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TOUGH LOVE ARENA END USER LICENSE AGREEMENT
This document represents the End User License Agreement (the "Agreement"), a legal contract governing the terms of your relationship with this website https://toughlovearena.com (the "Website"), containing the game Tough Love Arena (the "Game"), and the developer of the Website and the Game, Michael Paul Weeks (the "Developer"). You may access and use the Website and the Game only if you agree to the terms and conditions set forth below. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. This Agreement was last updated on October 18, 2021 with updates regarding modifications, user license, and copyright concerns.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE LABELED "I AGREE." IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, LEAVE THIS WEBSITE WITHOUT USING IT OR THE GAME.
Access to and use of the Website and the Game is at the permission of the Developer and only for users who accept this Agreement. The Developer may grant, withhold, or revoke approval of your access and use of the Website and the Game at any time and for any reason. If the Developer allows you to use the Website and the Game, the Developer may also allow you to sign in with an email address and create or purchase a user identification name (the "User ID").
1. OWNERSHIP. The Developer owns and retains all rights in and to the Website, the Game, and all copyrights and other intellectual property rights therein. This Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Website, the Game, or any updates or derivative works thereto, except as expressly granted in this Agreement.
2. GRANT OF LICENSE. The Developer hereby grants to you a nonexclusive, nonassignable, nonsublicenseable license for you to access and use the Website and the Game and any guides, specifications, and other related documentation available online, subject to the terms and conditions of this Agreement.
3. MODIFICATIONS. You may use, copy, or modify the Game, its files, and its underlying code in whole or in part, including making mods of the Game, for any noncommercial reason, provided that no such use or modification alters or interferes in any way with any aspect of the Website. Any reproduction, distribution, or modification of the Game must include a full and complete copy of this Agreement and an unedited copy of the Website's About page in which the Developer and authors are credited. You may use, copy, or modify the audiovisual work in the Game in whole or in part for the exclusive purposes of playing it and offering it to be played in competitions and creating and transmitting online video content of it in industry-standard and community-standard ways, including for both noncommercial and commercial reasons. These rights are revocable by the Developer at any time and for any reason and the Developer reserves the right to prevent and take down any modifications or other uses of the Game at any time and for any reason.
In addition, you hereby grant to the Developer a nonexclusive, assignable, sublicensable, perpetual, worldwide, royalty-free license to use any modifications you make or supply to the Game for the purposes of promoting, advertising, and marketing the Website, the Game, and the Developer.
4. ACCOUNTS. If you sign up on the Website and the Game by providing an email address, or if you create or purchase a User ID, you agree to take all reasonable steps to safeguard such email address or User ID so as to ensure that no unauthorized person will have or obtain access to them or make any unauthorized use of them with respect to the Website and the Game. If you become aware of any unauthorized access or use of the Website, the Game, your provided email address, or your User ID, you must promptly report such information to the Developer and take any further steps reasonably requested by the Developer to prevent such unauthorized access or use.
The Developer reserves the right to ban any user and remove and revoke any User ID for any actually or potentially abusive or harmful behavior or material as judged by the sole discretion of the Developer, including but not limited to using an abusive or objectionable email address or User ID, disconnecting from the Game too frequently, or misusing or abusing the Website or the Game network.
Any payments relating to your use of the Website, the Game, and any User ID will be nonrefundable. Fees will be exclusive of any taxes or duties payable in the jurisdiction where the payment is either made or received.
5. PRIVACY. The Website may use cookies to track and collect your IP address, domain server, web browser, and operating system. This is anonymous information that does not personally identify you but that may help the Developer improve the Website and the Game, customize content specific to your interests, and store your provided email address and User ID, among other uses. Other than any email address you may provide, the Developer will not store, sell, or make any other use of any information that may personally identify you, such as your real name, mailing address or zip code, credit card number or other financial data, or age, income, or other demographic data.
