END
USER LICENSE AGREEMENT
Preamble
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. Canada, the Game and
Sites are provided by airG Inc., a Canadian corporation. In the rest of the world, the Game and Sites
are provided by 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 terms of this End User License
Agreement (“EULA”) sets forth the legally binding terms for your use of the Game
and the Sites. By using the Game and/or
the Sites, you are accepting this EULA and you represent and warrant that you
have the right, authority, and capacity to enter into this agreement. If you do not agree with all provisions of
this EULA, please do not use the Game or the Sites. This EULA (which includes by reference airG’s Privacy Policy) is the final, complete and exclusive
agreement between you and airG with respect to the subject matters hereof and
supersedes and merges all prior discussions and agreements between you and airG
with respect to such subject matters, including any prior EULAs or Privacy
Policies. Note that airG offers many games
which may be covered by their own EULA; in case there is a conflict between
this EULA and any EULA, the agreement with the terms most favorable to airG, as
determined solely by airG shall govern.
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 agreeing to this EULA and our Privacy Policy
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 23, 2020
1.
Privacy Policy.
PLEASE REVIEW OUR PRIVACY POLICY AT https://kittysnatch.com/privacy.html.
THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO AND CONSIDERED A
PART OF THIS EULA. Any information you
provide to airG is subject to the Privacy Policy. Through your use of the Game and the Sites,
you consent to the collection and use of this information, including the
transfer of this information to the US and Canada for storage, processing and
use by airG.
airG has
implemented physical, electronic, and managerial procedures in order to help
safeguard and prevent unauthorized access, use, alteration, modification and/or
disclosure of your personal information.
Although airG uses reasonable efforts to safeguard the security of your
personal information, transmissions made on or through the internet and
personal information stored on our servers or the servers of third parties that
we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are
not protected by encryption and are vulnerable to interception during
transmission. To read more about the
security of your account, please refer to airG’s
Privacy Policy.
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. Accounts
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. License.
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 contractual obligation.
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;
General Terms
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:
Copyright Agent
airG Legal
Department
Strawinskylaan
411, WTC, Tower A, 4th Floor, 1077 XX, Amsterdam, P.O. Box 79141, 1070 ND,
Amsterdam, The Netherlands
E-mail: legal@airg.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
UNAVAILABLE.
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.
ACCESS 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 THEREFROM.
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.
21. Notice.
Any notice
provided to airG pursuant to this EULA should be sent to:
airG Worldwide Cooperatie
U.A.
Strawinskylaan 411, WTC,
Tower A, 4th Floor, 1077 XX, Amsterdam, P.O. Box 79141, 1070 ND, Amsterdam, The
Netherlands
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 that claim.
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.
25. Entire
Agreement; General. This EULA (including airG’s
Privacy Policy and any other legal notices published by airG) is the final,
complete and exclusive agreement between you and airG with respect to the
subject matters hereof (including the Sites and the Game) and supersedes and
merges all prior discussions and agreements between you and airG with respect
to such subject matters (including any prior EULAs, Terms of Service or Privacy
Policies). airG’s failure to exercise or enforce any
right or provision of this EULA shall not operate as a waiver of such right or
provision. The word “including” means “including
without limitation”. Neither you nor
airG is an agent or partner of the other. This EULA, and your rights and obligations
herein, may not be assigned by you without airG’s
prior written consent, and any attempted assignment in violation of the
foregoing will be null and void. airG
may assign this EULA to any of its affiliates or in connection with a merger,
acquisition, reorganization or sale of all or substantially all of its assets,
or other operation of law, without your knowledge or consent. The terms of this EULA shall be binding upon
assignees. This EULA does not confer any
third party beneficiary rights.
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.
airG: Strawinskylaan 411,
WTC, Tower A, 4th Floor, 1077 XX, Amsterdam, P.O. Box 79141, 1070 ND,
Amsterdam, The Netherlands
