Site and terminate these Terms in respect of any User who seriously or repeatedly breaches clauses 8 or 9, with prior notice where reasonably possible.

15.3. On termination of these Terms, the User must cease all use of the Site. Clauses 3, 7, 8, 10, 14 and 16 to 23 will survive termination.

16. Content and intellectual property claims
16.1. Any person who considers that the Game infringes copyright, industrial property rights or image rights owned by them may notify thewarinchiapas@gmail.com, stating: their identification and contact details, the right invoked and evidence of it, a precise description of the content complained of and its location within the Site, and a statement that they are acting in good faith.
16.2. Through the same channel, BANDPRICE will address complaints from persons or communities who consider themselves affected by the treatment of real events or figures in the Game, and will assess them in good faith, without this implying any acknowledgment of liability.

17. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Site is provided “as is” and “as available”. BANDPRICE does not warrant that the Site will be uninterrupted or error-free, that it will be compatible with every device or configuration, that it will be free of harmful components, or that it will meet the User’s particular expectations.

18. Limitation of liability

18.1. To the maximum extent permitted by applicable law, BANDPRICE will not be liable for indirect, incidental or consequential damages, or for loss of data, profits or opportunity, arising from the use of or the inability to use the Site.

18.2. BANDPRICE is not liable for interpretations or political, historical or ideological readings that third parties make of the content of the Game, nor for the use that the User makes of that content outside the Game environment.

18.3. BANDPRICE’s total liability to the User on any ground relating to the Site will not exceed $2,000.00 (two thousand pesos 00/100 Mexican currency).

18.4. Nothing in these Terms limits BANDPRICE’s liability for willful misconduct or bad faith, or restricts the non-waivable rights granted to the User by the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) or by other mandatory provisions of applicable law.

19. Indemnity
The User will hold BANDPRICE harmless and will indemnify it for the damages, losses, expenses and reasonable fees caused to it by third-party claims arising from the User’s breach of these Terms, from the User’s misuse of the Site, or from the content that the User posts under clause 9.

20. Amendments to the Terms
BANDPRICE may amend these Terms in order to adapt them to legal or technical changes or to changes in the Game itself. The version in force will be the one published at www.thewarinchiapas.com, stating its update date. In the case of substantial changes, BANDPRICE will announce them through the official channels with reasonable advance notice of their entry into force. Continued use of the Site after that date implies acceptance of them.

21. General provisions

21.1. Language. The Spanish version of these Terms is the governing version; any translation is provided for reference purposes only.

21.2. Assignment. The User may not assign their rights or obligations under these Terms. BANDPRICE may assign them, in whole or in part, in the event of a corporate restructuring or a transfer of the Game.

21.3. Waivers. BANDPRICE’s failure to exercise a right does not imply a waiver of it. Every waiver must be made in writing and will apply solely to the specific case.

21.4. Severability. If any provision is declared void or unenforceable, the remaining provisions will retain full force and effect.

21.5. Entirety. These Terms, together with the Privacy Notice and the specific conditions of each campaign or platform, constitute the entire agreement between the parties in respect of their subject matter.

21.6. Notices. Communications addressed to the User will be deemed made when sent to the email address that the User has provided or, failing that, when published on the website or on the official channels. Communications addressed to BANDPRICE must be sent to the email address indicated in clause 23 and will be deemed made on the business day following the date they are sent. It is for the User to keep their contact details up to date.

22. Dispute resolution, governing law and jurisdiction

22.1. Before commencing any action, the parties will endeavor in good faith to resolve any dispute directly, by written communication addressed to the email address indicated in clause 23, over a period of thirty calendar days.

22.2. These Terms are governed by the laws of the United Mexican States.

22.3. For the interpretation and enforcement of these Terms, the parties submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile, without prejudice to the jurisdiction of the Federal Consumer Protection Agency (Procuraduría Federal del Consumidor), to the jurisdiction of the Ministry of Anti-Corruption and Good Governance (Secretaría Anticorrupción y Buen Gobierno) in matters of personal data protection, and to the rights granted to the User by the consumer legislation of the User’s domicile.

23. Contact
Any question, clarification, request for authorization or complaint relating to the Site or to the content published on it may be addressed to: thewarinchiapas@gmail.com.

TERMS AND CONDITIONS OF USE OF THE WEBSITE AND LEGAL NOTICES

TERMS AND CONDITIONS OF USE OF THE WEBSITE
AND LEGAL NOTICES