Last updated: May 24, 2016
This Legal Agreement (the “Agreement”) governs your use of the Quatrix Game Service (the “Service”) and website. It is important that you read and understand the following terms. By clicking “agree,” you are agreeing that these terms will apply if you choose to access the Service. If you do not agree to the terms of the Agreement, do not click “agree” and do not use or download the Service.
If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. By entering into this Agreement, you are representing that you have the legal authority to do so.
Evenly Odd Games, LLC, is the provider of the Service, which permits you to engage in game-related activities, including, but not limited to, participation in eventual leaderboards, multi-player games, and tracking achievements. Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. By accepting this Agreement, you represent that you understand and agree to the foregoing.
I. YOUR ACCOUNT
As a registered user of the Service, you may establish an account (“Account”) in accordance with the usage rules below (the “Usage Rules”). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Evenly Odd Games, LLC of any security breach of your Account. Evenly Odd Games, LLC shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your registration data to keep it accurate and complete. You agree that Evenly Odd Games, LLC may store and use your registration data to maintain your Account. You may not create an Account for anyone other than yourself without that person’s permission.
II. USAGE RULES
You agree to use the Service in compliance with these Usage Rules. Evenly Odd Games, LLC reserves the right to modify the Usage Rules at any time.
You are authorized to use the Service only for personal, non-commercial, non-gambling use.
You agree not to, or attempt or assist another person to, violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Service.
You agree that you will NOT use the Service to:
- Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of United States or international laws;
- Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- Interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements, or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- Cheat or otherwise modify the Service or the Quatrix game experience to effect an advantage for one player over another;
- Plan or engage in any illegal activity, including, but not limited to, gambling.
III. THIRD-PARTY MATERIALS
Certain content, and services available via the Service may include materials from third parties. Evenly Odd Games, LLC may provide links to third-party websites as a convenience to you. You agree that Evenly Odd Games, LLC is not responsible for examining or evaluating the content or accuracy and Evenly Odd, LCC does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
IV. INTELLECTUAL PROPERTY
You agree that the Service, including but not limited to graphics, user interface, audio clips, video clips, editorial content and the scripts and software used to implement the Service, contains proprietary information and material that is owned or licensed by Evenly Odd Games, LLC (and/or its licensors), and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or any means, except as expressly permitted in these Usage Rules. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Evenly Odd, LLC and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Service at any time without notice. In no event will Evenly Odd Games, LLC be liable for these changes.
All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Evenly Odd Games, LLC, and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR THE USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND MAY INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO LEGAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
QUATRIX, THE BOARD AND PIECES, RULES OF PLAY, GRAPHICS AND LOGOS USED IN CONNECTION WITH THE SERVICE AND ASSOCIATED RIGHTS ARE TRADEMARKED AND COPYRIGHTED IN THE USA AND CANADA. YOU ARE GRANTED NO RIGHT OR LICENSE WITH RESPECT TO ANY OF THE AFORESAID TRADEMARKS OR COPYRIGHTS NOR ANY USE OF THE TRADEMARKS OR COPYRIGHTS.
V. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION; INDEMNIFICATION
Evenly Odd Games, LLC does not guarantee, represent, or warrant that the use of the Service will be uninterrupted or error-free, and you agree that from time to time Evenly Odd Games, LLC may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided “AS-IS” and “as available” for your use, without warranties of any kind, either express or implied.
You agree that Evenly Odd Games, LLC, its directors, officers, employees, affiliates, agents, contractors, or licensors will not be held liable for any damage to any hardware, software, or consequential or incidental damages arising from your use or misuse of the Service.
By using the Service, you agree to indemnify and hold Evenly Odd Games, LLC, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys’ fees, with respect to any claims arising out of your or Evenly Odd Games, LLC’s breach of this Agreement, your use of the Service, or any action taken by Evenly Odd Games, LLC arising from this Agreement, including, but not limited to, as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred.
You agree that Evenly Odd Games, LLC’s entire liability, and your exclusive remedy, with respect to your use of the Service, and any breach of this Agreement is limited to the amount, if any, you paid Evenly Odd Games, LLC. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Evenly Odd Games, LLC’s liability is limited to the extent permitted by law.
You may not rely on oral or written information or advice given by Evenly Odd Games, LLC’s officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and Evenly Odd Games, LLC’s responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by Evenly Odd Games, LLC to govern the use of the Service.
VI. ARBITRATION PROVISION AND CLASS-ACTION WAIVER
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Place of arbitration shall be the state of New Jersey. This Agreement and all claims arising from it is governed by the laws of the state of Wyoming, excluding its conflicts of laws rules.
You agree that, unless you indicate otherwise in writing within thirty (30) days of entering into this Agreement, that all legal proceedings with Evenly Odd, LLC will be heard on an individual basis. THIS MEANS NEITHER YOU NOR EVENLY ODD GAMES, LLC MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST ANY OTHER PARTIES, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OF PERSON IN A PRIVATE ATTORNEY GENERAL CAPACITY.
VII. TERMINATION AND MODIFICATION
Evenly Odd Games, LLC, reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of this Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
You agree that, notwithstanding anything herein to the contrary, you or Evenly Odd Games, LLC may terminate this Agreement for any reason at any time.
You agree that Evenly Odd Games, LLC has the right, but not the obligation, to delete all program, data, or other files associated with your Account at the time of termination.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
IX. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at www.playquatrix.com.