TERMS OF USE

Gamerizon Studio Inc.

Last Updated: October 16, 2012

Gamerizon Studio Inc. (“Gamerizon”/“we”/”us”) owns and operates www.gamerizon.com (the “Website”) and creates games which can be downloaded and played on mobile devices and computers (the “Games”). This document (“Terms”) together with our Privacy Policy sets out the terms on which we make our Website, Games and all content (together “the Services”) available for access, download and use. Please read these Terms carefully because if You use the Services (eg. downloading our Games; viewing/browsing content on the Website), You are acknowledging that You have read and agreed to be bound by them. By downloading and installing Games you confirm your agreement to use such Games only in accordance with these Terms and, if you download our Games through Apple Inc.’s App Store or iTunes (the “App Stores”) you are subject to the App Stores specific user agreement applicable to that application. Unless otherwise indicated, the use of any Games made available through the App Stores is governed by Apple Inc.’s Licensed Application End User License Agreement. In the event of any inconsistency between these Terms of Use and any license agreement, the license agreement shall govern in relation to the Apps. If You are a minor in your place of residence You must have Your parents review and agree to these Terms on Your behalf before You access or use the Services. We may modify these Terms from time to time (see further: Amendments to this Policy). Continued use of the Services signifies Your consent to these changes. If You do not agree to anything in these Terms, do not use (or continue to use) the Services because use of the Services in violation of these Terms may result in legal action against You. These Terms constitute a legal agreement solely between Gamerizon and You.

  1. License Grant
  2. Accounts
  3. Prohibited Conduct
  4. Changes and Availability of the Services
  5. Virtual Properties
  6. Third Parties
  7. Termination
  8. Disclaimer of Warranties
  9. Limitation of Liability
  10. General Provisions
 

1. LIMITED LICENSE

 

All information, data, text, software, music, sound, photographs, graphics, video, or other materials (including Virtual Currency and Goods as defined below) contained in the Services belong to us or our licensors and service providers. Subject to Your compliance with these Terms, we grant You: a) a non-exclusive right to access and use the Services solely for Your personal, non-commercial entertainment purposes; b) subject to the restrictions in Section 3 (Prohibited Conduct), the limited right to post short walkthroughs of the Games and share screenshots on gaming forums, Youtube and blogs for the purpose of showcasing the game and for providing genuine, fair reviews; and c) a non-transferable, non-exclusive, license to download, install and use one copy of the Game from the App Store on an iPhone, iPod or iPad device that you own and control for your own use. Games are licensed to you; not sold.

You represent and warrant, that Your use of the Services will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. If You violate any of these Terms, we reserve the right to terminate Your license without notice.

2. ACCOUNTS

 

If You have an account with us, You are responsible for maintaining the confidentiality of Your account information (including usernames, screen names, and passwords and billing information). You must notify us immediately of any unauthorized use or theft of Your account or any other breach of security with respect to any Services. We will not be liable for any loss that You may incur as a result of someone else using Your account, either with or without Your knowledge. You are responsible for the activities occurring under Your account and You will be liable for any losses or damages incurred by us or any third party due to someone else using Your account. You may not use anyone else’s account at any time. Your account is personal to You and You may not transfer or make available Your account to others. Any distribution by You of Your account or related information may result in immediate suspension and/or cancellation of Your account.

3. PROHIBITED CONDUCT

 

In accessing and using the Services You agree that You will not:

  1. Subject to the license grant rights in Section 1b above, copy or distribute any part of the Services (including any content) and will not alter or modify any part of the Services;
  2. upload, post, email, transmit or otherwise make available on the Website or through the Games:
    i. any material that You do not have the right to distribute or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, encourages criminal behavior, violates any law (including third party IP rights), or is otherwise objectionable, or post a link to the Website or to the Games from any third-party website(s) containing such content;
    ii. any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
    iii. any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    iv. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or the Games or that of any users or viewers of the Website or the Games or that compromises a user’s privacy;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or the Games;
  4. interfere with or disrupt the Website or the Games or servers or networks connected to the Website or the Games or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  5. collect or store personal data about other users or viewers or resell the content of the Website or the Games;
  6. violate any other terms governing the access or use of the Services (eg. terms of use/service or guidelines from any third party web site through which the Services are made available);
  7. exploit, distribute or publicly inform other users of any game error, miscue or bug which gives an unintended advantage; or
  8. use, promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Games.
 

4. CHANGES AND AVAILABILITY OF THE SERVICES

 

We may alter, suspend, or discontinue this Website and/or the Games at any time and for any reason or no reason, without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. You agree that we will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services, including any content thereon, or any parts of the foregoing with or without notice.

5. VIRTUAL PROPERTIES

 

The Games may include virtual, in-game currency, including game cash (such as coins), and/or game points (“Virtual Currency”) and/or virtual, in-game digital items (“Virtual Goods”), (Virtual Currency and Virtual Goods together being “Virtual Properties”). Virtual Properties are managed and controlled by us and may be eliminated or modified from time to time at our sole discretion. Virtual Properties may be purchased from us for real money if You are of legal age in Your country of residence or have parental consent to do so.

The following terms apply to Virtual Properties:

  1. All sales of Virtual Properties are final and no refunds will be given for purchases made;
  2. You cannot transfer Virtual Properties unless clearly permitted in a specific Game;
  3. Virtual Properties cannot be redeemed for “real world” money, goods or other items of monetary value from us or any other person and You are not entitled to transfer or sell Virtual Properties to third parties;
  4. Prices and availability of Virtual Properties are subject to change without notice. We shall have no liability to You or anyone for the exercise of such rights;
  5. We are under no obligation to continue hosting the Games just because You have purchased Virtual Properties and Your right to Virtual Properties within a Game will end if Your account is terminated or suspended or we discontinue a Game or portions of a Game.
 

