END USER LICENSE AGREEMENT
Welcome to Kitty Snatch by airG!
airG provides the "Kitty Snatch" game (the “Game”) and the Kitty Snatch websites (the “Sites”) to mobile device users worldwide. In the United States, the Game and Sites are provided by a joint venture of airG Inc., a Canadian corporation, and The Limited, a Nevada corporation. In Canada, the Game and Sites are provided by airG Inc., a Canadian corporation. In Australia and New Zealand, the Game and Sites are provided by a joint venture of airG Inc., a Canadian corporation, and airG (Australia) PTY LTD, an Australian corporation. In the rest of the world, the Game and Sites are provided by a joint venture of airG Inc., a Canadian corporation, and airG Coöperatie Worldwide U.A., a Netherlands cooperative. In this End Users License Agreement "airG", "we" or "our" refers to every corporation that is providing the Game and Sites to you, or that is a participant in a corporation that is providing the Game and Sites to you.
The commencement date of this EULA is the date you first browse the Sites or Game, use, or sign up for any Game and/or purchase any Game, or provide airG with your mobile phone number, whichever is earlier. Your continued use of the Sites or the Game implies your acceptance of any changes to this EULA. The terms of this EULA will remain in full force and effect while you use the Sites or the Game, unless earlier terminated in accordance with this EULA.
This EULA is made available
via the app store or platform that you download our games Game from (such as
the Apple App Store, Google Play Store, or Amazon App Store), and our Sites.
You further agree that by accessing and/or using the Game and Sites, you are
The Game and Sites are not knowingly provided, directed or targeted to children, usage of the Game and Sites will be subject to the following criteria, and the following will apply:
• The Game and Sites are not knowingly provided to children under the age of 16. You hereby represent, warrant and covenant that you are at least 16 years old, and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to this EULA and is happy for you to access and/or use the Game and Sites.
The Game and Sites are available for your use if you are able to enter into this EULA and are not a person barred from receiving Game under USA or Canadian law, not residing in a country that is subject to a USA government embargo, or designated by the USA government as a “terrorist supporting” country, and you are not included on any USA government list of prohibited or restricted parties, or any other reason airG may unilaterally determine at any time.
This EULA was written in English (Canada). To the extent any translated version of this EULA conflicts with the English version, the English version controls.
EULA Version Date: November 7, 2018
2. About accessing and using the Game
2.1 The specific Game rules, scoring rules, controls and guidelines for the Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of this EULA and you agree that you shall comply with them in respect of the Game.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Game. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Game.
2.3 There may also be times when our Game or any part of it are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2.4 Certain features of the Game require an Internet connection. If you do not have an Internet connection at the time of accessing these features, your Game will run in a reduced and limited fashion.
3.1 No account is required for you to use the Game. However you may create an account using the Facebook connect function within the Game and/or using the Apple Game Center.
3.2 You agree that you shall take all steps necessary to protect your login details and keep them secret.
3.3 You agree that you shall not give your login details to anyone else or allow anyone else to use your log in details or account.
3.4 In these terms, references to “login details" or “account" include your login details and account for any social network or platform that you may allow our Game and Sites to interact with.
3.5 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.6 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Game and Sites, and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
3.7 We shall not be responsible in any way for any loss of any kind that you may suffer as a result of any failure by the Game, or us, in maintaining your Game progress including but not limited to unforeseeable events such as data loss of your Game progress on our servers, or if the Game fails to properly upload your Game progress to our server, or as a result of technical errors or bugs, or any unforeseen circumstances, or for any other reason that may be the cause of your lost Game progress.
3.8 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.9 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in the Game and any Virtual Money or Virtual Goods associated with your account).
3.10 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR GAME AND SITES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
4.1 Subject to the terms of this EULA, airG grants you a personal, non-transferable, non-exclusive, revocable, limited license to (a) use the Sites and the Game for your use, and (b) download, install and use copies of the Game on mobile devices that you own or control for your use (the “License”).
