| Language: |
THESE TERMS CREATE A BINDING CONTRACT.
We shall provide The Witch's Garden (“Game”) free of charge.
THE GAME IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT YOU STREAM OR DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE GAME OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO CONTENT MADE AVAILABLE THROUGH OUR GAME.
WE FURTHER DISCLAIM ANY WARRANTY THAT CONTENT WILL BE DELIVERED FREE OF TECHNICAL FAILURE OR DEFECT OR THAT WE WILL MONITOR OR MANAGE ANY RIGHTS ASSOCIATED WITH ANY CONTENT.
IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
INTELLECTUAL PROPERTY
All trademarks, copyrights, software, content, know-how, proprietary technology and information, goodwill and other intellectual property created (“Intellectual Property”), developed or licensed by Us is our exclusive intellectual property. Nothing herein shall create any assignment or license of our intellectual property to you or any third party.
Any Intellectual Property created by you in the course of your use of the Game shall be the and exclusive property of the Company at the time it is created by you. To the extent Intellectual Property created by you is deemed not to be owned by the Company at the time of creation, you hereby assign all right, title and interest in the Intellectual Property to the Company.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with Us, you understand that We may send you communications or data regarding the Game, including but not limited to (a) notices about your use of the Game, and (b) promotional information and materials regarding our products and services, via electronic mail. We give you the opportunity to opt-out of receiving such non-mandatory electronic mail from Us by following the opt-out instructions provided in the message.
We may also send you, in electronic form, mandatory notices about the Service and information the law requires Us to provide. We may provide mandatory or required information to you by email at the address you specified when you signed up for the Game. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or required notices. If you don't consent to receive mandatory or required notices electronically, you must stop using the Game.
SUSPENSION AND TERMINATION OF USE
You may stop using the Service at any time. We reserve the right to suspend or terminate your access to the Service at any time, in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, We may suspend or terminate your access to or use of the Game for: (a) the actual or suspected violation of these Terms; (b) the use of the Game in a manner that may cause Us to have legal liability or disrupt others' use of the Game; (c) scheduled downtime and recurring downtime; or (d) unplanned technical problems and outages.
In addition to other termination provisions, We at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a registered user, or (b) you do not engage in any activity in your account for any period of one-hundred and twenty (120) consecutive days.
We shall provide The Witch's Garden (“Game”) free of charge.
THE GAME IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT YOU STREAM OR DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE GAME OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO CONTENT MADE AVAILABLE THROUGH OUR GAME.
WE FURTHER DISCLAIM ANY WARRANTY THAT CONTENT WILL BE DELIVERED FREE OF TECHNICAL FAILURE OR DEFECT OR THAT WE WILL MONITOR OR MANAGE ANY RIGHTS ASSOCIATED WITH ANY CONTENT.
IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
INTELLECTUAL PROPERTY
All trademarks, copyrights, software, content, know-how, proprietary technology and information, goodwill and other intellectual property created (“Intellectual Property”), developed or licensed by Us is our exclusive intellectual property. Nothing herein shall create any assignment or license of our intellectual property to you or any third party.
Any Intellectual Property created by you in the course of your use of the Game shall be the and exclusive property of the Company at the time it is created by you. To the extent Intellectual Property created by you is deemed not to be owned by the Company at the time of creation, you hereby assign all right, title and interest in the Intellectual Property to the Company.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with Us, you understand that We may send you communications or data regarding the Game, including but not limited to (a) notices about your use of the Game, and (b) promotional information and materials regarding our products and services, via electronic mail. We give you the opportunity to opt-out of receiving such non-mandatory electronic mail from Us by following the opt-out instructions provided in the message.
We may also send you, in electronic form, mandatory notices about the Service and information the law requires Us to provide. We may provide mandatory or required information to you by email at the address you specified when you signed up for the Game. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or required notices. If you don't consent to receive mandatory or required notices electronically, you must stop using the Game.
SUSPENSION AND TERMINATION OF USE
You may stop using the Service at any time. We reserve the right to suspend or terminate your access to the Service at any time, in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, We may suspend or terminate your access to or use of the Game for: (a) the actual or suspected violation of these Terms; (b) the use of the Game in a manner that may cause Us to have legal liability or disrupt others' use of the Game; (c) scheduled downtime and recurring downtime; or (d) unplanned technical problems and outages.
In addition to other termination provisions, We at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a registered user, or (b) you do not engage in any activity in your account for any period of one-hundred and twenty (120) consecutive days.