Terms of Service
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 online sales of a license by Tangram Polygon Puzzle
(“the Company”) to use of the “Product” (Product means: (a) any and
all video game(s) and 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 related
software code; 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) and related software code
or any other item sold via the internet and/or any updates or
upgrades to the Product) to third parties (all purchasers/users of
the Product shall be referred to as “you” herein and all terms in
reference thereto shall be a reference to such persons.).
By using the 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 Company. You
acquire the limited license to personally use the Product by paying
for the license to use the 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 Product and delete
all related software. The license is effective as of the time that
you download the Product and shall terminate on your breach of this
agreement. The license is limited to you personally and you may only
use the Product for the purpose for which it was intended, to be
played as a video game. If you buy more than one Product, each
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 can’t
change this Agreement in manner or form. Any changes can only be
made by Company in writing and such changes will not materially
affect your rights or obligations.
Company reserves the right, at its discretion, to change, modify,
add or remove portions of these Terms of Service and its Privacy
Policy at any time by posting the amended terms on its website at
elonix.it.com. You will be deemed to have accepted such changes by
continuing to use the Product. Except as otherwise expressly stated,
all amended terms shall automatically be effective immediately when
posted.
If at any point you do not agree to any portion of the then current
version of the Terms of Service, the Privacy Policy, or any other
Company policy or rules relating to the Product, your license to use
the Product shall immediately terminate, and you must immediately
stop using the Product.
USE OF PRODUCT
You agree that although you acquire a license from Company to
personally make use of the Product, Company is the sole owner of the
Product and you will abide by this agreement. You may make one
backup or archival copy of the 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 Product in any way. Without limiting the foregoing, you will not
engineer, disassemble, modify, reverse engineer, modify or alter the
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 Product to any party.
The following restrictions and rules apply to your use of the
Product. As a condition of your use of the 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 Product itself.
- You agree not to:Interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Product;
- Interfere with, disrupt or circumvent any security feature of the Product or any feature that restricts or enforces limitations on use of or access to the Product;
- Use the Product to intentionally or unintentionally violate any applicable local, state, national or international law;
- Use the Product to harm minors in any way;
- Use the 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 Company 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 Company 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 Product or any portion of the
Product to commit actions that Company considers, in its sole
discretion, to be detrimental in any way to the Product or to any
user’s enjoyment of the Product.
Company 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 Product itself and to take action as a result, which may
include exclusion from further participation in the 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 Product.
PAYMENT & WARRANTY
You will promptly pay all amounts charged to you by Company for the license and shall not dispute any such payment for any reason other than that the Product is not (within seven days of the date of license) performing as intended by Company; and any such claim will only be made after Company 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 COMPANY 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 COMPANY SHALL CONTINUE TO PROVIDE ASSISTANCE AND SUPPORT THROUGH ITS CUSTOMER SUPPORT SERVICE CENTRE.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Product may include virtual currency, such as coins, gems,
tokens or similar items that may be earned or obtained through the
Product or otherwise purchased by you for legal tender or actual
currency, subject to applicable law (“Virtual Currency”). The
Product may also include virtual digital items such as commodities,
abilities or other goods that may be earned or obtained through the
Product or otherwise purchased by you for legal tender or actual
currency, or for Virtual Currency, subject to applicable law
(“Virtual Goods”). Company 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. Company shall have
no liability to you or any third party in the event that Company
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 Product except the following: You will have a
limited, personal, nontransferable, non-sublicensable, revocable
license to use, solely within the Product, Virtual Goods and Virtual
Currency that you have earned, purchased or otherwise obtained in a
manner authorized by Company.
You agree that the transfer of Virtual Currency and Virtual Goods is
prohibited except where expressly authorized by the Product. Also,
outside of the Product, you shall not sell, redeem or otherwise
transfer the Virtual Currency or Virtual Goods to Company, any other
user of the Product or any other party.
You agree that all
sales of Virtual Currency and Virtual Goods are final and
non-refundable unless Company 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 Product is terminated for any reason, which may include
without limitation, Company's discontinuance for any reason of the
applicable portion of the Product, you will forfeit all Virtual
Currency and Virtual Goods and Company will have no liability to you
in connection with that forfeiture.
USER CONTENT
The 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 Company and other users of the Product,
whether via email or through online forums, message boards,
messaging services, blogs, or other functionality of the Product or
portions thereof (collectively, the “User Content”). Company 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 Product is the sole responsibility
of the person from whom such User Content originated. Company 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. Company makes no, and hereby
disclaims any and all, warranties or other guarantees with respect
to User Content. You understand that the use of the Product is at
your own risk and that by using the 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
Product. Company shall not be liable in any way for any User Content
made available via the 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, Company reserves the right in
its sole discretion to pre-screen, review, monitor, refuse, remove
from the 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 Company's attention.
User Content that you make
available in connection with the 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 Company incurring any third party obligations or liability
arising out of its exercise of such rights and licenses. Company
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. Company has no
obligation to monitor or enforce your intellectual property rights
in or to Your Content.
You hereby grant to Company 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 Product or any other
means. You also hereby grant to Company the right to sublicense and
authorize others to exercise any of the rights granted to Company
under these Terms of Service. You further hereby irrevocably grant
to Company 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.
COMPANY REPRESENTATIONS
YOU EXPRESSLY AGREE THAT THE USE OF THE 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 COMPANY NOR ITS AFFILIATES
OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR
LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) WARRANT THAT (A) THE
PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE PRODUCT MATERIALS OR
USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE PRODUCT WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE
CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY
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 PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE
LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO COMPANY 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 COMPANY
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 COMPANY IS TO STOP USING THE
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 Company or
the Company 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 Company's and such
Company Parties liability shall be the minimum permitted under the
applicable law.
TERMINATION
Company may terminate these Terms of Service and your access to the
Product (or, at Company's sole discretion, applicable portions of
the Product) at any time and for any reason. In addition, Company
may notify authorities or take any actions it deems appropriate
(including without limitation your access to the Product), without
notice to you if Company 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 Company; or 9ii) engaged in actions
relating to or in the course of using the Product that may be
illegal or cause liability, harm, embarrassment, harassment, abuse
or disruption for you, Company, any third parties or the Product
itself.
You may, as the result of the termination, lose any
and all data and information associated with your use of the
Product, including without limitation your user names, avatars,
characters and achievements, Virtual Currency and Virtual Goods. You
will not be entitled to and Company 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 Company. Company reserves the right to
refuse to provide the 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 Product.
DISPUTES WITH OTHERS
Company reserves the right, but has no obligation, to monitor and
manage disputes between you and other users of the Product. You are
solely responsible for your interaction with other users of the
Product and other parties that you come in contact with through the
Product. You will cooperate fully with Company to investigate any
suspected unlawful, fraudulent or improper activity.
Company hereby disclaims any and all liability to you or any third
party relating to any dispute between you and other users of the
Product.
THIRD PARTY WEBSITES
The Product may contain links to third party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, 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. Company may remove any links at any time for any reason or for no reason.
GOVERNING LAW
This Agreement shall be governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of New Brunswick.
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 Company in advance which may
be unreasonably withheld. Company may assign this Agreement to any
party which agrees to be bound by the agreement. Company will be
released from any liability if it assigns the Agreement and all
rights and obligations thereunder to a party who assumes same.
WAIVER
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 Company 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.
SEVERABILITY
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.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding between the parties with respect to the subject matter here.