effective as of April 23rd 2018 version 1
a) Governing law and jurisdiction
NOT APPLICABLE TO QUEBEC CONSUMERS
These Terms are governed exclusively by the domestic laws of Ontario and the federal laws of Canada applicable therein. The International Sale of Goods Act, RSO 1990, c I.10, does not apply to these Terms.
NOT APPLICABLE TO QUEBEC CONSUMERS
Any litigation arising from or related to these Terms or the App or the Services shall be submitted to the exclusive jurisdiction of the courts of Ontario sitting in Toronto.
b) Jury Trial Waiver
All disputes arising from or relating to these Terms or the App shall be determined by a judge-alone trial. You and us irrevocably waive any right to a trial by jury which might exist in any forum.
You may not assign any of your rights arising under these Terms without our written consent.
d) Status of the Parties
These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor do they create any fiduciary duties.
These Terms can only be amended or suspended by following the procedure set out in clause 1, above. No other amendment or suspension is valid, nor can any purported waiver be set up against us unless the waiver follows the procedure for an amendment set out in clause 1.
f) Entire Agreement
NOT APPLICABLE TO QUEBEC CONSUMERSThese Terms (as amended from time to time) constitute the entire agreement between you and us regarding the App and the Services. These Terms (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the App or the Services.
For clarity, despite this Entire Agreement clause, if we organize in-App tournaments, those tournaments will be governed by these Terms and a set of tournament rules.
You and us have agreed that these Terms and all related documents be drawn up in the English language. Les parties aux présentesreconnaissentavoirconvenu que la présente entente et les documents connexessoientrédigésen langue Anglais.
General inquiries may be sent to the following coordinates:
- PeopleCorp Gaming Inc.
- 1111 Boulevard Dr.-Frederik-Philips, Suite 600
- Montréal (Québec) H4M 2X6
- Telephone: +1 438.259.3171M
Termination and Survival
a) Termination without Cause
We may terminate these Terms without cause and without prior notice if we choose to discontinue the App, the Services, or both. You may terminate these Terms without cause at any time by uninstalling the App and ceasing to use the Services.
Clauses 1, 2(b), 3, 4, 5, 8, 9, 10, 11, and 12 shall survive the termination of these Terms regardless of reason, and shall continue to bind both you and us.
Limitation of Liability
NOT APPLICABLE TO QUEBEC CONSUMERSWITH THE EXCEPTION OF INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED TO THE APP, THE SERVICES, OUR ACTIONS OR INACTIONS, OR THESE TERMS (INCLUDING THE BREACH OF THESE TERMS). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY, PRIVACY, STATUTE, OR OTHERWISE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOST TIME, OR LEGAL FEES AND LITIGATION EXPENSES.
Disclaimer of Warranties
NOT APPLICABLE TO QUEBEC CONSUMERS
WE HEREBY EXCLUDES ALL CONDITIONS AND WARRANTIES REGARDING THE APP AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE DOES NOT GUARANTEE ANY PARTICULAR LEVEL OF UP-TIME OR AVAILABILITY OF THE SERVICES. THE SERVICES MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING SCHEDULED AND UNSCHEDULED MAINTENANCE BY US.
We may at a future date organize one or more in-App tournaments. If we do so, these tournaments will be governed by these Terms, plus an additional set of tournament rules.
We may update the App from time to time in order to improve the App and/or the Services. Your ability to continue using the App either in solo play or multiplayer may depend on your installing these updates. If you have turned on auto-updates on your device, this will cause updates to the App to install automatically. By turning on auto-update settings, you hereby expressly consent to the installation of updates to the App.
You agree that we may contact you with messages and information, including commercial electronic messages and information, via your in-game account for the App. This will involve you receiving messages via the device on which the App is installed, and possibly also emails through the account that you provided to us, the email communication will solely be used to communicate information about rewards.
The App includes virtual currencies Gold and Jade, as well as cosmetic and other items or upgrades that can be earned through solo or competitive play, or via in-game purchases (collectively “Virtual Items”).
You acknowledge that Virtual Items are a form of entertainment service and have no monetary value. This acknowledgement is subject to variation only by an express written agreement to the contrary between you and us. You further acknowledge that you do not own Virtual Items, and that instead, you have a limited, personal, revocable licence to use them through the App as part of the Services.
You agree that Virtual Items are specific to your account and cannot be transferred to anyone else. Your acquisition of Virtual Items is final and cannot be refunded once a Virtual Item has been applied to your account by our servers.
If we terminate the App or the Services, this may result in the non-availability of some or all of your Virtual Items. You accept this risk and agree that no refund or compensation is due in such a scenario.
If we terminate your account for any reason, this may also result in the non-availability your Virtual Items. You again accept this risk and agree that no refund or compensation is due in such a scenario.