If you purchase Virtual Properties You will be required to provide payment information at the point of purchase. When You provide payment information You represent and warrant that You are the authorized holder of that information or You are entitled to provide those details by Your parent or guardian. You are responsible for all charges incurred, including applicable taxes, and all purchases made by You or anyone that uses Your account.

6. THIRD PARTIES

 

You acknowledge and agree that the Services may contain advertisements and other promotional content of third parties including links to third party websites. Some of these third parties may invite You to participate in offers in return for receiving benefits (eg. Virtual Currency). If You elect to have any dealings with anyone whose products or services are advertised on the Website and/or in the Games, You acknowledge and agree that such dealings are solely between You and such third party and that we will have no responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

Please note that some third party advertisers may charge access fees or other fees and any separate charges or obligations You incur in Your dealings with these third parties are Your responsibility. We provide access to third party promotions, links and advertising only as a convenience and we do not imply any endorsement or recommendation of any third party products, services or businesses. It is always Your choice whether to access any of these third party sites and take advantage of any offers and if You do, You are doing so at Your own risk. Third party promotions, links, offers and websites are subject to their own terms and policies, including their own privacy policies which may differ from ours.

7. TERMINATION

 

We may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website or the Games (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website and/or the Games may also include removal of some or all of the materials uploaded by You to the Website and/or the Games and account information and Virtual Properties. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to You or any third-party for any termination of Your access to this Website and/or any Games or for the removal of any of the materials uploaded by You to the Website and/or any Games. Any termination of these Terms by us shall be in addition to any and all other rights and remedies that we may have.

8. DISCLAIMER OF WARRANTIES

 

ALL CONTENT AND MATERIALS OF THE SERVICES (INCLUDING ON THE WEBSITE AND THE GAMES) ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE FUNCTIONS CONTAINED ON THIS WEBSITE AND/OR IN THE GAMES WILL BE UNINTERRUPTED OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED, OR (III) THIS WEBSITE, THE GAMES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SERVICES, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

TERMS RELATING TO APPLE. APPLE HAS NO OBLIGATION WHATSOEVER TO PROVIDE MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO ANY GAMERIZON APP. WE ARE SOLELY RESPONSBILE FOR ANY PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED. IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP TO YOU AND TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE GAMERIZON’S SOLE RESPONSIBILITY.

9. LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  1. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, OR ANY CONTENT THEREON, INCLUDING FROM: (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE, THE GAMES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR IN THE GAMES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR IN THE GAMES, OR (IV) LOSS OR DAMAGE TO VIRTUAL PROPERTIES, CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER CONTENT, GAME PLAY OR OTHER DATA OR INFORMATION. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
  2. OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS AND THE SERVICES, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $100 CANADIAN DOLLARS.
 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations set out above may not apply to You.

Apple, is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

10. GENERAL PROVISIONS

 
  1. Applicable Law and Jurisdiction. These Terms and the resolution of any dispute related to these Terms or the Services shall be governed by and construed in accordance with the laws of Quebec, Canada, without giving effect to any principles of conflicts of law. Any legal action or proceeding related to this agreement shall be brought exclusively in a court of competent jurisdiction located in Canada.
  2. Use of the Services in Other Jurisdictions. We operate and provide the Services from Canada and we make no representation that the Services are appropriate or available in all locations. The content provided on the Site or Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation of that jurisdiction or country.
  3. Legal Compliance. By downloading the Apps, you are representing and warranting that you are not: (i) located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and (ii) listed on any US Government list of prohibited or restricted parties.
  4. Copyright and Trademark Information. This Website, the Games, and the information and materials that they contain, are our the property and the property of our licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Gamerizon product names and logos are trademarks or registered trademarks of Gamerizon Studio Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any materials displayed by the Services, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission.
  5. Feedback. If You provide us with any suggestions, comments or other feedback (“Feedback“) relating to the Website or the Games, we may freely use such Feedback in the Services and our business. In submitting Feedback, You agree that: (a) we not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information and You have all of the right to disclose the Feedback to us, (c) You are not entitled to receive any compensation or re-imbursement of any kind from us in respect of the Feedback.
  6. Assignment. Neither the rights nor obligations arising under these Terms are assignable by You, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
  7. Enforceability. If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Any failure by us to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action that You may have arising out of or related to this Website, the Games, and/or the Services or Your use of this Website, the Games, and/or the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
    Apple Inc., and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as third party beneficiary thereof.
  8. Language. The parties confirm that it is their wish that these Terms, as well as all other documents relating to these Terms, including notices, be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
  9. Entire Agreement. These Terms, our Privacy Policy and any other guidelines or requirements notified to You, constitutes the entire agreement between the parties relating to the Website, use of our Games and all related activities. These Terms shall not be modified except by a new posting of these Terms issued by us.
  10. Amendments to this Policy. We reserve the right to change these Terms from time to time for example, to reflect changes to our Services, industry guidelines and regulatory requirements. We will provide notice to you by posting an appropriate notice if we make any material changes to these Terms and any material changes will become effective 10 days after the new version of these Terms is posted. The date on which the latest update was made is indicated at the top of this document. We recommend that You revisit these Terms from time to time to ensure You are aware of any changes. Continued use of the Services means you accept any changes made to these Terms.
  11. Contact Us. If You have any questions, comments or suggestions about our information policies which aren’t answered here, please contact us by email at: privacy@gamerizon.com.