Our Games For Free develops and
publishes games for mobile devices. In this policy, "Our Games For Free" may also refer to "Our Games",
"We" or "Us".
This Agreement requires the use of arbitration on an
individual basis to resolve disputes, rather than jury trials or class actions,
and also limits the remedies available to you in the event of a dispute.
This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of any App
(including any related services provided by Our Games). By using any App, you
are accepting this Agreement and you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement. If you do not
agree with all of the provisions of this Agreement, please do not use any App.
This Agreement is the final, complete and exclusive agreement of you and Our
Games with respect to the subject matters hereof (including the Apps) and supersedes
and merges all prior discussions and agreements between the parties with
respect to such subject matters (including any prior End User License
Subject to the terms of this Agreement, Our Games grants you
a non-transferable, non-exclusive, license to (a) use for your personal use,
and (b) copy, for the purpose of downloading, installing and executing, the
number of copies for which you are authorized by the download site of each App
on a mobile device that you own or control for your use (the “License”).
The rights granted to you in this Agreement are subject to
the following restrictions: (a) you shall not license, sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit any App; (b) you
shall not modify, translate, adapt, merge, make derivative works of,
disassemble, decompile, reverse compile or reverse engineer any part of Apps,
except to the extent the foregoing restrictions are expressly prohibited by
applicable law; (c) you shall not access any App in order to build a similar or
competitive service or application; (d) except as expressly stated herein, no
part of any App may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, or
(e) you shall not remove or destroy any copyright notices or other proprietary
markings contained on or in any App. Any future release, update, or other addition
to functionality of any App (including in-App purchases, additional levels, and
gameplay enhancements) shall be subject to the terms of this Agreement, unless
otherwise provided in terms associated with such addition. All copyright and
other proprietary notices on any App content must be retained on any copies.
You are solely responsible for compliance with all applicable
laws, including without limitation export and import regulations.
Our Games reserves the right, at any time, to modify,
suspend, or discontinue the Apps or any part thereof with or without notice.
You agree that Our Games will not be liable to you or to any third party for
any modification, suspension, or discontinuance of any App or any part thereof.
Apps provided to you are licensed to you and not sold. Our
Games (and its licensors, where applicable) own all right, title and interest,
including all related intellectual property rights, in and to all Apps,
excluding your User Content (defined below). This Agreement is not a sale and
does not convey to you any rights of ownership in or related to any App. The
Our Games name, logo, and the product names associated with the Apps belong to
Our Games (or its licensors, where applicable), and no right or license is
granted to use them by implication, estoppel or otherwise. Our Games (and its
licensors, where applicable) reserve all rights not granted in this Agreement.
When you start or stop an App, it may display an ad. During
gameplay, banner and/or interstitial ads may be displayed.
“User Content” of a
user means any and all content that such user uploads, distributes, or
otherwise provides via any App. You are solely responsible for your User
Content. You assume all risks associated with use of your User Content,
including any reliance on its accuracy, completeness or usefulness by others,
or any disclosure of your User Content that makes you or any third party
personally identifiable. You hereby represent and warrant that your User
Content does not violate the Acceptable Use Policy (defined below). You may not
state or imply that your User Content is in any way provided, sponsored or
endorsed by Our Games. Our Games is not obligated to backup any User Content
and User Content may be deleted at any time. You are solely responsible for
creating backup copies of your User Content if you desire.
By uploading, distributing, or otherwise using your User
Content with any App, you automatically grant, and you represent and warrant
that you have the right to grant, to Our Games an irrevocable, nonexclusive,
royalty-free and fully paid, worldwide license, with the right to grant
sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare
derivative works of, incorporate into other works, and otherwise use your User
Content, solely to display your User Content on any App.
If you provide Our Games any feedback or suggestions (“Feedback”), you hereby assign to Our Games all rights in the Feedback and
agree that Our Games shall have the right to use such Feedback and related
information in any manner it deems appropriate. Our Games will treat any
Feedback you provide to Our Games as non-confidential and non-proprietary. You
agree that you will not submit to Our Games any information or ideas that you
consider to be confidential or proprietary.
