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TERMS OF SERVICE AND END USER LICENSE AGREEMENT
Last Updated: 29 November 2025
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. PLEASE READ IT CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14. PLEASE READ IT CAREFULLY.
1. PREAMBLE AND ACCEPTANCE
Mad Otter Games, Inc. (“Mad Otter,” “We,” or “Us”) is proud to provide you access to the massive multiplayer online role-playing game Villagers & Heroes™ (the “Game”). This Terms of Service and End User License Agreement (“Agreement”) governs your use of the Game, the game client software, the mobile application (the “App”), the game servers, and the website www.VillagersandHeroes.com. By connecting to or using the Game Servers, running the Game Client, or using the App, you agree to be bound by the terms of this Agreement. Before you can use the Game, you must read, understand, and agree to these Terms of Service and the Privacy Policy.
BY CLICKING “I ACCEPT,” DOWNLOADING, INSTALLING, OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to these terms, you must not install or play the Game.
2. GRANT OF LIMITED LICENSE
2.1 The License. Subject to your agreement to and continuing compliance with this Agreement, Mad Otter grants you a non-exclusive, non-transferable, revocable, limited license to use the Game strictly for your personal, non-commercial entertainment purposes.
2.2 No Ownership Rights. You acknowledge and agree that you have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Mad Otter.
2.3 Ownership of Game Assets. Mad Otter owns all title, ownership rights, and intellectual property rights in the Game, including but not limited to: all accounts, characters, character names, guild names, virtual items, virtual currency, dialogue, artwork, animations, sounds, musical compositions, audio-visual effects, and server code.
3. VIRTUAL ITEMS AND CURRENCY
3.1 No Real World Value. Mad Otter may offer you the ability to acquire a limited license to use “Virtual Currency” (e.g., Crowns) or “Virtual Items.” You acknowledge that Virtual Currency and Virtual Items are not real currency, have no monetary value, and cannot be redeemed for real-world money, goods, or other items of monetary value from Mad Otter or any other party.
3.2 License, Not Sale. When you “purchase” Virtual Currency or Items, you are purchasing a limited license to use that software feature. You do not own the Virtual Item.
3.3 No Transfers. Transfers of Virtual Currency or Virtual Items are strictly prohibited except where explicitly authorized within the Game. You may not buy or sell any Virtual Currency or Virtual Items outside the Game or in exchange for real money (Real Money Trading or “RMT”).
3.4 Modification of Virtual Items. Mad Otter has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items and Virtual Currency as it sees fit in its sole discretion, and Mad Otter shall have no liability to you or any third party for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice.
4. ACCOUNT ELIGIBILITY AND SECURITY
4.1 Eligibility and Registration. You represent that you are an adult in your country of residence (or at least 18 years of age). If you are under the age of majority, your parent or legal guardian must consent to this Agreement. You agree to provide true, accurate, current, and complete information about yourself during the registration process and to maintain the currency of such information.
4.2 Account Security. You are responsible for maintaining the confidentiality of your Login Information. You are responsible for all uses of your Login Information and Account, including purchases, whether or not authorized by you. Mad Otter will not be responsible for any losses arising from the unauthorized use of your Account.
4.3 No Account Sharing/Selling. You may not sell, gift, or trade your Account. You may not share your Account with anyone.
5. CODE OF CONDUCT
This Code of Conduct governs your interaction with the Game and other players. These rules are created solely for Mad Otter’s benefit and do not create any rights for you or any third party. Mad Otter reserves the right to determine what conduct violates this Agreement and to take disciplinary action (including account termination) at its sole discretion. Mad Otter is under no obligation to enforce these rules against any specific player, and you agree that you cannot hold Mad Otter liable for the actions or inaction of other users.
5.1 Cheating, Automation, and Modification. You agree that you will not, under any circumstances:
Cheats and Bots: Use, create, or distribute cheats, automation software (bots), hacks, mods, macros, or any unauthorized third-party software designed to modify or interfere with the Game.
Reverse Engineering: Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code used to provide the Game, or attempt to derive the source code of the Game.
Asset Extraction: Copy, extract, or otherwise use graphic elements, audio, or data from the Game Client without Mad Otter’s express written consent.
Data Mining: Use any software that intercepts, mines, or collects information from or through the Game.
