Terms of Service and End User License Agreement (“EULA”)
Last updated January, 11, 2020
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and The OG Games and its affiliates (“The Company”). This EULA governs your use of the “Software,” which is defined as all software programs distributed, published or otherwise made available by The Company or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computers, and any games accessed by any other means of online communication. Software also includes any updates and upgrades as well as any electronic or online materials or documentation, and any and all copies of such software and its materials. “Services” is defined as all services made available by The Company, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method. Software and Services are collectively referred to as “Company Services.”
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE COMPANY SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA. THE TERMS OF THIS EULA MAY CHANGE AT ANY TIME WITHOUT NOTICE. CONTINUED USE OF COMPANY SERVICE WILL SIGNIFY YOUR ACCEPTANCE OF ANY CHANGES MADE TO THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT INSTALL, USE, OR ACCESS ANY OF THE COMPANY SERVICES.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by The Company, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services. The term of your licenses ends on the date you either dispose of the Software and/or Services or The Company terminates this EULA, whichever occurs first. Your license terminates immediately if you breach any of the terms of this EULA or attempt to circumvent any technical protection measures used in connection with the Software and/or Services. The Company reserves the right to terminate this EULA and/or any of the Company Services at any time.
The Company retains all right, title, and interest in and to the Company Services, including, but not limited to all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, know-how, animations, themes, characters, character names, story lines, dialog, speech, settings, artwork, sound effects, music, audio recordings, and moral rights whether registered or not and all applications thereof. The Company Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Company Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from The Company. All rights not expressly granted to you herein are reserved by The Company.
THIRD PARTY SERVICES
The Company Services may utilize third party services, which may include but are not limited to links to outside services on our website, gameplay recording or sharing, social networking services, multiplayer gaming services, and high score record keeping. These services are subject to their own third party terms and conditions. The Company is not liable for the acts and omissions of these third parties, except as provided by mandatory law. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
GENERAL LICENSE CONDITIONS
By using any of The Company Services, you are agreeing to NOT:
The Company Services may allow you to create and utilize your own content, including but not limited to screenshots, videos, personal art, or level designs. You hereby grant The Company an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions.
You may not use The Company Services to submit or link to any content which is defamatory, abusive, hateful, threatening, libelous, spam or spam-like, likely to offend, contains adult, nudity or objectionable content, contains personal information of others, or is racially, sexually, religiously, or otherwise objectionable or offensive, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You may not use cheats, hacks, mods, exploits, or any other unauthorized third-party software designed to modify or interfere with The Company Services. You may not use The Company Services to harm anyone or to cause offense to or harass any person or disrupt The Company Services in a way that may negatively affect others’ ability to fully enjoy The Company Services.
By registering for an account for any Company Services or otherwise using any Company Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. You shall not create an account or access the Service if you are under the age of 13, you shall restrict use of Company Services by minors. You accept full responsibility for any unauthorized use of Company Services by minors.
You acknowledge and agree that The Company Services may be updated at any time without notice to you and that The Company may require updates to The Company Services.
PAYMENTS AND USE OF VIRTUAL GOODS
The Company may license to you certain virtual goods to be used within The Company Services. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use within The Company Services.
Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase third party virtual currency in connection with virtual goods licensed by The Company Services, such transaction is governed by the agreement between you and the corresponding third party and The Company is not a party to the transaction nor is it liable for any issues that may arise from the transaction or use of said third party currency.
The Company may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. The Company shall have no liability to you or any third party in the event that The Company exercises any such rights. You acknowledge that you have no property rights in any virtual goods.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY, FOR ANY REASON WHATSOEVER.
The Company Services are provided to you “as is,” with all faults, without warranty of any kind. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, suitability, uninterrupted use, merchantability, non-infringement, or fitness for a particular purpose of any of The Company Services or the information or materials found, collected, or offered within The Company Services. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The Company does not warrant that you will be able to access or use The Company Services at all times or locations or that such access will be uninterrupted, that any defects will be corrected, or that The Company Services are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS PARTNERS, NOR ITS CONTRACTORS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE COMPANY SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHER INTANGIBLE LOSSES AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT THE COMPANY, ITS PARTNERS, OR ITS CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, THE COMPANY’S LICENSORS, PARTNERS, AND CONTRACTORS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR DAMAGES EXCEED THE ACTUAL PRICE PAID FOR THE COMPANY SERVICES.
OTHER TERMS AND CONDITIONS
TERMINATION: This EULA will terminate automatically without notice if you fail to comply with its terms and conditions or if The Company suspects that you are failing to comply with this EULA. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any of The Company Services. The Company is under no obligation to compensate you for any losses arising out of such termination.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, The Company will be irreparably damaged, and therefore, you agree that The Company shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold The Company, its partners, affiliates, contractors, members, employees, and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using The Company Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The Company reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on The Company’s website. You will be deemed to have accepted such changes by continuing to use The Company Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW: This EULA will be governed by the laws of the State of New York, without reference to its choice of law rules. You agree that any dispute you have with The Company will be resolved exclusively by a court located in Dutchess County, New York. You consent to personal jurisdiction in such county for all disputes related to this EULA, The Company Services, or the Company.
SEVERABILITY: You agree that if any portion of this EULA is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
ASSIGNMENT: The Company is permitted to assign its rights under this EULA to any person or entity at any time. You are not permitted to assign or delegate your rights and obligations under this EULA without the Company’s prior written consent.