Use of the Sites and the Game are licensed to you. airG owns all right, title and interest, including all related intellectual property rights, in and to the Sites and the Game. This License is not a sale and does not convey to you any rights of ownership in or related to the Sites or the Game. The airG name, logos, and all product names associated with the Game and Sites belong to airG, and no right or license is granted to you to use them by implication, estoppel or otherwise. If any third party claims that any of these names and/or logos – or your possession and use of the Sites or the Game or any of them – infringes that third party’s intellectual property rights, airG will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN THE GAME OR THE SITES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS.
4.2 airG reserves all rights not granted in this EULA.
4.3 If at any time you use the “Purr-sona” feature within the Game to create a cat avatar, you hereby grant us a worldwide, non-exclusive, non-revocable, commercial, royalty-free right in perpetuity, to use the name of your cat and the likeness of your cat as created by us through the Purr-sona feature, and/or the likeness of your cat that we created and any other materials that we created through the Purr-sona feature (the “Cat License”). This Cat License is non-revocable and is a perpetual license and will remain in effect even following the termination of this Agreement and your use of the Sites and Game. We may exercise our rights under this Cat License at our absolute discretion. We shall have the right to grant sublicenses to end users of the Game for their use of Cat License. We may use the Cat License for any purpose we determine in our absolute discretion, including paid-services, without any royalties payable to you.
5. Virtual Goods and Virtual Money
5.1 The Game may include virtual currencies such as Kitty Koins and Kitty Kash (“Virtual Money") or items or services for use with the Game, such as “Power-Ups”, “Boosters”, Loot Boxes, Purr-sona Accessories, and Su-purr-star Accessories (“Virtual Goods"). You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods only from us through the in-app purchase functions of the mobile platform you are using, and not from any third party. You agree that Virtual Money and Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone else.
5.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use them - any balance of Virtual Goods or Virtual Money does not reflect any stored value.
5.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. Please note that when you purchase a license to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 5.3, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods or Virtual Money are successfully credited to your account on our servers.
5.4 If you do not connect your game play on a device to an account that is linked to either your Facebook account or otherwise linked to your personally identifiable information, we will not be able to restore any purchases in any manner whatsoever. This includes but is not limited to uninstallation and reinstallation of the Game, deletion of local data, or installation to a different device if you lose that device or it is damaged. Accordingly, any risk of loss of Virtual Goods or Virtual Money on a device which is not connected in this way is transferred to you upon completion of the purchase as described in paragraph 5.3 above.
5.5 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
5.6 We may revise the pricing for Virtual Goods and Virtual Money offered through the Game at any time. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to purchase Virtual Money and Virtual Goods from us or our authorized partners through the Games, and not in any other way.
5.7 Depending on your mobile platform, any Virtual Goods or Virtual Money purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item.
5.8 Without limiting paragraph 5.4, if we suspend or terminate your account in accordance with these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
6. Restrictions. The rights granted to you in this EULA are subject to the following restrictions. You agree that you will not
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites or any of the Game;
(b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Sites or the Game;
(c) access, tamper with, or use non-public areas of the Sites, the Game, airG’s computer systems, or the technical delivery systems of airG;
(d) access the Sites or the Game in order to build a similar or competitive Sites or service;
(e) probe, scan, or test the vulnerability of any airG system or network, or breach or circumvent any security or authentication measures;
(f) access or search, or attempt to access or search, the Sites or any Service by any means, automated or otherwise, other than through the currently available, published interfaces provided by airG, unless you have been specifically allowed to do so via a separate agreement with airG;
(g) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Game to send altered, deceptive or false source-identifying information;
(h) interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network by any means including sending a virus, overloading, flooding, spamming, mail-bombing airG, the Sites or the Game or any of them, in such a manner as to interfere with, or create an undue burden on, airG or its users;
(i) collect information using automated means;
(j) offer any contest, giveaway or sweepstakes on the Sites or the Game without airG’s prior written consent;
(k) facilitate or encourage any violations of this EULA;
(l) remove or destroy any copyright notices or other proprietary markings contained on or in the Sites or any of the Game;
(m) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Game and Sites;
(n) use the Service to design or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software to modify or interfere with the Game and Sites;
(o) use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Game and Sites, or that is in transit from or to the Game and Sites, including any software that reads areas of RAM or streams of network traffic used by the Game and Sites, to store information about characters, elements or environment;
(p) intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server or the Game and Sites, whether through the use of a network analyzer, packet sniffer or other device;
(q) bypass any robot exclusion headers or other measures we take to restrict access to the Game and Sites, or use any software, technology, or device to send content or messages, scrape, spider or crawl the Game and sites, or harvest or manipulate data;
(r) use, facilitate, create or maintain any unauthorized connection to the Game, or Sites including (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Game and Sites, or (b) any connection using programs, tools or software not expressly approved by airG; and
(s) copy, modify or distribute rights or content from any Sites, or airG’s copyrights or trademarks or use any method to copy or distribute the content of the Game except as specifically allowed in this EULA.
