The Terms of Service govern your use of OneGame Services, and contain important information about
your rights and responsibilities. OneGame uses your
personal information to provide and develop OneGame’s
products, mobile applications according to the privacy policy.
Terms of
Service ("TOS")
Effective
Date: Jan 8, 2026
Welcome.
These terms of service (“TOS”) apply to you
and OneGame Studio ("OneGame”)
regarding your use of OneGame´s games, websites,
discussion forums and related services ("Services"). Use of the
Services is also governed by OneGame´s Privacy Notice
available at http://www.onegamestudio.net/privacy.htm , which is incorporated
by reference.
As a precondition for using the Services,
you must agree to these TOS. If you accept these TOS, you represent that you
are age 13 or older. If you are between the ages of 13 and 17 or otherwise do
not have the authority to enter into agreements such as these TOS, you
represent that your legal guardian, or a holder of parental responsibility, has
reviewed and agreed to these TOS.
By using or otherwise accessing the
Services, you agree to these TOS. If you do not agree to these TOS, you may not
use or otherwise access the Services.
Unless otherwise specified by a component
of an applicable Service, the Services are free to use or download but may
contain features that may allow you to make purchases within the Services.
If you access the Services from a social
networking site ("SNS"), such as Facebook, you agree to comply with
its terms of service as well as these TOS.
OneGame may issue additional policies related to specific
components of the Services (including, but not limited to, forums, contests,
sweepstakes or loyalty programs). Your right to use the Services is subject to
such relevant policies and these TOS.
1. Right to Use the Services
Subject to these TOS, OneGame
hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited
right and license to use the Services for your personal, non-commercial use.
The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not
receive any other license. OneGame retains all right,
title and interest in and to the Services, including, but not limited to, all
copyrights, trademarks, trade secrets, trade names, proprietary rights,
patents, titles, computer codes, audiovisual effects, themes, characters,
character names, stories, dialog, settings, artwork, sound effects, musical
works, gameplay recordings made using the Services, moral rights, whether
registered or not and all applications thereof. Unless expressly authorized by
law, the Services may not be copied, reproduced or distributed in any manner or
medium, in whole or in part, without OneGame’s prior
written consent. OneGame reserves all rights not
expressly granted to you herein.
The Services and its contents are licensed,
not sold. You agree that you have no right or title in or to any content that
appears in the Service, including, but not limited to, the Virtual Items or
currency appearing in or originating from the Services, whether earned in the
Services or purchased from OneGame or third parties.
2. Purchases in the Services
OneGame may license to you certain
virtual goods to be used within the Service and which you may purchase with
"real world" money or which you may earn or redeem via gameplay
("Virtual Items"). Virtual Items are licensed to you on a limited,
personal, non-transferable, non-sublicensable, revocable basis and are intended
solely for non-commercial use.
OneGame may manage, control, modify or eliminate Virtual Items
at any time, with or without notice.
The transfer of Virtual Items is prohibited
except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent
value in real world money and are not a substitute for real world money.
Neither OneGame nor any other person or entity has
any obligation to exchange Virtual Items for anything of value. OneGame is not liable for hacking or loss of your Virtual
Items.
Price and availability of Virtual Items are
subject to change without notice.
By law, all purchases and redemptions of
Virtual Items made through the Services are final and non-refundable. You
acknowledge and consent that the provision of Virtual Items for use in the
Services is a process that commences immediately upon purchase and that you
forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that OneGame is not required to provide a refund for Virtual
Items for any reason. You further acknowledge that you will not receive money
or other compensation for unused Virtual Items, regardless of whether your loss
of license under these TOS was voluntary or involuntary.
If you ask for your personal data to be
deleted as described in OneGame’s Privacy Notice, you
will permanently forfeit all of your Virtual Items without the right to refund,
as OneGame will no longer be able associate such
Virtual Items with you.