5.2 Server Integrity and Disruption. You may not apply measures, mechanisms, or software that could disrupt the function or process of the Game. You are prohibited from engaging in any conduct that results in an unreasonable or excessive burden on Mad Otter’s technical capacities (e.g., DDoS attacks, spamming packets). You may not block, overwrite, or modify contents generated by Mad Otter.
5.3 Toxic Behavior. You agree that you will not:
Harass, threaten, embarrass, or cause distress to another user.
Transmit content that is abusive, racially, ethnically, or religiously offensive, defamatory, obscene, or sexually explicit.
Impersonate any person or entity, including Mad Otter employees.
Disseminate commercial advertising or solicitations through the Game.
5.4 Naming Policy. You may not create names (for characters, guilds, or villages) that are offensive, trademarked, or intended to impersonate others. Mad Otter reserves the right to forcibly rename any entity at its sole discretion.
5.5 Monitoring and No Expectation of Privacy. You acknowledge and agree that you have no expectation of privacy regarding your communications within the Game, including but not limited to public chat, private messages (“whispers”), guild chat, and mail. Mad Otter reserves the right (but is under no obligation) to monitor, record, review, and retain your communications and gameplay data to ensure compliance with this Agreement, to enforce the Code of Conduct, and to protect the safety of our players. By accepting this Agreement, you hereby grant your irrevocable consent to such monitoring and recording.
6. USER GENERATED CONTENT
If you upload or transmit content to the Game (e.g., chat, forum posts, custom designs), you grant Mad Otter a perpetual, irrevocable, worldwide, fully paid-up, non-exclusive, sub-licensable right to use, reproduce, modify, and distribute said content. You waive any moral rights you may have in such content.
7. UPDATES AND MODIFICATIONS
Mad Otter may update the Game remotely without notifying you, and you hereby grant your consent to deploy and apply such patches, updates, and modifications. You acknowledge that Mad Otter may change, modify, nerf, or remove Virtual Items, skills, or attributes at any time to balance the Game.
8. FEES AND PAYMENTS
8.1 Finality of Sales. YOU ACKNOWLEDGE THAT MAD OTTER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8.2 Taxes. You are responsible for any applicable taxes and fees associated with your account.
8.3 Connectivity and Data Rates. You are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and play the Game. You acknowledge that your mobile network provider may charge you fees for data usage while using the App, and you constitute that you are solely responsible for any such charges.
8.4 Subscriptions and Auto-Renewal. If you purchase a recurring subscription (e.g., a monthly membership), you acknowledge and agree that your subscription will automatically renew at the end of each billing cycle unless you cancel it.
Billing: You authorize Mad Otter (or the applicable App Store) to charge the applicable subscription fee to your payment method at the start of each renewal period.
Price Changes: Mad Otter reserves the right to change subscription fees upon reasonable notice to you. Continued use of the subscription after a price change constitutes your agreement to pay the new amount.
Cancellation: You may cancel your subscription at any time through your Account settings or the applicable App Store. Cancellation will take effect at the end of the current billing period; you will not receive a refund for the current billing period.
9. TERMINATION
9.1 Termination by Mad Otter. Mad Otter reserves the right to terminate this Agreement, your Account, and your access to the Game at any time, for any reason, or for no reason, with or without notice to you. You acknowledge and agree that Mad Otter is under no obligation to provide you with a warning, a reason for the termination, or an opportunity to appeal prior to such termination.
9.2 Termination by You. You have the right to terminate this Agreement at any time by deleting the Game Client and ceasing all use of the Game. You may also request deletion of your Account by contacting Mad Otter support.
9.3 Game Discontinuation. Mad Otter reserves the right to stop offering and/or supporting the Game or a particular part of the Game at any time, at which point your license to use the Game or a part thereof will automatically terminate.
9.4 Effect of Termination. Upon termination of this Agreement for any reason (whether by you or by Mad Otter):
License Revoked: Your license to use the Game and access your Account immediately ceases.
No Refunds: YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR COMPENSATION FOR ANY UNUSED VIRTUAL CURRENCY, VIRTUAL ITEMS, SUBSCRIPTION TIME, OR OTHER PRE-PAID FEES, REGARDLESS OF WHETHER THE TERMINATION WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER IT WAS FOR A SPECIFIC REASON OR NO REASON AT ALL.
Data Deletion: Mad Otter may, but is not obligated to, delete all game data, characters, and history associated with your Account.