Except as expressly stated herein, no part of the Sites or the Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Any future release, update, or other addition to
functionality of the Sites or the Game shall be subject to the terms of this EULA.
All copyright and other proprietary
notices on any Sites or Game must be retained on any copies.
7. Local Laws. airG makes no representation that the Sites or the Game are appropriate for use in locations other than Canada and the United States. You are solely responsible for compliance with all applicable laws, including export and import regulations. Any diversion of the Sites or the Game contrary to Canadian or United States law is prohibited.
8. Modification. airG reserves
the right, at any time, to modify, suspend, or discontinue the Sites or the Game
or any part thereof with or without notice. You agree that airG will not be liable to you
or to any third party for any modification, suspension, or discontinuance of
the Sites or the Game or any part thereof. In addition, airG reserves the right to create
limits on use at airG’s discretion at any time without prior notice to you.
9. Product Claims. You agree that airG alone is responsible for addressing any claims by you or a third party relating to the Game or your possession and/or use of the Game including (a) product liability claims; (b) any claim that the Game or any of them fail to conform to any legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
10. Communications from airG. As part of
providing the Sites and the Game, airG may send certain communications such as
service announcements and administrative messages. These communications are considered part of
the Game, and you will not be able to opt out of receiving them. By using the Game or any of them, you agree
to accept these communications.
11. Cookies. When you use certain Sites, airG may store one or more cookies (a small text file containing a string of alphanumeric characters) on your mobile device that uniquely identifies your browser. These cookies may store your unique account ID, an API key, your profile information and your username, but no other personal information. Certain Sites may use persistent cookies. A persistent cookie remains after you close your browser, and may be used by your browser on subsequent visits to the Sites. Persistent cookies can be removed by following your web browser help file directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Sites may not function properly if the ability to accept cookies is disabled. By using the Game and Sites, you agree to accept the placement of cookies on your browser.
