This End User Licence Agreement (hereinafter "EULA" or "Agreement") governs the relationship between you and Often Games Limited (Address),("Often Games", "we", "our" and "us") in relation to our game (the "Game") and website (the "Website").
You must also accept and comply with all rules of external platforms that are applicable to the Game, including but not limited to Apple Appstore and Game Center rules, Google Play rules, and Facebook rules. Any breach of any rules of the external platforms shall also be regarded as a fundamental breach of the EULA by you.
Often Games grants you a non-exclusive license to use the game. You agree not to transfer, assign, rent, lease, sublicense, or lend the game to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way can be regarded as a violation of this EULA and rights of Often Games and shall render the license null and void.
The game is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to this agreement or you have your parents' permission to do so, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, terminate the agreement with any person or entity and change its eligibility criteria at any time. This provision is valid to the fullest extent that is permitted by the applicable jurisdiction.
You confirm your agreement to this EULA as part of the installation process of the game (if applicable) or by using the game. If you do not agree to this EULA, please do not attempt to install or play the game.
Creating an Account
You may create an account by logging in to the game through your Facebook account.
You must keep all information that is related to your account confidential. You are fully responsible for the conduct and actions by using your account and for all breaches of this EULA that are committed by using your account. We shall have no liability to you for any loss or damage arising from any unauthorized use of your account or any unauthorized access, use, alteration, modification, and/or disclosure of your personal information.
If you become aware of any unauthorized use of your account or any other breach of security or any hacking tools being used or that might be used in relation to the game, you must notify us at support@OftenGames.com
In the game, you may use real money to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual goods or virtual currency and other goods or services (together "virtual goods"). You are allowed to purchase virtual goods only from us or our authorized partners through the game, and not in any other way.
The transfer of virtual goods is prohibited except where expressly authorized in the game. Other than as expressly authorized in the game, you shall not sell, redeem, or otherwise transfer virtual goods to any person or entity, including but not limited to Often Games, another user, or any third party. You agree to pay all fees and applicable taxes that are incurred by you. We may revise the pricing for the virtual goods offered through the game at any time. You acknowledge that Often Games is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual goods when an account is closed.
We may manage, regulate, control, modify, or eliminate virtual goods at any time, with or without notice. We shall have no liability to you or any third party in the event that we exercise any such rights. ALL PURCHASES OF VIRTUAL CURRENCY OR GOODS THAT WERE MADE THROUGH THE GAME ARE FINAL AND NON-REFUNDABLE.
Changes to the Terms of This EULA
We may modify the Terms of this EULA from time to time, in our sole discretion. We'll let you know either by posting the modified EULA on the website or through other communications. It's important that you review the EULA whenever we modify it, because if you continue to use the game after we have posted the modified EULA on the website, you are indicating to us that you agree to be bound by the modified EULA. If you don't agree to be bound by the modified EULA, then you may not use the game. Because our game is evolving, over time we may change or discontinue all or any part of the game, at any time and without notice, at our sole discretion.
«y using the game you agree that you have the necessary hardware, software, and capability, including a suitable connection to the Internet that is required for the use of the game. We accept no responsibility or liability for any failure of your system to meet the technical requirements of our game.
The game may not include all (or may include different) functions and features than advertised. Functions and features are subject to further change. If an update contains material changes, you will be notified about it either by email or via the website or the game itself, and you will have the possibility to decline the installation of such an update and/or uninstall the game completely.
Copyright and Intellectual Property
Copyright and other intellectual, industrial, and/or proprietary rights to (name of the game) and to any whole or partial copies that you make are owned by Often Games or its licensors. We permit you to use the game only according to the terms of this EULA. All rights that are not specifically granted by Often Games are reserved by Often Games. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the mechanism/principle of functionality or modify the functionality, or to allow any third party to make benchmark or other tests of the game, except for uses that are allowed in this EULA. We are willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Often Games is the subject of copyright and other intellectual, industrial or proprietary rights of Often Games and/or third parties.
Disclaimer of Warranties
You expressly acknowledge and agree that you use the game at your sole risk. The game is provided "as is" and without warranty of any kind, and Often Games, its affiliates and their respective licensors (hereinafter, collectively referred to as "Often Games") expressly disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose or any warranties of title and/or non-infringement. We do not warrant that the functions that are contained in the game will meet your requirements or that the operation of the game will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the game in terms of its correctness, accuracy, or reliability, or in any other terms. We do not guarantee that the game will work correctly if you abandon the updates of the game. No oral or written information or advice that is given by us, our authorized representative, or any other party shall create any warranty with respect to the game. Should the game prove defective, you (and not Often Games or an Often Games authorized representative) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the exclusions that are described in this license may not apply to you. We provide no warranty that any computer hardware or software will not be damaged by the game or any data that you download while using the game. You assume the entire risk of downloading, installing, copying, operating and using the game. We strongly recommend that you perform a virus check of all software before installation or use.
Limitation of Liability
You acknowledge and agree that to the fullest extent permissible by law neither Often Games nor any of its affiliates, its or their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors shall be liable for any loss or damage of any kind, direct or indirect, including, but not limited to compensatory, consequential, incidental, direct, indirect, special, exemplary, or punitive damages, in connection with or arising from the use of the game or otherwise in connection with this EULA. In all cases, our entire liability under any provision of this license shall be limited to the amount that is actually paid allocable to the associated product. Some jurisdictions do not allow the exclusion of or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations that are described in this EULA may not apply to you.
You agree to defend Often Games, its affiliates, and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand, and/or actions and indemnify and hold Often Games, its affiliates, and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs, and expenses (including reasonable attorneys' fees) resulting from your breach or violation of this agreement, infringement, misappropriation, or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of the game. We reserve the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
Links to Third-Party Websites or Resources
The website may contain links to third-party websites. We provide these links only for your convenience and are not responsible for the content, products, or service on or available from those websites, resources, or links that are displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites.
If any part of this license is held invalid or unenforceable, the remaining provisions of this license shall be unimpaired and remain in full force and effect.
We shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond our control, including, without limitation, power failures, Internet failures, dislocating servers, DDoS attacks, hack attacks, viruses, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of magnitude or type for which precautions are not generally taken in the industry.
Term and Termination
This EULA is effective until terminated. Without prejudice to any other rights, we may immediately terminate this agreement if you fail to comply with any of the terms and conditions that are set out in this EULA. In such event, you must cease all use of the game and destroy all copies of it that are in your possession. The inaction of Often Games to terminate this agreement after you fail to comply with any of the terms and conditions that are set out in this EULA does not imply a waiver of any kind of the rights reserved by us under this and other provisions.
Governing Law and Jurisdiction
The parties mutually acknowledge and agree that this agreement shall be construed and enforced in accordance with the laws of the United Kingdom, to the exclusion of the conflicts of laws provisions thereof. If any disputes, differences, or controversies arise between the parties in connection with this agreement, the parties shall thoroughly explore all possibilities for the amicable settlement. In case an amicable settlement cannot be reached, all disputes, differences, or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org
). The language of the arbitral proceedings shall be English.
If you have any questions, suggestions or comments regarding this EULA, please contact us at support@OftenGames.com.