10. DISCLAIMER OF WARRANTIES
THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MAD OTTER DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL MAD OTTER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF MAD OTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAD OTTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE THE GAME IN THE SIX (6) MONTHS PRIOR TO THE DISPUTE.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold Mad Otter harmless from and against any claims, lawsuits, damages, losses, and expenses (including attorneys’ fees) arising out of or relating to your use of the Game or any violation by you of this Agreement.
13. EPILEPSY WARNING
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. If you or anyone in your family has an epileptic condition, consult your physician prior to playing.
14. DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
14.1 Informal Resolution (Pre-Arbitration). If a Dispute arises between you and Mad Otter, our goal is to resolve it quickly and cost-effectively. Accordingly, you and Mad Otter agree that before initiating any arbitration or court proceeding, we will first attempt to resolve the Dispute informally for at least thirty (30) days. Negotiations begin upon written notice. Mad Otter will send its notice to the email address associated with your Account. You must send your notice to Mad Otter Games, Inc. via email to damon@madottergames.com or by mail to Mad Otter Games, 110 Deer Valley, Eugene OR 97405. If the Dispute is not resolved within 30 days of the notice, either party may initiate arbitration.
14.2 Binding Arbitration. Any Dispute that is not resolved informally shall be determined by binding arbitration rather than in court. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules (the “AAA Rules”) then in effect. Judgment on the award may be entered in any court having jurisdiction.
14.3 Venue (Location of Arbitration). The seat of the arbitration shall be Eugene, Oregon. You and Mad Otter agree that any in-person hearing will be conducted solely in Eugene, Oregon, unless Mad Otter explicitly agrees otherwise in writing. If the claim is for $10,000 or less, Mad Otter agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in Eugene, Oregon.
14.4 Waiver of Class Actions. YOU AND MAD OTTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Mad Otter agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void.
14.5 Waiver of Jury Trial. You and Mad Otter hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Mad Otter are instead electing that all claims and disputes shall be resolved by arbitration under this Agreement.
14.6 Exception: Intellectual Property. Notwithstanding the foregoing, disputes enforcing, protecting, or concerning the validity of any of your or Mad Otter’s intellectual property rights (or the intellectual property rights of any of Mad Otter’s licensors) are not covered by this arbitration agreement and must be brought in court as described in Section 16.
15. PRIVACY POLICY
The User is explicitly agreeing to Mad Otter’s Privacy Policy (available at https://villagersandheroes.com/privacy-policy/ ) by accepting these Terms of Service.
16. GOVERNING LAW AND JURISDICTION
16.1 Governing Law. This Agreement and any action related thereto will be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
16.2 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 14 do not apply, or if the arbitration agreement is found to be unenforceable, you and Mad Otter agree that any litigation between you and us shall be filed exclusively in the state or federal courts located in Lane County, Oregon (or the District of Oregon, Eugene Division). You expressly consent to exclusive jurisdiction in Oregon for any litigation other than small claims court actions.
17.SPECIAL TERMS FOR MOBILE DEVICES
17.1 App Stores. You acknowledge and agree that this Agreement is between you and Mad Otter only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). Mad Otter, not Apple or Google, is solely responsible for the Game and the content thereof.
17.2 Scope of License. The license granted to you for the Game is limited to a non-transferable license to use the Game on a device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions and the Google Play Terms of Service.
17.3 Maintenance and Support. Mad Otter is solely responsible for providing any maintenance and support services with respect to the Game. You acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the Game.
17.4 Warranty. In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price for the Game to you (if any). To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Game.
17.5 Third Party Beneficiary. You and Mad Otter acknowledge and agree that Apple, Google, and their subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
18. THIRD-PARTY LINKS AND CONTENT
Mad Otter is not responsible for the content of any third-party websites or services that may be linked to within the Game. Mad Otter does not vet, endorse, or control content posted by other users. You access third-party sites and interact with other users at your own risk. Mad Otter expressly disclaims any liability for third-party content or the actions of other players.
19. GENERAL PROVISIONS
19.1 Assignment. Mad Otter may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Mad Otter’s prior written consent, and any unauthorized assignment by you shall be null and void.
19.2 Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
19.3 No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter.
19.4 Changes to this Agreement. Mad Otter reserves the right to modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement on our website, sending you an email, or displaying a pop-up notice within the Game or Game Client. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Game after such changes become effective constitutes your binding acceptance of the new Agreement. If you do not agree to the changes, your only remedy is to terminate this Agreement and stop using the Game.
