2.1 LEGAL USE OF PRODUCTS. You shall not, either directly or indirectly, use the Products in a manner that is prohibited by any law or regulation, that violates any third-party rights or that facilitates the violation of any law, regulation or third-party rights, or that would disrupt any third-party use or enjoyment of any Products provided by Way UP Games.
2.2 RESTRICTIONS ON USE OF PRODUCTS. You shall not: (a) copy, distribute, or disclose any part of the Products in any medium; (b) resell, sublicense, lease, time-share or otherwise make the Products available to any third party except as expressly permitted herein; (c) use the Products to send or store infringing or unlawful material or material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) modify, copy or create derivative works based on the Products; (e) reverse engineer, decompile, or disassemble the Products, except as expressly permitted by applicable law; (f) interfere with or disrupt the servers of networks that provide the Products, or take any other action that would interfere with the use of the Products by other users; (g) defeat or overcome any encryption technology or security measures used in the Products, or attempt to do so; (h) gain unauthorized access to any data stored, processed, received or transmitted by us; or (i) access the Products for the purpose of building a competitive Products or Products or copying its features or user interface.
2.3 USER CONTENT. Certain Products may allow users to post images, video, feedback, comments, data, information and other content (“User Content”) to the Products. You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available on the Products, and you agree that we are only acting as a passive conduit for your online distribution and publication of any such User Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Products, is solely your responsibility. We are not responsible for any public display or misuse of your User Content. All User Content you provide to the Products continues to be owned by you, provided however that by providing us the User Content: (a) you grant us and our affiliates and assignees a nonexclusive, irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute, publish, adapt, modify and translate such User Content in any and all media for any purpose and (b) waive any moral rights you may have in such User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that may represent the invasion of privacy of another individual; (vii) contains any information or content that you know is not correct and current; (viii) which consists of any unauthorized advertising, promotional materials, spam, chain letters or any other form of solicitation; or (ix) 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 designed to gain unauthorized access to any such equipment. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any third-party intellectual property rights, rights of publicity and privacy. You agree that you will not disguise, anonymize or hide your IP address or the source of any User Content that you may upload.
We take no responsibility and assume no liability for any User Content of other users that you may receive or gain access to through the Products. You understand and acknowledge that you may be exposed to User Content that is inaccurate, infringing, illegal, harmful, dangerous, offensive, indecent, or objectionable, and you agree that we shall not be liable for any damages you allege to incur as a result of such User Content.
2.6 REGISTRATION INFORMATION. You agree to keep any contact and other registration information provided to us up-to-date. You agree to not use any other’s person email address, social network account or other information to create an account. By providing us with your email address you consent to our using such email address to send you Product-related notices, including any notices required by law.
2.7 NO INFORMATION COLLECTION. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Products in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Products nor to use the communication systems provided by the Products for any commercial solicitation purposes. You agree not to use any portion of the Products as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.
3.1 VIRUTAL ITEMS. The Products allow you to purchase virtual currencies (such as coins, gems and points) or items or services for use in the Products (“ Virtual Items”). You can purchase Virtual Items from us for actual money if you are at least 18-years-old. You may also receive Virtual Items for performing certain actions or services, or based on your progress in a game or other Program. You agree that any Virtual Items 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 Items from us, and not from any third party. You do not own Virtual Items, but instead you purchase a limited personal revocable license to use them; any balance of Virtual Items does not reflect any stored value. We reserve the right to control, regulate, change or remove any Virtual Items, in our sole discretion, without any liability owing to you.
4.1 OWNERSHIP OF INTELLECTUAL PROPERTY. As between the parties, Way UP Games or its third-party providers shall retain all ownership rights in the Products and the technology, software, products, processes, algorithms, user interfaces and know-how related to the Products. No license, right or interest in any Way UP Games trademark, copyright, trade name or service mark is granted hereunder.
4.2 LICENSE OF FEEDBACK. Way UP Games shall have a royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, worldwide, transferable, sub-licensable license to use, copy, modify, or distribute, including by incorporating into the Products, any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Products.
5.1 NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS-IS” AND NEITHER Way UP GAMES NOR ITS AFFILIATES OR SUPPLIERS MAKE, AND USER RECEIVES, NO WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE PRODUCTS OR ANY USE OF OR INABILITY TO USE THE PRODUCTS. Way UP GAMES AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, CAPACITY, PERFORMANCE, TITLE, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. USER UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER Way UP GAMES NOR ITS AFFILIATES OR SUPPLIERS WARRANT THAT THE PRODUCTS WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DATA OR VIRTUAL ITEMS IN THE PRODUCTS WILL NOT BE LOST OR DESTROYED, OR THAT ANY SOFTWARE ERRORS WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Way UP GAMES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR OTHER AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO A PORTION OF THE ABOVE EXCLUSION MAY NOT APPLY TO USER. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE PRODUCTS. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
NEITHER Way UP GAMES NOR ITS AFFILIATES OR SUPPLIERS MAKES ANY REPRESENTATION THAT USE OF THE PRODUCTS IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES OR WHERE IT IS ILLEGAL OR PROHIBITED BY LAW.
5.2 NO WARRANTY AGAINST LOSS OF DATA. Without limiting the generality of the foregoing disclaimers, User acknowledges that the Products are not designed to operate without error and that in no event will Way UP Games assume liability for any loss or corruption of User Content, Virtual Items, games progress or score or other data stored in the Products.
6.3 NO EXCEPTIONS. THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY WHETHER OR NOT Way UP GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8.1 MODIFICATION AND TERMINATION. We reserve the right to withdraw or modify one or more of our Products (in whole or in part) from time to time, in our sole discretion, without liability to you. We reserve the right to terminate your use of the Products at any time, in our sole discretion with or without cause, and you should not place any reliance on your ability to continue to use the Products. In case of any termination, you must cease all use of the Products and Way UP Games may immediately restrict your access to the Products. As a result of such termination, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in a Product and any Virtual Items associated with your account)
Way UP Games is a trademark of Way UP Games LLC