Terms of Use
Last Updated: October 10, 2025
Welcome to the digital and physical properties operated under Engineered Overkill Limited, Awaken the Night, Brainkandy, Collider, Sugarkube, and Astron (collectively, the “Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of all websites, software systems, mobile applications, events, products, and services associated with our brands (collectively, the “Services”).
By accessing or using any of our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Entity Overview
Engineered Overkill Limited – Owns all software, intellectual property, automation frameworks, and system designs.
Awaken the Night – Operates live events, production logistics, and community experiences.
Brainkandy – Media, communications, and brand storytelling division.
Collider – Events and experiential brand representing physical productions and ticketed experiences.
Sugarkube – Social community IP, membership systems, and digital culture identity.
Astron – Campus and physical venue systems for collaboration, education, and innovation.
All entities are integrated under the operational and intellectual umbrella of Engineered Overkill Limited.
2. Eligibility
You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use the Services. By accessing or using our Services, you represent that you meet this requirement.
3. Intellectual Property
All content, code, designs, systems, logos, creative works, and proprietary technologies within the Services are owned or licensed by Engineered Overkill Limited.
This includes but is not limited to:
Software systems, source code, and AI frameworks.
Event systems, ticketing platforms, and membership integrations.
Media assets, photography, film, and creative branding elements.
Trademarks, trade dress, and service marks (including Awaken the Night, Sugarkube, Collider, Brainkandy, and Astron).
Unauthorized use, reproduction, or distribution is strictly prohibited and may result in legal action.
4. Acceptable Use
You agree not to:
Access or use the Services for unlawful purposes.
Copy, reverse engineer, or distribute our software or systems.
Interfere with, disrupt, or exploit the Services for unauthorized gain.
Misrepresent your identity or association with the Company or its affiliates.
Engage in abusive, defamatory, or harassing conduct within community spaces (online or physical).
We reserve the right to suspend or terminate any account or access without notice for violations of these Terms.
5. User Content
By submitting or uploading any content (including media, reviews, comments, or social posts), you grant the Company a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display, and distribute that content across our networks, media, and marketing systems.
You are responsible for ensuring your content does not infringe on any third-party rights.
6. Events and Ticketing (Collider / Awaken the Night)
All sales for tickets, passes, or memberships are final and non-refundable unless explicitly stated otherwise.
Event entry may require age verification, identification, or compliance with specific venue policies.
We reserve the right to deny entry or remove any individual for unsafe, unlawful, or disruptive behavior.
7. Software and System Access (Engineered Overkill / Brainkandy / Sugarkube / Astron)
You are granted a limited, non-exclusive, non-transferable license to use our software and digital platforms solely for their intended purposes.
All rights not expressly granted remain the exclusive property of the Company.
Software access may require membership, payment, or subscription; unauthorized use or redistribution will result in termination and potential legal remedies.
8. Payment and Billing
All fees, subscriptions, and payments are due in accordance with the terms presented at purchase.
You authorize the Company to charge your selected payment method for recurring or one-time transactions associated with your use of the Services.
Failure to maintain valid payment information may result in suspension or termination of access.
9. Privacy
Your use of our Services is subject to our Privacy Policy, which explains how we collect, use, and safeguard your information.
10. Disclaimer of Warranties
All Services are provided “as is” and “as available” without warranties of any kind, either express or implied.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses.
Use of the Services is at your own risk.
11. Limitation of Liability
To the maximum extent permitted by law, the Company and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill arising from your use or inability to use the Services.
12. Indemnification
You agree to indemnify and hold harmless Engineered Overkill Limited, its affiliates, officers, and partners from any claims, damages, liabilities, or expenses arising from your use of the Services or violation of these Terms.
13. Termination
We may suspend or terminate your access to any Service at our sole discretion, without notice, for conduct we believe violates these Terms or harms the integrity, safety, or reputation of our community or brands.
14. Governing Law
These Terms are governed by and construed under the laws of the State of Colorado, United States, without regard to its conflict of laws principles.
Any disputes shall be resolved exclusively in the courts located in Denver County, Colorado.
15. Modifications
We reserve the right to modify or update these Terms at any time. Changes become effective immediately upon posting. Your continued use constitutes acceptance of the revised Terms.
16. Contact
For questions regarding these Terms or our Services, please contact:
Engineered Overkill Limited
2055 W Barberry Pl, Denver, CO
Email: [email protected]
⚖️ MASTER TERMS OF USE
(as previously drafted above – to serve as the legal core)
Each of the following Appendices forms part of and is governed by the Engineered Overkill Limited Terms of Use.
When you access any brand-specific property, you agree to both the master Terms and the corresponding Appendix.
APPENDIX A – ENGINEERED OVERKILL LIMITED (Software & Intellectual Property)
1. Scope
This Appendix applies to all software systems, automation frameworks, AI models, and intellectual property owned or licensed by Engineered Overkill Limited (“EOL”).
