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THE GLADE – END USER LICENSE AGREEMENT
Last Updated: May 16, 2017
BY ACCEPTING THIS END USER LICENSE AGREEMENT (“EULA”) OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THE EULA IN ITS ENTIRETY. IF YOU DO NOT AGREE TO THE EULA, YOU MUST IMMEDIATELY STOP USING OUR SERVICES.
Kelly Studios, (“Kelly Studios," "we," "us" or "our”) is pleased to provide you access to, and use of software, websites, applications, and content (collectively, the "Game”). These EULA ("Terms") apply to your purchase, access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Kelly Studios for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
Availability
The Software and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.
Change of Use
Kelly Studios reserves the right for any reason in our sole discretion to change or remove (temporarily or permanently) the Game or any part of it without notice or penalty. We may also impose limits on certain features of the Game or restrict your access to part or all of the Game without notice or penalty. You confirm that Kelly Studios, its directors, officers, shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any loss or damage you sustain for any such change or removal and change these Terms and Conditions at any time.
Pricing and Payment
We may accept various forms of payment, and additional terms with your payment provider may apply. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
Refunds
Refunds will be determined by the store through which you purchase the Game and will be subject to that platform’s terms.
Ownership
Excluding User Content (as defined below), all intellectual property rights, including but not limited to copyrights and trademarks, in the Game (including but not limited to the design, text, graphics and all software and source codes) are owned by or licensed to Kelly Studios or otherwise used by Kelly Studios as permitted by law.
Permitted Use
The Game is made available to you for your lawful, personal use only. You may use the Game only in the manner expressly described in these Terms and subject to all applicable laws. Using the Game for any other purpose or in any other manner is strictly prohibited. Except as provided below, you may not copy, imitate, publish, republish, distribute, extract, re-use, upload, post, transmit, modify or reproduce any part of the Game, in whole or in part, without the proper prior written consent of Kelly Studios. This excludes the downloading, copying and/or printing of pages of the Game for personal, non-commercial home use only.
User Content
Kelly Studios may allow you to provide comments, ideas, suggestions, or other content (“User Content”) submitted through or to the Game and through other social media applications, email, telephone or mail. You are solely responsible for any and all User Content. You are strictly prohibited from providing any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or in our sole discretion otherwise injurious or objectionable to us or to any third parties. By submitting User Content to us you represent and warrant that the User Content is original to you and that no other party has any rights to the User Content. By submitting any User Content to Kelly Studios you automatically grant to Kelly Studios and its successors, assigns and licensees a perpetual, royalty-free right and license to use and modify such User Content, without any liability whatsoever. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclaimers and Limitation of Liability
The Game is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Kelly Studios, its principals, directors, officers shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site. Kelly Studios makes no warranty that the functionality of the Game will be uninterrupted or error free, that defects will be corrected or that the Game makes it available are free of viruses or anything else which may be harmful or destructive. To the fullest extent permitted by law, your sole remedy for any claim for damages arising out of or related to use of the Site and your purchase or use of the Products shall be limited to a refund of the purchase price paid for the Product in question.
Indemnity
You agree to indemnify and hold Kelly Studios, its principals, directors, officers, shareholders, partners, employees, contractors, suppliers or agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms or other liabilities arising out of your use of the Game.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. In the event the foregoing exclusions or limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.
Severance
If any provision of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of British Columbia, Canada and you hereby submit to the exclusive jurisdiction of the British Columbia courts.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to use the Game after such revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Game.
For any further information please email: info@thegladevr.com
Last Updated: May 16, 2017
BY ACCEPTING THIS END USER LICENSE AGREEMENT (“EULA”) OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THE EULA IN ITS ENTIRETY. IF YOU DO NOT AGREE TO THE EULA, YOU MUST IMMEDIATELY STOP USING OUR SERVICES.
Kelly Studios, (“Kelly Studios," "we," "us" or "our”) is pleased to provide you access to, and use of software, websites, applications, and content (collectively, the "Game”). These EULA ("Terms") apply to your purchase, access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Kelly Studios for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
Availability
The Software and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.
Change of Use
Kelly Studios reserves the right for any reason in our sole discretion to change or remove (temporarily or permanently) the Game or any part of it without notice or penalty. We may also impose limits on certain features of the Game or restrict your access to part or all of the Game without notice or penalty. You confirm that Kelly Studios, its directors, officers, shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any loss or damage you sustain for any such change or removal and change these Terms and Conditions at any time.
Pricing and Payment
We may accept various forms of payment, and additional terms with your payment provider may apply. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
Refunds
Refunds will be determined by the store through which you purchase the Game and will be subject to that platform’s terms.
Ownership
Excluding User Content (as defined below), all intellectual property rights, including but not limited to copyrights and trademarks, in the Game (including but not limited to the design, text, graphics and all software and source codes) are owned by or licensed to Kelly Studios or otherwise used by Kelly Studios as permitted by law.
Permitted Use
The Game is made available to you for your lawful, personal use only. You may use the Game only in the manner expressly described in these Terms and subject to all applicable laws. Using the Game for any other purpose or in any other manner is strictly prohibited. Except as provided below, you may not copy, imitate, publish, republish, distribute, extract, re-use, upload, post, transmit, modify or reproduce any part of the Game, in whole or in part, without the proper prior written consent of Kelly Studios. This excludes the downloading, copying and/or printing of pages of the Game for personal, non-commercial home use only.
User Content
Kelly Studios may allow you to provide comments, ideas, suggestions, or other content (“User Content”) submitted through or to the Game and through other social media applications, email, telephone or mail. You are solely responsible for any and all User Content. You are strictly prohibited from providing any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or in our sole discretion otherwise injurious or objectionable to us or to any third parties. By submitting User Content to us you represent and warrant that the User Content is original to you and that no other party has any rights to the User Content. By submitting any User Content to Kelly Studios you automatically grant to Kelly Studios and its successors, assigns and licensees a perpetual, royalty-free right and license to use and modify such User Content, without any liability whatsoever. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclaimers and Limitation of Liability
The Game is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Kelly Studios, its principals, directors, officers shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site. Kelly Studios makes no warranty that the functionality of the Game will be uninterrupted or error free, that defects will be corrected or that the Game makes it available are free of viruses or anything else which may be harmful or destructive. To the fullest extent permitted by law, your sole remedy for any claim for damages arising out of or related to use of the Site and your purchase or use of the Products shall be limited to a refund of the purchase price paid for the Product in question.
Indemnity
You agree to indemnify and hold Kelly Studios, its principals, directors, officers, shareholders, partners, employees, contractors, suppliers or agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms or other liabilities arising out of your use of the Game.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. In the event the foregoing exclusions or limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.
Severance
If any provision of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of British Columbia, Canada and you hereby submit to the exclusive jurisdiction of the British Columbia courts.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to use the Game after such revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Game.
For any further information please email: info@thegladevr.com