Terms of Service
AGREEMENT OF TERMS AND CONDITIONS FOR OUR PRODUCTS
READ THIS CAREFULLY — IT'S BINDING AND AFFECTS YOUR RIGHTS. This agreement ("Agreement") applies to all online sales of a license by Tempogarden ("Company") to use the "Product". Product means: (a) any video games and related software code, (b) documentation, instruction manuals, and user guides, (c) audio and visual elements, screen images, narrative, characters, look and feel, and all distinctive art and design, and/or (d) all intellectual property and associated rights, including copyright, patent, trade secret, trademark, service mark, trade dress, artistic and moral rights, mask rights, character rights, publicity rights, and all other proprietary rights relating to any video games, related software, or other items sold online and any updates or upgrades to the Product. Purchasers and users of the Product are referred to as "you." By using the Product, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Service, and (3) if you're between 13 and 18, your legal guardian has reviewed and agrees to these Terms. This is a legally binding agreement between you and Company. You get a limited license to personally use the Product by paying for it and agreeing to this Agreement. If you break these terms, you must immediately return all Product and delete all related software. The license becomes effective when you download the Product and ends if you breach this agreement. It's limited to you personally and only for playing the video game as intended. If you buy multiple Products, each one is bound by this Agreement or whatever agreement was in place at that time. Company can change, modify, add, or remove portions of these Terms and its Privacy Policy anytime by posting updated terms on its website. You accept these changes by continuing to use the Product. If you disagree with any part of the current Terms, Privacy Policy, or any other Company policy, your license terminates immediately and you must stop using the Product.
USE OF PRODUCT
You agree that although you have a license from Company to personally use the Product, Company owns it and you must follow this agreement. You can make one backup or archival copy of the Product and include all information with it, including this agreement. You won't share, transfer, or deal with the Product in any way. You won't engineer, disassemble, modify, reverse engineer, or alter the Product or let others do it. You won't loan, rent, lease, or transfer any part of the license or Product to anyone. These restrictions apply to your use. By using the Product, you agree to follow them and any additional restrictions or rules in the Product itself. You agree not to: Interfere with or disrupt the Product, servers, or networks connected to it, or ignore any requirements, procedures, policies, or regulations of connected networks. Interfere with, disrupt, or circumvent any security feature or feature that restricts access to the Product. Use the Product to violate any applicable local, state, national, or international law. Use it to harm minors. Reveal personal information about anyone else. Defraud or mislead Company or other users. Impersonate anyone or falsely claim affiliation. Cheat or use, develop, or distribute automation software, "macro" software, or "cheat utility" software designed to modify the experience unfairly. You also agree to follow all applicable laws and rules about online conduct and User Content. You won't use the Product or any part of it for actions that Company considers detrimental to the Product or anyone's enjoyment of it. Company decides what conduct violates the rules and can take action, which may include excluding you from further participation. You're responsible for any fees—data, access, usage—charged by your internet provider or mobile carrier when accessing the Product.
PAYMENT & WARRANTY
You'll pay all amounts Company charges for the license and won't dispute any payment except if the Product isn't performing as Company intended within seven days of acquiring the license. Any such claim must be made only after Company has had a chance to fix the issue. ALL REFUND CLAIMS MUST BE MADE WITHIN SEVEN DAYS OF ACQUIRING THE LICENSE. YOU AGREE THAT ALL SALES ARE FINAL AND NON-REFUNDABLE, UNLESS COMPANY OR THE APPLICABLE THIRD PARTY PLATFORM DECIDES IN ITS SOLE DISCRETION TO PROVIDE A REFUND WITHIN THE SEVEN DAY PERIOD. AFTER SEVEN DAYS FROM ACQUIRING THE LICENSE, YOU WON'T BE ENTITLED TO A REFUND BUT COMPANY WILL CONTINUE PROVIDING ASSISTANCE AND SUPPORT THROUGH ITS CUSTOMER SUPPORT SERVICE CENTRE.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Product may include virtual currency like coins, gems, tokens, or similar items that you can earn through the Product or buy for real money, subject to applicable law ("Virtual Currency"). It may also include virtual items such as commodities, abilities, or other goods that you can earn or buy for real money or Virtual Currency, subject to applicable law ("Virtual Goods"). Company reserves the absolute right to manage, regulate, control, modify, or eliminate Virtual Currency and Virtual Goods at any time. Company has no liability to you or any third party if it exercises these rights. You have no right, title, or interest in Virtual Goods or Virtual Currency except this: You get a limited, personal, nontransferable, non-sublicensable, revocable license to use Virtual Goods and Virtual Currency that you've earned, bought, or otherwise obtained in a way Company authorized. You can only use them within the Product. You agree that transferring Virtual Currency and Virtual Goods is prohibited except where the Product expressly allows it. Outside the Product, you won't sell, redeem, or transfer Virtual Currency or Virtual Goods to Company, any other user, or anyone else. All sales of Virtual Currency and Virtual Goods are final and non-refundable unless Company or the applicable third party platform decides in its sole discretion to provide a refund. If these Terms, your license, or the Product terminates for any reason, you forfeit all Virtual Currency and Virtual Goods. Company has no liability to you for that forfeiture.