6. COPPA PROTECTION. If you are under 13 years of age, you must receive explicit permission from your parent or guardian before accessing and using the Website and the Game. If you are under 13 years of age and wish to provide an email address or sign up for a User ID, the Developer will collect and store your email address and User ID in accordance with the provisions of the Children’s Online Privacy Protection Act (“COPPA”), which stipulates that any parents or legal guardians of minors under 13 years of age have the option to consent to or reject the collection and use of such minors’ personal information. If your parent or legal guardian asks that the Developer make no use of or delete any storage of and reference to your email address and User ID, the Developer shall abide by that request. Your parent or legal guardian must agree to all other terms contained in this Agreement, including on your behalf, and must bind themselves and you to the terms of this Agreement. This notice and consent shall constitute a waiver of any right, issue, complaint, or other action arising under COPPA or other laws or regulations intending to shield the privacy of minors.
7. COPYRIGHT ISSUES. The Developer has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on or with the Website or Game. If you are found to have infringed the rights of the Developer or of any third party or otherwise violated any intellectual property law, your access to the Website and Game and your User ID will be suspended immediately and may be terminated. The Developer's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of anyone else have been violated and you want the Developer to delete, edit, or disable the material in question, you must provide the Developer with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Developer to locate the material; (d) information reasonably sufficient to permit the Developer to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to the Developer's designated agent at:
Paul Weeks, Lead Developer
Phone: (929) 277-8311
Email: toughlovearena.agent@gmail.com
8. TERM AND TERMINATION. The license granted to you in Section 2 of this Agreement will commence on the date you first agree to this Agreement and will be effective until terminated. The Developer may terminate this license at any time and for any reason. This license will terminate automatically upon your failure to comply with any part of this Agreement. In addition, this Agreement may be terminated by the Developer at any time and for any reason and will automatically terminate upon your failure to comply with any part of this Agreement.
9. CONFIDENTIALITY. You agree that you shall not disclose to any third party any technical, product, business, or other information related to the Website or the Game that the Developer may identify as confidential (the "Confidential Information") without the prior written consent of the Developer. You shall maintain the confidentiality of all Confidential Information and shall not use it for any purpose other than any performance authorized under this Agreement.
Notwithstanding the foregoing, Confidential Information does not include information that you can demonstrate was publicly available at the time of disclosure or later became publicly available through no act or omission by you, was in your possession before disclosure by the Developer, or was disclosed to you by a third party not in violation of any obligations of confidentiality to the Developer or to any third party.
10. LIMITATION OF LIABILITY. You are not entitled to receive any damages from the Developer for any cause relating to this Agreement, your use of the Website and the Game, any reproduction or modification of the Game, any services provided by the Developer under this Agreement, or any services provided by any third party in connection with your use of the Website or Game. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or interfere with the Developer or with the operation, development, or performance of the Website, the Game, and any related products and services.
IN NO EVENT SHALL THE DEVELOPER BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE AND THE GAME. IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITED WARRANTY AND DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE AND THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE AND THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE DEVELOPER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE WEBSITE AND THE GAME AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION, OUTAGES, MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE WEBSITE AND THE GAME.
12. GOVERNING LAW. This Agreement shall in all respects be governed by and be construed in accordance with the laws of the state of New York, without regard to its conflict of laws provisions.
13. FORCE MAJEURE. If the performance of the Developer under this Agreement is prevented, hindered, or otherwise made impractical by reason of natural disaster, strike, war, civil unrest, zombie apocalypse, ongoing effects of the COVID-19 pandemic or any similarly severe future pandemic, acts or omissions of government, or any other cause beyond the control of the Developer, then the Developer shall be excused from performance to the extent and so long as the Developer is prevented, hindered, or delayed by such event(s).
14. SEVERABILITY. If any one or more of the provisions contained in this Agreement is held for any reason to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, to the maximum extent permitted by law.
15. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted to you by the Developer hereunder in whole or in part without the prior written consent of the Developer, and any attempt by you to do so otherwise shall be void. This Agreement is binding on and shall iure to the benefit of the parties and their respective successors and permitted assigns.
16. ACKNOWLEDGMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE DEVELOPER AND THAT IT SUPERSEDES ANY ORAL OR WRITTEN PROPOSAL, PRIOR AGREEMENT, UNDERSTANDING, OR ANY OTHER COMMUNICATION BETWEEN YOU AND THE DEVELOPER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THE DEVELOPER MAY CHANGE, ALTER, OR MODIFY THIS AGREEMENT AT ANY TIME.
