TERMS OF SERVICE
Effective Date: 13th April, 2018
Last updated: 13th April, 2018
AGREEMENT OF TERMS AND CONDITIONS FOR OUR PRODUCTS
YOU MUST READ THIS AGREEMENT CAREFULLY – IT IS A BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND OBLIGATIONS.
This agreement of the terms and conditions (the “Agreement”) that apply to all sales and free to play offerings of a license by AresTheDog Studios (“ATDS”) to use of the “ATDS Product” (ATDS Product means: (a) any and all video game(s) and application(s) as well as any and all related software code (b) the documentation, instruction manuals, and user manuals associated with the software; (c) audio and visual characteristics, screen images, plot, characters, “look and feel” and all of the other distinctive art and design features and characteristics of the game(s) and/or application(s) and related software code and websites; and/or (d) all other intellectual property of any nature or kind and all rights associated therewith, including without limitation, all rights of copyright, patent, trade secret, trademark, service mark, trade dress, artistic and moral rights, mask rights, character rights, publicity rights, and any and all other proprietary rights of any kind whatsoever relating to or associated with any and all video game(s), application(s)and related software code or any other item sold via the internet and/or any updates or upgrades to the ATDS Product) to third parties (all purchasers/users of the ATDS Product shall be referred to as “you” herein and all terms in reference thereto shall be a reference to such persons.).
By using the ATDS Product, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Service, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Service.
This is a legally binding agreement between you and ATDS. You acquire the limited license to personally use the ATDS Product by paying for the license to use the ATDS Product and by your agreement to be bound by this Agreement. If you fail to abide by the terms of this Agreement you will immediately return all such ATDS Product and delete all related software. The license is effective as of the time that you download the ATDS Product and shall terminate on your breach of this agreement. The license is limited to you personally and you may only use the ATDS Product for the purpose for which it was intended, to be played as a video game or in the case of an application, be used as tool. If you buy more than one ATDS Product, each ATDS Product will be bound by this Agreement or the agreement in place at that time and any change to any term of this Agreement shall be effective as of the date of such change on both parties. You cannot change this Agreement in manner or form. Any changes can only be made by ATDS in writing and such changes will not materially affect your rights or obligations.
USE OF ATDS PRODUCT
You agree that although you acquire a license from ATDS to personally make use of the ATDS Product, ATDS is the sole owner of the ATDS Product and you will abide by this agreement. You may make one backup or archival copy of the ATDS Product and, if you do make such a copy, you will include all information with such copy, including this agreement. You will not share, transfer or otherwise deal with the ATDS Product in any way. Without limiting the foregoing, you will not engineer, disassemble, modify, reverse engineer, modify or alter the ATDS Product in any manner or permit others to do same. You will not loan, rent, lease or otherwise transfer any part of the license or the ATDS Product to any party.
The following restrictions and rules apply to your use of the ATDS Product. As a condition of your use of the ATDS Product, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules set forth in this section as well as any additional restrictions or rules (such as application specific rules) set forth in the ATDS Product itself.
- You agree not to: Interfere with or disrupt the ATDS Product or servers or networks connected to the ATDS Product, or disobey any requirements, procedures, policies or regulations of networks connected to the ATDS Product;
- Interfere with, disrupt or circumvent any security feature of the ATDS Product or any feature that restricts or enforces limitations on use of or access to the ATDS Product;
- Use the ATDS Product to intentionally or unintentionally violate any applicable local, state, national or international law;
- Use the ATDS Product to harm minors in any way;
- Use the ATDS Product to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
- Defraud or mislead ATDS or other users;
- Impersonate any person or entity or falsely state or otherwise misinterpret your affiliation with a person or entity;
- Cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the ATDS experience to the detriment of fair play.
You also agree to comply with all applicable laws and other rules regarding online conduct and applicable User Content, and you agree to comply with all applicable laws or other rules regarding the transmission of technical data exported from Canada or the country in which you reside.
In addition, you agree not to use the ATDS Product or any portion of the ATDS Product to commit actions that ATDS considers, in its sole discretion, to be detrimental in any way to the ATDS Product or to any user’s enjoyment of the ATDS Product.
ATDS reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside of the spirit of these Terms of Service or the ATDS Product itself and to take action as a result, which may include exclusion from further participation in the ATDS Product.
You are responsible for any fees, including data, access, and usage fees charged by an internet provider or mobile carrier, that you incur when accessing the ATDS Product.
PAYMENT & WARRANTY
You will promptly pay all amounts charged to you by ATDS for the license and shall not dispute any such payment for any reason other than that the ATDS Product is not (within seven days of the date of license) performing as intended by ATDS ; and any such claim will only be made after ATDS has been given the opportunity to address any such issue.
ALL CLAIMS FOR THE REFUND OF PAYMENT SHALL BE MADE WITHIN SEVEN DAYS OF THE DATE OF YOU ACQUIRING THE LICENSE. YOU AGREE THAT ALL SALES ARE FINAL AND NON-REFUNDABLE, UNLESS ATDS OR THE APPLICABLE THIRD PARTY PLATFORM DECIDES IN ITS SOLE AND ABSOLUTE DISCRETION TO PROVIDE A REFUND WITHIN THE SEVEN DAY PERIOD. AFTER SEVEN DAYS FROM THE DATE YOU ACQUIRE THE LICENSE, YOU WILL NOT BE ENTITLED TO A REFUND BUT ATDS SHALL CONTINUE TO PROVIDE ASSISTANCE AND SUPPORT THROUGH ITS CUSTOMER SUPPORT SERVICE CENTRE.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The ATDS Product may include virtual currency, such as coins, gems, tokens or similar items that may be earned or obtained through the ATDS Product or otherwise purchased by you for legal tender or actual currency, subject to applicable law (“Virtual Currency”). The ATDS Product may also include virtual digital items such as commodities, abilities or other goods that may be earned or obtained through the ATDS Product or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (“Virtual Good”). ATDS reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. ATDS shall have no liability to you or any third party in the event that ATDS exercises any such rights. You have no right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the ATDS Product except the following: You will have a limited, personal, nontransferable, non-sub licensable, revocable license to use, solely within the ATDS Product, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by ATDS.