We set the price of Virtual Items in the App and may change that price from time to time. Additional charges may be applied to your purchase of Virtual Items by various intermediaries, including platform (app store) fees, payment processing fees, taxes, data charges, etc. We have no control over any such additional fees. If you are not sure whether additional fees may apply, you should consult the appropriate intermediaries.
Certain functionalities of the Services (such as dueling) may require payment of Virtual Items, or a Virtual Item’s functionality may be used up when it is activated in-game. You agree that once a Virtual Item has been deducted from your account, it is gone and non-refundable, even if the functionality is subsequently interrupted or disrupted for any reason.
We may provide you with Virtual Items, either as a gift or as a reward for completing certain actions within the App (such as beating levels in the campaign). We reserve the right to change the conditions for receiving such Virtual Items, or the amount of Virtual Items that we provide, or to discontinue some or all of these distributions.
When using the Services, you promise that you will comply with the applicable local law. You further agree that you will not:
- use the Services for any commercial purpose or for the benefit of any third party;
- attempt to decompile, reverse engineer, disassemble or hack any of our Services;
- “harvest”, “data mine”, “scrape”, or otherwise collect any information regarding the App, the Services, or other users of the App or Services;
- sell, transfer or try to sell or transfer your account or Virtual Items;
- circumvent any limitations we place on your use of the App or Services;
- use or display the App in such a way that this allows derivation of information about the Services that was not intended to be made available to users;
- circumvent any security features or technological protection measures built into the App;
- automate access to the App or the Services, including through the use of APIs or bots; or
- disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when using the App or the Services.
If you believe that someone else is violating any of part of these Terms, please contact us at this email address: email@example.com
When accessing the Services, you may choose, or in some cases you may be required, to create an account with us. Your account is intended for your use only, and you must not share your log-in credentials with others, nor allow others to access your account. We are entitled to rely on your compliance with this rule, and treat all actions taken through your account as being your actions. You accept full responsibility for all consequences (including unauthorized purchases) of allowing third parties access to your account or credentials.
You are limited to a single account, and cannot create multiple accounts, either under your own name or the names of others. You must use only your own accurate and current information to create an account with us.
If we have deleted or suspended your account, or terminated these Terms with you, you may not create new accounts. Any attempt to circumvent this rule will result in the immediate termination of your new account upon discovery.
You agree that your account exists to facilitate delivery of the Services, and that you do not own your account. We can delete, suspend, or modify your account at any time and for any reason.
You understand that if you delete your account, or if we delete your account in accordance with these Terms, you will lose access to any data previously associated with your account (including, your progress through the App, your tournament standing (if applicable), Rewards/Prizes and any Virtual Items associated with your account).
Access to Services
a) Limited Use Right
We do not sell the App. Instead, you are licenced to download a single copy of the App onto each one of your devices.
Subject to your compliance with these Terms, and for as long as we make the Services available through the App, you are hereby granted a limited, revocable, non-exclusive, non-transferrable right to use the Services via the App. For greater certainty, this does not include any right to directly access the software, databases, algorithms or data which powers the Services and App, nor any right to obtain a copy of the source code or architecture of the App or related programs.
Your use right under these Terms is a personal, non-commercial right. It does not extend to third parties, nor to commercial activities.
b) Availability of the Services
Our role is to make the App and Services reasonably available to you. We cannot control – nor can we accept any responsibility for – any other issues.
In all cases, our ability to deliver the Services requires a stable data. If your phone’s ability to access data via wireless networks or the Internet is compromised, the Services may be delivery slowly, inaccurately, or not at all. These connectivity problems can arise from many sources, ranging from physical interference to power outages to errors by telecommunication providers. Once again, your ability to effectively use the App or Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.
The Services also depend on your device. If your device is damaged, not compatible with the App (including updates to the App), or if you have turned off settings on which the App relies to deliver the Services, then your ability to effectively use the App or Services may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.
Finally, our ability to effectively deliver the Services via the App depends on you having access to the latest version of the App. If you delay or refuse updates to the App, this may compromise or completely prevent us from delivering the Services. We cannot accept any responsibility for any problems or damages which might occur.
If you play games against other users in multiplayer, we are not responsible for whether or not the users you play against will experience any of the above issues.
Changes to these Terms
We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time in our discretion, and could occur very close together, or very far apart, depending on the circumstances.
We will provide you with notice of the proposed amendment by posting an amended version of these Terms with a new version number. We will include a link to the previous version of the Terms beneath the new version number. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply.
If you disagree with any amendments, you may terminate these Terms by uninstalling the App and ceasing to use the Services at any time within the 30-day notice period. If the amendment increases your obligations under these Terms, or decreases our obligations under these Terms, then you can cancel during the 30-day notice period and also in the 30 days after the amendments take effect. There is no cost or penalty for terminating these Terms due to an amendment. If you do not uninstall the App and cease using the Services during the applicable cancellation period, then by your continued use, you are considered to have accepted the proposed amendments.