This document represents the End User License Agreement (the "Agreement"), a legal contract governing the terms of your relationship with this website https://toughlovearena.com (the "Website"), containing the game Tough Love Arena (the "Game"), and the developer of the Website and the Game, Michael Paul Weeks (the "Developer"). You may access and use the Website and the Game only if you agree to the terms and conditions set forth below. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. This Agreement was last updated on October 18, 2021 with updates regarding modifications, user license, and copyright concerns.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE LABELED "I AGREE." IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, LEAVE THIS WEBSITE WITHOUT USING IT OR THE GAME.
Access to and use of the Website and the Game is at the permission of the Developer and only for users who accept this Agreement. The Developer may grant, withhold, or revoke approval of your access and use of the Website and the Game at any time and for any reason. If the Developer allows you to use the Website and the Game, the Developer may also allow you to sign in with an email address and create or purchase a user identification name (the "User ID").
1. OWNERSHIP. The Developer owns and retains all rights in and to the Website, the Game, and all copyrights and other intellectual property rights therein. This Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Website, the Game, or any updates or derivative works thereto, except as expressly granted in this Agreement.
2. GRANT OF LICENSE. The Developer hereby grants to you a nonexclusive, nonassignable, nonsublicenseable license for you to access and use the Website and the Game and any guides, specifications, and other related documentation available online, subject to the terms and conditions of this Agreement.
3. MODIFICATIONS. You may use, copy, or modify the Game, its files, and its underlying code in whole or in part, including making mods of the Game, for any noncommercial reason, provided that no such use or modification alters or interferes in any way with any aspect of the Website. Any reproduction, distribution, or modification of the Game must include a full and complete copy of this Agreement and an unedited copy of the Website's About page in which the Developer and authors are credited. You may use, copy, or modify the audiovisual work in the Game in whole or in part for the exclusive purposes of playing it and offering it to be played in competitions and creating and transmitting online video content of it in industry-standard and community-standard ways, including for both noncommercial and commercial reasons. These rights are revocable by the Developer at any time and for any reason and the Developer reserves the right to prevent and take down any modifications or other uses of the Game at any time and for any reason.
In addition, you hereby grant to the Developer a nonexclusive, assignable, sublicensable, perpetual, worldwide, royalty-free license to use any modifications you make or supply to the Game for the purposes of promoting, advertising, and marketing the Website, the Game, and the Developer.
4. ACCOUNTS. If you sign up on the Website and the Game by providing an email address, or if you create or purchase a User ID, you agree to take all reasonable steps to safeguard such email address or User ID so as to ensure that no unauthorized person will have or obtain access to them or make any unauthorized use of them with respect to the Website and the Game. If you become aware of any unauthorized access or use of the Website, the Game, your provided email address, or your User ID, you must promptly report such information to the Developer and take any further steps reasonably requested by the Developer to prevent such unauthorized access or use.
The Developer reserves the right to ban any user and remove and revoke any User ID for any actually or potentially abusive or harmful behavior or material as judged by the sole discretion of the Developer, including but not limited to using an abusive or objectionable email address or User ID, disconnecting from the Game too frequently, or misusing or abusing the Website or the Game network.
Any payments relating to your use of the Website, the Game, and any User ID will be nonrefundable. Fees will be exclusive of any taxes or duties payable in the jurisdiction where the payment is either made or received.
5. PRIVACY. The Website may use cookies to track and collect your IP address, domain server, web browser, and operating system. This is anonymous information that does not personally identify you but that may help the Developer improve the Website and the Game, customize content specific to your interests, and store your provided email address and User ID, among other uses. Other than any email address you may provide, the Developer will not store, sell, or make any other use of any information that may personally identify you, such as your real name, mailing address or zip code, credit card number or other financial data, or age, income, or other demographic data.