Last Updated: 29 November 2025
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. PLEASE READ IT CAREFULLY.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14. PLEASE READ IT CAREFULLY.
1. PREAMBLE AND ACCEPTANCE
Mad Otter Games, Inc. (“Mad Otter,” “We,” or “Us”) is proud to provide you access to the massive multiplayer online role-playing game Villagers & Heroes™ (the “Game”). This Terms of Service and End User License Agreement (“Agreement”) governs your use of the Game, the game client software, the mobile application (the “App”), the game servers, and the website www.VillagersandHeroes.com. By connecting to or using the Game Servers, running the Game Client, or using the App, you agree to be bound by the terms of this Agreement. Before you can use the Game, you must read, understand, and agree to these Terms of Service and the Privacy Policy.
BY CLICKING “I ACCEPT,” DOWNLOADING, INSTALLING, OR PLAYING THE GAME, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to these terms, you must not install or play the Game.
2. GRANT OF LIMITED LICENSE
2.1 The License. Subject to your agreement to and continuing compliance with this Agreement, Mad Otter grants you a non-exclusive, non-transferable, revocable, limited license to use the Game strictly for your personal, non-commercial entertainment purposes.
2.2 No Ownership Rights. You acknowledge and agree that you have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Mad Otter.
2.3 Ownership of Game Assets. Mad Otter owns all title, ownership rights, and intellectual property rights in the Game, including but not limited to: all accounts, characters, character names, guild names, virtual items, virtual currency, dialogue, artwork, animations, sounds, musical compositions, audio-visual effects, and server code.
3. VIRTUAL ITEMS AND CURRENCY
3.1 No Real World Value. Mad Otter may offer you the ability to acquire a limited license to use “Virtual Currency” (e.g., Crowns) or “Virtual Items.” You acknowledge that Virtual Currency and Virtual Items are not real currency, have no monetary value, and cannot be redeemed for real-world money, goods, or other items of monetary value from Mad Otter or any other party.
3.2 License, Not Sale. When you “purchase” Virtual Currency or Items, you are purchasing a limited license to use that software feature. You do not own the Virtual Item.
3.3 No Transfers. Transfers of Virtual Currency or Virtual Items are strictly prohibited except where explicitly authorized within the Game. You may not buy or sell any Virtual Currency or Virtual Items outside the Game or in exchange for real money (Real Money Trading or “RMT”).
3.4 Modification of Virtual Items. Mad Otter has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items and Virtual Currency as it sees fit in its sole discretion, and Mad Otter shall have no liability to you or any third party for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice.
4. ACCOUNT ELIGIBILITY AND SECURITY
4.1 Eligibility and Registration. You represent that you are an adult in your country of residence (or at least 18 years of age). If you are under the age of majority, your parent or legal guardian must consent to this Agreement. You agree to provide true, accurate, current, and complete information about yourself during the registration process and to maintain the currency of such information.
4.2 Account Security. You are responsible for maintaining the confidentiality of your Login Information. You are responsible for all uses of your Login Information and Account, including purchases, whether or not authorized by you. Mad Otter will not be responsible for any losses arising from the unauthorized use of your Account.
4.3 No Account Sharing/Selling. You may not sell, gift, or trade your Account. You may not share your Account with anyone.
5. CODE OF CONDUCT
This Code of Conduct governs your interaction with the Game and other players. These rules are created solely for Mad Otter’s benefit and do not create any rights for you or any third party. Mad Otter reserves the right to determine what conduct violates this Agreement and to take disciplinary action (including account termination) at its sole discretion. Mad Otter is under no obligation to enforce these rules against any specific player, and you agree that you cannot hold Mad Otter liable for the actions or inaction of other users.
5.1 Cheating, Automation, and Modification. You agree that you will not, under any circumstances:
Cheats and Bots: Use, create, or distribute cheats, automation software (bots), hacks, mods, macros, or any unauthorized third-party software designed to modify or interfere with the Game.
Reverse Engineering: Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code used to provide the Game, or attempt to derive the source code of the Game.
Asset Extraction: Copy, extract, or otherwise use graphic elements, audio, or data from the Game Client without Mad Otter’s express written consent.
Data Mining: Use any software that intercepts, mines, or collects information from or through the Game.