USER CONTENT
The Product may invite or enable you and other users to create, submit, record, post, display, transmit, perform, publish, or distribute communications and materials (text, writings, photos, graphics, images, comments, personal information, etc.). This includes making content available to Company and other users through email, forums, message boards, messaging services, blogs, or other Product features (collectively "User Content"). Company doesn't have to accept, display, review, maintain, or otherwise use any User Content. All User Content is the sole responsibility of whoever created it. Company doesn't have to pre-screen, review, examine, evaluate, or monitor User Content for accuracy, validity, legality, decency, integrity, or any other quality. Using the Product is at your own risk. You may be exposed to User Content that's indecent, offensive, objectionable, or doesn't meet your needs. You bear all risks from using any User Content. Company isn't liable for any User Content available through the Product, including errors, omissions, or any loss or damage from using it. Company reserves the right to pre-screen, review, monitor, refuse, remove, censor, edit, alter, delete, disable access to, or otherwise make unavailable any User Content without notice for any reason, including violating these Terms. You can report User Content you believe violates the Terms or is otherwise inappropriate. User Content you make available is called "Your Content". You agree it's not confidential and won't be returned to you. You represent and warrant that Your Content is original to you and you own all rights to it, including the right to grant all rights and licenses in these Terms without Company incurring any third party obligations. You grant Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit Your Content via the Product or any other means for any purpose. You also grant Company the right to sublicense and authorize others to exercise any rights granted to Company under these Terms. You irrevocably grant Company the unconditional right to use and exploit your name, voice, persona, and likeness included in any User Content. Except as prohibited by law, you waive any attribution rights and moral rights you may have in Your Content.
COMPANY REPRESENTATIONS
YOU AGREE THAT USING THE PRODUCT IS AT YOUR SOLE RISK AND PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES, OR LICENSORS (COLLECTIVELY "COMPANY PARTIES") DO NOT WARRANT THAT (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO THESE TERMS OR THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU'VE PAID TO COMPANY UNDER THESE TERMS IN THE NINETY DAYS IMMEDIATELY BEFORE YOU FIRST ASSERT ANY CLAIM. IF YOU HAVEN'T PAID COMPANY ANYTHING IN THAT PERIOD, YOUR ONLY REMEDY FOR ANY DISPUTE IS TO STOP USING THE PRODUCT.
TERMINATION
Company can terminate these Terms and your access to the Product (or parts of it, at Company's discretion) at any time for any reason. Company may also notify authorities or take any actions it deems appropriate without notice to you if it suspects or determines that you've (i) failed to comply with any provision of these Terms or any Company policies or rules, or (ii) engaged in actions that may be illegal or cause liability, harm, embarrassment, harassment, abuse, or disruption for you, Company, third parties, or the Product itself. As a result of termination, you may lose all data and information associated with your use, including usernames, avatars, characters, achievements, Virtual Currency, and Virtual Goods. You won't be entitled to and Company won't be liable for any refund, reimbursement, or other compensation as a result of termination for any reason, by you or Company. Company reserves the right to refuse to provide the Product to anyone. These Terms stay effective until terminated. You agree these Terms survive termination of the Terms or the Product.
DISPUTES WITH OTHERS
Company can monitor and manage disputes between you and other users but doesn't have to. You're solely responsible for your interactions with other users and parties you contact through the Product. You'll cooperate fully with Company to investigate any suspected unlawful, fraudulent, or improper activity. Company isn't liable to you or any third party for disputes between you and other users.
THIRD PARTY WEBSITES
The Product may contain links to third party websites or resources. Company isn't responsible for (i) their availability or accuracy, or (ii) the content, products, or services on or available from them. Links don't imply Company endorsement of those websites, resources, or anything available from them. You're solely responsible and assume all risk from using any such websites or resources. Company can remove any links anytime for any reason or no reason.
GOVERNING LAW
This Agreement is governed by the laws of the Province of Ontario and the laws of Canada. Both parties irrevocably agree to the jurisdiction of the Ontario courts.
SUCCESSORS IN INTEREST
This Agreement binds and benefits the parties and, as applicable, their heirs, agents, successors, administrators, and assigns. You can't assign this Agreement without written approval from Company, which it may reasonably withhold. Company can assign it to any party that agrees to be bound. Company is released from liability if it assigns the Agreement and all rights and obligations to a party who assumes them. WAIVER Any waiver of a provision or breach must be in writing. If Company waives a provision or breach, that doesn't count as a continuing waiver.
SEVERABILITY
If any part of this Agreement is invalid, it doesn't affect the rest.
ENTIRE AGREEMENT
This Agreement is the complete understanding between the parties on this subject.