11. Acceptable Use Policy. You will not use the Sites
or the Game to upload, distribute, or otherwise use any Content that (i)
violates any third-party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right; (ii) is tortious, trade libelous,
defamatory, false, or intentionally misleading; (iii) is harassing, abusive,
threatening, harmful, vulgar, obscene, or offensive, or that contains
pornography, nudity, or graphic or gratuitous violence, or that promotes
violence, racism, discrimination, bigotry, hatred, or physical harm of any kind
against any group or individual, or is otherwise objectionable; (iv) is harmful
to minors in any way; (v) constitutes unsolicited or unauthorized advertising,
promotional materials or any other form of duplicative or unsolicited messages,
whether commercial or otherwise; or (vi) violates any law, regulation, or
You will not use the Sites or the Game to: (i) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) collect information or data (including email addresses, telephone numbers) regarding other users without their consent (including e.g., using harvesting bots, robots, spiders, or scrapers); (iii) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Sites (including e.g., a denial of service attack); (iv) attempt to gain unauthorized access to the Sites or the Game or servers or networks connected to the Sites (e.g., through password mining); or (v) interfere with another user’s use and enjoyment of the Sites or the Game; (vi) post credit card numbers or similar numbers or information; (vii) impersonate any person or entity (including, but not limited to, any airG official, forum leader, guide or host) or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Copyright Infringement. THIS NOTICE AND PROCEDURE IS EXCLUSIVELY FOR CLAIMING COPYRIGHT INFRINGEMENT REGARDING YOUR MATERIAL(S) THAT APPEAR ON THE SITES AND/OR GAME, IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). We do not condone posting of copyrighted material belonging to third parties on the Sites and Game, and will respond to alleged violations in accordance with procedures allowed by the Digital Millennium Copyright Act (“DMCA”) outlined below. If you believe that your copyright rights have been infringed, please provide airG with the written information specified below. Please note that this procedure is exclusive for notifying airG that your copyright material has been infringed. An electronic or physical signature of the person who is authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by either the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
airG’s Copyright Agent for notice of claims of copyright infringement on its Sites can be reached as follows:
airG Legal Department
1200 – 89 West Georgia Street,
Vancouver, B.C., V6B 0N8
Canada E-mail: email@example.com
13. Enforcement. We reserve the right to access, read, preserve, and disclose any information related to you or your use of the Game or Sites, as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms of this EULA, including investigation of potential violations of this EULA; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of airG, the Sites, the Game, its users and the public.
14. Termination. We may (a) suspend your rights to use the Sites and/or the Game, or (b)
terminate this EULA as it pertains to you.
We may suspend or terminate at any time for any reason at our sole
discretion with or without notice to you, including if we in good faith believe
you have violated the Acceptable Use Policy or any other provision of this EULA
or any applicable law. In addition, airG
may suspend or terminate your access for any or no reason, or no reason at all.
We may also add or create new limits to
the Game and Sites at any time.
Upon termination of this EULA, your right to use the Sites and the Game or any of them will automatically terminate immediately. airG will not have any liability whatsoever to you for any termination of this EULA.
If your rights to use the Sites and/or the Game have been terminated, you may be banned from using any and all airG Game in the future.
Even after this EULA is terminated as it pertains to you, the following provisions of this EULA will remain in effect: 1,3,4,8,10, 12,14,15,16,17,18, 21, 23,28.
15. Third Party Sites and Ads. The Sites and Game may contain links to third
party websites, applications, and advertisements for third parties
(collectively, “Third Party Sites & Ads”). You agree to accept Ads from airG as well as
from third parties with whom airG contracts so that those third parties can
offer their goods and Game to you. airG is not responsible for and does not
control Third Party Sites & Ads. airG provides these Third Party Sites &
Ads only as a convenience to you. airG
has no obligation to review or monitor, and does not approve, endorse, or make
any representations or warranties with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at
your own risk. When you access a Third
Party Sites & Ad, the applicable third party’s terms and policies apply,
including the third party’s privacy policies. You should make whatever investigation you
feel necessary or appropriate before proceeding with any transaction in
connection with any Third Party Sites & Ads.
16. Indemnity. You agree to defend, indemnify and hold harmless airG, its officers, directors, employees, contractors, agents and suppliers from and against any and all claims, suits, losses, damages, obligations, liabilities, costs, debts and expenses (including attorneys’ fees) brought by third parties resulting from or relating to (a) your use of the Sites or the Game, (b) your violation of this EULA, or (c) your violation of any third party right, including any intellectual property, property or privacy right. airG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify airG, and you agree to cooperate with airG’s defense of these claims. You agree not to settle any matter related to this EULA or your use of the Sites or the Game or any of them without the prior written consent of airG. airG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that airG has no indemnity obligations to you.
17. Release. You hereby irrevocably and
unconditionally release and forever discharge airG, its officers, directors,
employees, agents and suppliers from any and all claims, demands, and rights of
action, whether now known or unknown, which relate to any interactions with, or
act or omission of, the Game, the Sites or airG users or Third Party Sites
& Ads. IF YOU ARE A CALIFORNIA
RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION
WITH THE FOREGOING. THAT CODE SECTION
STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.”