2. Software Licensing
All code, algorithms, scripts, and digital architectures are proprietary. Access is granted only through official licensing, subscription, or partnership agreements.
Reverse-engineering, replication, or resale is strictly prohibited.
3. Intellectual Property Protection
The following categories are protected under copyright and trade secret law:
Source code, designs, system architecture, and backend logic.
Trademarks, internal frameworks, product names, and trade dress.
Custom user interfaces and AI-generated works.
4. Developer & Partner Access
Authorized developers or integration partners may only use access keys, credentials, or API endpoints provided by EOL for agreed-upon purposes.
Any breach will result in immediate termination and potential civil or criminal penalties.
APPENDIX B – AWAKEN THE NIGHT (Operations & Productions)
1. Scope
This Appendix governs live productions, event operations, stage builds, touring, logistics, and affiliated production services under the Awaken the Night brand.
2. Conduct & Safety
All staff, contractors, and attendees must comply with venue safety regulations, local laws, and event-specific codes of conduct.
Harassment, violence, or disruptive behavior will result in immediate removal and possible legal action.
3. Equipment & Liability
The Company is not responsible for loss, theft, or damage of personal equipment or property.
Event participants assume full responsibility for their gear, tools, and safety compliance.
4. Cancellations & Force Majeure
In the event of weather, technical failure, or government mandate, the Company reserves the right to reschedule or cancel events without refund, unless otherwise required by law.
APPENDIX C – BRAINKANDY (Media, Communications & Brand Assets)
1. Scope
This Appendix covers all content creation, digital media, advertising, branding, and communication systems operated under Brainkandy.
2. Ownership & Usage
All published media—including video, photography, podcasts, marketing materials, and branded campaigns—remain the sole property of the Company unless explicitly licensed.
3. Participant Releases
By attending a recorded or photographed event, you grant Brainkandy and its affiliates permission to capture, reproduce, and use your likeness, voice, and image in any media without compensation.
4. Third-Party Content
Media partners or collaborators must obtain written consent before using any Brainkandy IP. Unauthorized redistribution or modification is strictly prohibited.
APPENDIX D – COLLIDER (Events & Ticketing)
1. Scope
This Appendix governs attendance, participation, and conduct at Collider events, including ticket sales, refunds, and onsite experiences.
2. Ticketing & Entry
All sales are final unless an event is canceled outright.
Tickets are non-transferable except through the official resale or referral system.
Valid ID must match the name on the ticket at entry.
3. Behavior & Safety
Attendees must follow all event rules, staff directions, and local laws. Illegal substances, weapons, and harassment are strictly prohibited.
The Company reserves the right to remove any individual for violation without refund.
4. Photography & Recording
By entering a Collider event, attendees consent to being filmed or recorded for promotional purposes.
5. Refunds
Refunds may be issued only if the event is canceled and no rescheduled date is offered.
APPENDIX E – SUGARKUBE (Social IP & Membership Systems)
1. Scope
This Appendix applies to all community networks, membership programs, and digital social systems operated under Sugarkube.
2. Community Standards
Members must respect others, contribute constructively, and avoid harassment, defamation, or disruptive behavior.
Violations may result in suspension or permanent removal.
3. Membership & Access
Membership tiers, privileges, and referral systems are subject to change at any time.
Access to member-only areas or benefits may require payment, verification, or adherence to group policies.
4. Content & Moderation
Posts or submissions within Sugarkube communities may be moderated for safety, relevance, or integrity.
The Company reserves the right to remove any content without notice.
APPENDIX F – ASTRON (Campus & Educational Systems)
1. Scope
This Appendix governs access to physical and digital learning environments, workshops, residencies, and labs operated under Astron.
2. Code of Conduct
All participants must maintain professionalism, respect property, and comply with campus policies.
Disruptive, unsafe, or unlawful conduct will result in removal from the premises.
3. Intellectual Contributions
Any work, project, or invention developed using Astron facilities or systems may be subject to shared IP agreements or internal licensing under Engineered Overkill Limited.
4. Equipment Use
All equipment and resources are to be used responsibly. Damaged or lost property due to negligence may incur repair or replacement costs.
APPENDIX G – CROSS-BRAND INTEGRATION
1. Unified Account System
Users may access multiple brands through a single unified account. Your data, preferences, and access levels may sync across platforms.
2. Data Sharing
By using interconnected services, you consent to limited data sharing between divisions to enhance performance, security, and user experience.
3. Cross-Promotion & Offers
Your participation in one program may qualify you for invitations or discounts across other brands (e.g., Collider events, Sugarkube memberships, Astron workshops).
APPENDIX H – DISPUTE RESOLUTION (All Brands)
Any dispute arising from any of the above brands or their activities shall be consolidated under Engineered Overkill Limited and resolved exclusively under Colorado law, as stated in Section 14 of the Master Terms.