5.2 Server Integrity and Disruption. You may not apply measures, mechanisms, or software that could disrupt the function or process of the Game. You are prohibited from engaging in any conduct that results in an unreasonable or excessive burden on Mad Otter’s technical capacities (e.g., DDoS attacks, spamming packets). You may not block, overwrite, or modify contents generated by Mad Otter.
5.3 Toxic Behavior. You agree that you will not:
Harass, threaten, embarrass, or cause distress to another user.
Transmit content that is abusive, racially, ethnically, or religiously offensive, defamatory, obscene, or sexually explicit.
Impersonate any person or entity, including Mad Otter employees.
Disseminate commercial advertising or solicitations through the Game.
5.4 Naming Policy. You may not create names (for characters, guilds, or villages) that are offensive, trademarked, or intended to impersonate others. Mad Otter reserves the right to forcibly rename any entity at its sole discretion.
5.5 Monitoring and No Expectation of Privacy. You acknowledge and agree that you have no expectation of privacy regarding your communications within the Game, including but not limited to public chat, private messages (“whispers”), guild chat, and mail. Mad Otter reserves the right (but is under no obligation) to monitor, record, review, and retain your communications and gameplay data to ensure compliance with this Agreement, to enforce the Code of Conduct, and to protect the safety of our players. By accepting this Agreement, you hereby grant your irrevocable consent to such monitoring and recording.
6. USER GENERATED CONTENT
If you upload or transmit content to the Game (e.g., chat, forum posts, custom designs), you grant Mad Otter a perpetual, irrevocable, worldwide, fully paid-up, non-exclusive, sub-licensable right to use, reproduce, modify, and distribute said content. You waive any moral rights you may have in such content.
7. UPDATES AND MODIFICATIONS
Mad Otter may update the Game remotely without notifying you, and you hereby grant your consent to deploy and apply such patches, updates, and modifications. You acknowledge that Mad Otter may change, modify, nerf, or remove Virtual Items, skills, or attributes at any time to balance the Game.
8. FEES AND PAYMENTS
8.1 Finality of Sales. YOU ACKNOWLEDGE THAT MAD OTTER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8.2 Taxes. You are responsible for any applicable taxes and fees associated with your account.
8.3 Connectivity and Data Rates. You are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and play the Game. You acknowledge that your mobile network provider may charge you fees for data usage while using the App, and you constitute that you are solely responsible for any such charges.
8.4 Subscriptions and Auto-Renewal. If you purchase a recurring subscription (e.g., a monthly membership), you acknowledge and agree that your subscription will automatically renew at the end of each billing cycle unless you cancel it.
Billing: You authorize Mad Otter (or the applicable App Store) to charge the applicable subscription fee to your payment method at the start of each renewal period.
Price Changes: Mad Otter reserves the right to change subscription fees upon reasonable notice to you. Continued use of the subscription after a price change constitutes your agreement to pay the new amount.
Cancellation: You may cancel your subscription at any time through your Account settings or the applicable App Store. Cancellation will take effect at the end of the current billing period; you will not receive a refund for the current billing period.
9. TERMINATION
9.1 Termination by Mad Otter. Mad Otter reserves the right to terminate this Agreement, your Account, and your access to the Game at any time, for any reason, or for no reason, with or without notice to you. You acknowledge and agree that Mad Otter is under no obligation to provide you with a warning, a reason for the termination, or an opportunity to appeal prior to such termination.
9.2 Termination by You. You have the right to terminate this Agreement at any time by deleting the Game Client and ceasing all use of the Game. You may also request deletion of your Account by contacting Mad Otter support.
9.3 Game Discontinuation. Mad Otter reserves the right to stop offering and/or supporting the Game or a particular part of the Game at any time, at which point your license to use the Game or a part thereof will automatically terminate.
9.4 Effect of Termination. Upon termination of this Agreement for any reason (whether by you or by Mad Otter):
License Revoked: Your license to use the Game and access your Account immediately ceases.
No Refunds: YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR COMPENSATION FOR ANY UNUSED VIRTUAL CURRENCY, VIRTUAL ITEMS, SUBSCRIPTION TIME, OR OTHER PRE-PAID FEES, REGARDLESS OF WHETHER THE TERMINATION WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER IT WAS FOR A SPECIFIC REASON OR NO REASON AT ALL.
Data Deletion: Mad Otter may, but is not obligated to, delete all game data, characters, and history associated with your Account.