You agree that the transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized by the ATDS Product. Also, outside of the ATDS Product, you shall not sell, redeem or otherwise transfer the Virtual Currency or Virtual Goods to ATDS, any other user of the ATDS Product or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable unless ATDS or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Terms of Service, your license, or the ATDS Product is terminated for any reason, which may include without limitation, ATDS’s discontinuance for any reason of the applicable portion of the ATDS Product, you will forfeit all Virtual Currency and Virtual Goods and ATDS will have no liability to you in connection with that forfeiture.
The ATDS Product may invite or enable you and other users to create, submit, record, post, display, transmit, perform, publish or distribute communications (including but not limited to voice communications), content and materials (including without limitation text, writings, photographics, graphics, images, comments, personally identifiable information, etc.), including by making the foregoing available to ATDS and other users of the ATDS Product, whether via email or through online forums, message boards, messaging services, blogs, or other functionality of the ATDS Product or portions thereof (collectively, the “User Content”). ATDS has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the ATDS Product is the sole responsibility of the person from whom such User Content originated. ATDS has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, validity, legality, decency, integrity or any other quality. ATDS makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that the use of the ATDS Product is at your own risk and that by using the ATDS Product, you may be exposed to User Content that is indecent, offensive, objectionable or that does not otherwise meet your needs. You bear all risks associated with the use of any User Content available in connection with the ATDS Product. ATDS shall not be liable in any way for any User Content made available via the ATDS Product, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, ATDS reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the ATDS Product, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation any content generated by you) without notice for any reason, including without limitation the violation of these Terms of Service, or for no reason, at any time. You may bring User Content you believe violates the Terns of Service or other inappropriate behaviour to ATDS’s attention.
User Content that you make available in connection with the ATDS Product is herein referred to as “Your Content”. You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you. You represent and warrant that Your Convent is original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without ATDS incurring any third party obligations or liability arising out of its exercise of such rights and licenses. ATDS does not claim any ownership rights in Your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit Your Content. ATDS has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
You hereby grant to ATDS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sub-license), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose Your Content via the ATDS Product or any other means. You also hereby grant to ATDS the right to sublicense and authorize others to exercise any of the rights granted to ATDS under these Terms of Service. You further hereby irrevocably grant to ATDS the unconditional right to use and exploit your name, voice, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in a manner not agreeable to you.
YOU EXPRESSLY AGREE THAT THE USE OF THE ATDS PRODUCT IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER ATDS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY THE “ATDS PARTIES”) WARRANT THAT (A) THE ATDS PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE ATDS PRODUCT MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE ATDS PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ATDS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE ATDS PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ATDS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE ATDS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ATDS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ATDS ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ATDS IS TO STOP USING THE ATDS PRODUCT
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that ATDS or the ATDS Parties may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of ATDS’s and such ATDS Parties liability shall be the minimum permitted under the applicable law.
ATDS may terminate these Terms of Service and your access to the ATDS Product(or, at ATDS’s sole discretion, applicable portions of the ATDS Product) at any time and for any reason. In addition, ATDS may notify authorities or take any actions it deems appropriate (including without limitation your access to the ATDS Product), without notice to you if ATDS suspects or determines that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by ATDS; or ii) engaged in actions relating to or in the course of using the ATDS Product that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, ATDS , any third parties or the ATDS Product itself.
You may, as the result of the termination, lose any and all data and information associated with your use of the ATDS Product, including without limitation your user names, avatars, characters and achievements, Virtual Currency and Virtual Goods. You will not be entitled to and ATDS will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or ATDS. ATDS reserves the right to refuse to provide the ATDS Product to any individual.
These Terms of Service remain effective until terminated. You agree that these Terms of Service shall survive the termination of these Terms of Service or the ATDS Product.
DISPUTES WITH OTHERS
ATDS reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the ATDS Product. You are solely responsible for your interaction with other users of the ATDS Product and other parties that you come in contact with through the ATDS Product. You will cooperate fully with ATDS to investigate any suspected unlawful, fraudulent or improper activity.
ATDS hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the ATDS Product.
THIRD PARTY WEBSITES
The ATDS Product may contain links to third party websites or resources. You acknowledge and agree that ATDS is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, ATDS Product or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ATDS of such websites or resources or the content, ATDS Product, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. ATDS may remove any links at any time for any reason or for no reason.
This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.
SUCCESSORS IN INTEREST
The provisions of this Agreement shall be binding upon and inure to the benefit of the parties and, as applicable, their heirs, agents, successors, administrators and assigns. You may not assign this Agreement without written approval from ATDS in advance which may be unreasonably withheld. ATDS may assign this Agreement to any party which agrees to be bound by the agreement. ATDS will be released from any liability if it assigns the Agreement and all rights and obligations thereunder to a party who assumes same.
The waiver of any provision or the breach of any provision of this Agreement shall not be effective unless made in writing. Any waiver by ATDS of any provision or the breach of any provision of this Agreement shall not operate as or be construed to be a continuing waiver of the provision or the breach of the provision.
In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement.
This Agreement sets forth the entire understanding between the parties with respect to the subject matter here.