The following sets forth Our Games “Acceptable Use Policy”:
You agree not to use any App to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
You agree not to use any App to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any App.
We reserve the right (but have no obligation) to review any
User Content in our sole discretion. We may remove or modify your User Content
at any time for any reason in our sole discretion with or without notice to
You agree to defend, indemnify and hold harmless Our Games
(and its suppliers) from and against any claims, suits, losses, damages,
liabilities, costs, and expenses (including reasonable attorneys’fees)
brought by third parties resulting from or relating to: (i)
your use of any App, (ii) your User Content, or (iii) your violation of this Agreement.
Our Games reserves the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify Our Games and
you agree to cooperate with our defense of these claims. You agree not to
settle any matter without the prior written consent of Our Games. Our Games
will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
Our Games may permit certain third party applications (like
leaderboards, game networks) to provide content through the App (“Third Party Services”). The App may be used to send content provided by the Third Party Service between users who have the Third Party
Service installed on their device. When you do so, Our Games will share
information with the Third Party Service as described
control Third Party Services. Our Games provides these Third
Party Services only as a convenience to you. Our Games has no obligation
to review or monitor, and does not approve, endorse, or make any
representations or warranties with respect to Third Party Services. You use all
Third Party Services at your own risk. When you access
a Third Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make
whatever investigation you feel necessary or appropriate before proceeding with
any transaction in connection with any Third Party
An App may contain User Content provided by other users of
the App. Our Games is not responsible for and does not control User Content.
Our Games has no obligation to review or monitor, and does not approve,
endorse, or make any representations or warranties with respect to User
Content. You use all User Content and interact with other users at your own
risk. Your interactions with other users are solely between you and the other
user and we are under no obligation to become involved. You agree that Our
Games will not be responsible for any liability incurred as the result of any
You hereby irrevocably and unconditionally release and
forever discharge Our Games (and its suppliers) from any and all claims,
demands, and rights of action, whether now known or unknown, which relates to
any interactions with, or act or omission of, any Third Party Service, other
Apps users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU
HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE
FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to pay all fees and applicable taxes incurred by
you or anyone making purchases through the App. Our Games may revise the
pricing for the goods and services offered to you through the App at any time.
YOU ACKNOWLEDGE THAT Our Games IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY
REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED
VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE APP
This Agreement is subject to occasional revision, and if we
make any substantial changes, we may notify you by prominently posting notice
of the changes on our Site. Any changes to this Agreement will be effective
upon the earlier of thirty (30) calendar days following our dispatch of an
e-mail notice to you (if applicable) or thirty (30) calendar days following our
posting of notice of the changes on our Site. These changes will be effective
immediately for new users of our Apps. Continued use of our Apps following
notice of such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes. The date on
which the latest update was made is indicated at the top of this document. We recommend
that you print a copy of this Agreement for your reference and revisit this
webpage from time to time to ensure you are aware of any changes.
If any provision of this Agreement is, for any reason, held
to be invalid or unenforceable, the other provisions of this Agreement will be
unimpaired and the invalid or unenforceable provision will be deemed modified
so that it is valid and enforceable to the maximum extent permitted by law.
This Agreement is the final, complete and exclusive agreement
of you and Our Games with respect to the subject matters hereof (including all
Apps) and supersede and merge all prior discussions and agreements between the
parties with respect to such subject matters (including any prior End User
exercise or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. The word
including means including without limitation. Your relationship to Our Games is
that of an independent contractor, and neither party is an agent or partner of
the other. This Agreement, and your rights and obligations herein, may not be
assigned by you without Our Games’s prior written
consent, and any attempted assignment in violation of the foregoing will be
null and void. Our Games may assign this Agreement in connection with a merger,
acquisition, reorganization or sale of all or substantially all of its assets,
or other operation of law, without your consent. The terms of this Agreement
shall be binding upon assignees.