6. COPPA PROTECTION. If you are under 13 years of age, you must receive explicit permission from your parent or guardian before accessing and using the Website and the Game. If you are under 13 years of age and wish to provide an email address or sign up for a User ID, the Developer will collect and store your email address and User ID in accordance with the provisions of the Children’s Online Privacy Protection Act (“COPPA”), which stipulates that any parents or legal guardians of minors under 13 years of age have the option to consent to or reject the collection and use of such minors’ personal information. If your parent or legal guardian asks that the Developer make no use of or delete any storage of and reference to your email address and User ID, the Developer shall abide by that request. Your parent or legal guardian must agree to all other terms contained in this Agreement, including on your behalf, and must bind themselves and you to the terms of this Agreement. This notice and consent shall constitute a waiver of any right, issue, complaint, or other action arising under COPPA or other laws or regulations intending to shield the privacy of minors.
7. COPYRIGHT ISSUES. The Developer has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on or with the Website or Game. If you are found to have infringed the rights of the Developer or of any third party or otherwise violated any intellectual property law, your access to the Website and Game and your User ID will be suspended immediately and may be terminated. The Developer's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of anyone else have been violated and you want the Developer to delete, edit, or disable the material in question, you must provide the Developer with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Developer to locate the material; (d) information reasonably sufficient to permit the Developer to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to the Developer's designated agent at:
Paul Weeks, Lead Developer
Phone: (929) 277-8311
Email: toughlovearena.agent@gmail.com
8. TERM AND TERMINATION. The license granted to you in Section 2 of this Agreement will commence on the date you first agree to this Agreement and will be effective until terminated. The Developer may terminate this license at any time and for any reason. This license will terminate automatically upon your failure to comply with any part of this Agreement. In addition, this Agreement may be terminated by the Developer at any time and for any reason and will automatically terminate upon your failure to comply with any part of this Agreement.
9. CONFIDENTIALITY. You agree that you shall not disclose to any third party any technical, product, business, or other information related to the Website or the Game that the Developer may identify as confidential (the "Confidential Information") without the prior written consent of the Developer. You shall maintain the confidentiality of all Confidential Information and shall not use it for any purpose other than any performance authorized under this Agreement.
Notwithstanding the foregoing, Confidential Information does not include information that you can demonstrate was publicly available at the time of disclosure or later became publicly available through no act or omission by you, was in your possession before disclosure by the Developer, or was disclosed to you by a third party not in violation of any obligations of confidentiality to the Developer or to any third party.
10. LIMITATION OF LIABILITY. You are not entitled to receive any damages from the Developer for any cause relating to this Agreement, your use of the Website and the Game, any reproduction or modification of the Game, any services provided by the Developer under this Agreement, or any services provided by any third party in connection with your use of the Website or Game. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or interfere with the Developer or with the operation, development, or performance of the Website, the Game, and any related products and services.
IN NO EVENT SHALL THE DEVELOPER BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE AND THE GAME. IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITED WARRANTY AND DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE AND THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE AND THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE DEVELOPER DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE WEBSITE AND THE GAME AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION, OUTAGES, MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE WEBSITE AND THE GAME.
12. GOVERNING LAW. This Agreement shall in all respects be governed by and be construed in accordance with the laws of the state of New York, without regard to its conflict of laws provisions.
13. FORCE MAJEURE. If the performance of the Developer under this Agreement is prevented, hindered, or otherwise made impractical by reason of natural disaster, strike, war, civil unrest, zombie apocalypse, ongoing effects of the COVID-19 pandemic or any similarly severe future pandemic, acts or omissions of government, or any other cause beyond the control of the Developer, then the Developer shall be excused from performance to the extent and so long as the Developer is prevented, hindered, or delayed by such event(s).
14. SEVERABILITY. If any one or more of the provisions contained in this Agreement is held for any reason to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, to the maximum extent permitted by law.
15. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted to you by the Developer hereunder in whole or in part without the prior written consent of the Developer, and any attempt by you to do so otherwise shall be void. This Agreement is binding on and shall iure to the benefit of the parties and their respective successors and permitted assigns.
16. ACKNOWLEDGMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE DEVELOPER AND THAT IT SUPERSEDES ANY ORAL OR WRITTEN PROPOSAL, PRIOR AGREEMENT, UNDERSTANDING, OR ANY OTHER COMMUNICATION BETWEEN YOU AND THE DEVELOPER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THE DEVELOPER MAY CHANGE, ALTER, OR MODIFY THIS AGREEMENT AT ANY TIME.