18. Disclaimers. THE SITES AND THE GAME ARE AT
YOUR SOLE RISK AND ARE PROVIDED “AS-IS” AND AS AVAILABLE AND airG, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. airG, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS AND SUPPLIERS MAKE NO WARRANTY THAT THE SITES OR THE GAME (A) WILL MEET
YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE,
(D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT THE SITES OR THE GAME OR
BOTH, OR ANY FEATURE THEREOF, WILL BECOME EITHER PERMANENTLY OR TEMPORARILY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
19. Limitation on Liability.
IN NO EVENT SHALL airG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS EULA, THE SITES OR THE GAME, EVEN IF airG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES OR THE GAME, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF airG’s SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM airG’s SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT airG SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO, AND USE OF, THE SITES AND THE GAME ARE
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITES OR THE GAME MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Changes to this EULA. This EULA is subject to occasional revision. Any changes to this EULA will be effective upon our posting of the most recent version of this EULA on the Sites. These changes will be effective immediately for users of the Sites or the Game. Continued use of the Sites or the Game following posting of the most recent version of this EULA shall indicate your acknowledgement of any such changes and your agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated on this first page of this document. We recommend that you revisit this EULA from time to time to ensure you are aware of any changes.
Any notice provided to airG
pursuant to this EULA should be sent to:
1200 – 89 West Georgia Street,
Vancouver, B.C., V6B 0N8
Attn: Corporate Counsel
22. Governing Law; Jurisdiction. This EULA shall be governed by the laws of British Columbia, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia, Canada for the purpose of litigating all such claims or disputes, and you further agree that the Sites and the Game shall be deemed a passive server whose activities do not give rise to personal jurisdiction over airG, either specific or general, in jurisdictions other than British Columbia, Canada. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect airG’s intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.
23. Improperly filed claims. All claims you bring against airG must be
resolved in accordance with this Governing Law section above. All claims filed or brought contrary to the
Governing Law section above or any other applicable section shall be considered
improperly filed. Should you file a
claim contrary to the governing Law Section above, or any other applicable section, airG shall be entitled to recover
attorneys’ fees and costs up to $1000, provided that airG has notified you in
writing of the improperly filed claim and you have failed to promptly withdraw
24. Severability. If any provision of this EULA is, for any reason, held to be invalid or unenforceable, the other provisions of this EULA will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
26. Force majeure. airG shall not be liable for any delay or
failure to perform resulting from causes outside the reasonable control of airG
including any failure to perform hereunder due to unforeseen circumstances or
cause beyond airG’s control including acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods, accidents,
strikes or shortages of transportation facilities, fuel, energy, labor or materials.
27. Records Retention. Your account information may be stored in the United States and/or Canada, the actual locations and length of time of storage is to be determined at the sole discretion of airG.
28. Local Storage. Local storage is a key value data store that is built into modern browsers. Certain Sites and Game may use such local storage as a data cache to store items the Game and Sites have recently downloaded from the server in order to enhance performance of the Game and Sites. The Game and Sites will store your profile information in local storage.
Local storage is stored indefinitely inside your browser. By using local storage, the Game and Sites make fewer calls to the server and saves on your data consumption.
You may wish to delete local storage through your browser, although some browsers do not allow for such deletion. If you delete all local storage, the Game and Sites will rebuild local storage the next time you use them. If you delete part of the information stored in local storage, the Game and Sites may not operate properly.
29. Feedback. If you provide airG any feedback or suggestions (“Feedback”), you hereby assign to airG all rights in the Feedback and agree that airG shall have the right to use such Feedback and related information in any manner it deems appropriate. airG will treat any Feedback you provide to airG as non-confidential and non-proprietary information. You will not submit to airG any information or ideas that you consider to be confidential or proprietary.
30. Third Party Beneficiary – Download From Apple Inc.’s App Store. If You obtained the Service via a download from Apple Inc’s app store then You and airG acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
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