10. DISCLAIMER OF WARRANTIES
THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MAD OTTER DOES NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL MAD OTTER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAME, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF MAD OTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAD OTTER’S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE THE GAME IN THE SIX (6) MONTHS PRIOR TO THE DISPUTE.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold Mad Otter harmless from and against any claims, lawsuits, damages, losses, and expenses (including attorneys’ fees) arising out of or relating to your use of the Game or any violation by you of this Agreement.
13. EPILEPSY WARNING
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. If you or anyone in your family has an epileptic condition, consult your physician prior to playing.
14. DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
14.1 Informal Resolution (Pre-Arbitration). If a Dispute arises between you and Mad Otter, our goal is to resolve it quickly and cost-effectively. Accordingly, you and Mad Otter agree that before initiating any arbitration or court proceeding, we will first attempt to resolve the Dispute informally for at least thirty (30) days. Negotiations begin upon written notice. Mad Otter will send its notice to the email address associated with your Account. You must send your notice to Mad Otter Games, Inc. via email to damon@madottergames.com or by mail to Mad Otter Games, 110 Deer Valley, Eugene OR 97405. If the Dispute is not resolved within 30 days of the notice, either party may initiate arbitration.
14.2 Binding Arbitration. Any Dispute that is not resolved informally shall be determined by binding arbitration rather than in court. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules (the “AAA Rules”) then in effect. Judgment on the award may be entered in any court having jurisdiction.
14.3 Venue (Location of Arbitration). The seat of the arbitration shall be Eugene, Oregon. You and Mad Otter agree that any in-person hearing will be conducted solely in Eugene, Oregon, unless Mad Otter explicitly agrees otherwise in writing. If the claim is for $10,000 or less, Mad Otter agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in Eugene, Oregon.
14.4 Waiver of Class Actions. YOU AND MAD OTTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Mad Otter agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void.
14.5 Waiver of Jury Trial. You and Mad Otter hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Mad Otter are instead electing that all claims and disputes shall be resolved by arbitration under this Agreement.
14.6 Exception: Intellectual Property. Notwithstanding the foregoing, disputes enforcing, protecting, or concerning the validity of any of your or Mad Otter’s intellectual property rights (or the intellectual property rights of any of Mad Otter’s licensors) are not covered by this arbitration agreement and must be brought in court as described in Section 16.
15. PRIVACY POLICY
The User is explicitly agreeing to Mad Otter’s Privacy Policy (available at https://villagersandheroes.com/privacy-policy/ ) by accepting these Terms of Service.
16. GOVERNING LAW AND JURISDICTION
16.1 Governing Law. This Agreement and any action related thereto will be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
16.2 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 14 do not apply, or if the arbitration agreement is found to be unenforceable, you and Mad Otter agree that any litigation between you and us shall be filed exclusively in the state or federal courts located in Lane County, Oregon (or the District of Oregon, Eugene Division). You expressly consent to exclusive jurisdiction in Oregon for any litigation other than small claims court actions.
17.SPECIAL TERMS FOR MOBILE DEVICES
17.1 App Stores. You acknowledge and agree that this Agreement is between you and Mad Otter only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). Mad Otter, not Apple or Google, is solely responsible for the Game and the content thereof.
17.2 Scope of License. The license granted to you for the Game is limited to a non-transferable license to use the Game on a device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions and the Google Play Terms of Service.
17.3 Maintenance and Support. Mad Otter is solely responsible for providing any maintenance and support services with respect to the Game. You acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the Game.
17.4 Warranty. In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price for the Game to you (if any). To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Game.
17.5 Third Party Beneficiary. You and Mad Otter acknowledge and agree that Apple, Google, and their subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
18. THIRD-PARTY LINKS AND CONTENT
Mad Otter is not responsible for the content of any third-party websites or services that may be linked to within the Game. Mad Otter does not vet, endorse, or control content posted by other users. You access third-party sites and interact with other users at your own risk. Mad Otter expressly disclaims any liability for third-party content or the actions of other players.
19. GENERAL PROVISIONS
19.1 Assignment. Mad Otter may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Mad Otter’s prior written consent, and any unauthorized assignment by you shall be null and void.
19.2 Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
19.3 No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter.
19.4 Changes to this Agreement. Mad Otter reserves the right to modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement on our website, sending you an email, or displaying a pop-up notice within the Game or Game Client. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Game after such changes become effective constitutes your binding acceptance of the new Agreement. If you do not agree to the changes, your only remedy is to terminate this Agreement and stop using the Game.