3. Code of Conduct
You agree that you will not, under any
circumstances:
• Use, either directly or indirectly, any cheats, exploits,
automation software, bots, hacks, mods or any unauthorized third-party software
designed to modify or interfere with the Services.
• Use the Services in violation of any applicable law or
regulation.
• Use the Services for commercial purposes, including, but
not limited to, to advertising, or solicitation, or transmission of any
commercial advertisements such as spam emails, chain letters, pyramid or other
get-rich-quick schemes.
• Use the Services for fraudulent or abusive purposes
including, but not limited to, using the Services to impersonate any person or
entity, or otherwise misrepresent your affiliation with a person, entity or the
Services;
• Disrupt, interfere with or otherwise adversely affect the
normal flow of the Services or otherwise act in a manner that may negatively
affect other users' experience when using the Services.
• Disrupt, overburden, or aid or assist in the disruption
or overburdening of any computer or servers used to offer or support the
Services.
• Attempt to gain unauthorized access to the Services, to
accounts registered to others or to the computers, servers, or networks
connected to the Services by any means other than the user interface provided
by OneGame, including, but not limited to, by
circumventing or modifying, attempting to circumvent or modify, or encouraging
or assisting any other person to circumvent or modify, any security,
technology, device, encryption, or software that is part of the Services.
• Post any information, content or other material (or post
links to any information or content) that contains nudity, excessive violence
or is abusive, threatening, obscene, defamatory, libelous, or racially,
sexually, religiously offensive or otherwise objectionable.
• Engage in ongoing toxic behavior, such as repeatedly
posting information on an unsolicited basis.
• Attempt to, or harass, abuse, or harm, or advocate or
incite harassment, abuse, or harm of another person, group, including OneGame employees, directors, officers, and customer
service representatives.
• Make available through the Services any material or
information that infringes any copyright, trademark, patent, trade secret,
right of privacy, right of publicity, or other right of any person or entity,
or which impersonates any other person, including, but not limited to, a OneGame employee, director or officer.
• Unless specifically authorized by law, attempt to
decompile, reverse engineer, disassemble or hack any of the Services, or to
defeat or overcome any of the encryption technologies or security measures or
data transmitted, processed or stored by OneGame, or
to obtain any information from the Services using any method not expressly
permitted by OneGame.
• Solicit or attempt to solicit login information or any
other login credentials or personal information from other users of the
Services.
• Harvest, scrape or collect any information about or
regarding other people that use the Services, including, but not limited to,
through use of pixel tags, cookies, GIFs or similar items that are sometimes
also referred to as spyware.
• Post anyone's private information, including personally
identifiable information/personal data (whether in text, image or video form),
identification documents, or financial information through the Services.
• Engage in any act that OneGame
deems to conflict with the spirit or intent of the Services or make improper
use of OneGame´s support services.
4. Third-Party Services
Services may include links to third-party
services (including, but not limited to, advertisements displayed by third
parties) and/or the third-party services may be made available to you via
Services. These services may include, but are not limited to gameplay recording
and sharing, social media connectivity and advertisements. These services are
subject to respective third party terms and
conditions. Please read these third-party terms and conditions, carefully as
they constitute an agreement between you and the relevant third-party service
provider to which OneGame is not a party.
5. Accounts and Login Information
Certain elements of the Services may enable
you to create an account or otherwise register with the Services (“Account”).
You may be required to select a password for your Account or you may also use
other credentials to access the Account ("Login Information"). You
agree that you will not give your Login Information to anyone else or allow
anyone else to use your Login Information or Account. You are solely
responsible for maintaining the confidentiality of the Login Information, and
you are responsible for all uses thereof, including purchases. OneGame may assume that anyone logging into your Account
using your Login Information is either you or someone logging in with your
permission.
OneGame reserves the right to delete your Account if OneGame observes no activity by you in relation to the
Account for 180 days or more. In such event, you may no longer be able to
access and/or use any Virtual Items associated with that Account and no refund
will be offered to you.
6. User Contributions
The Services may allow you to create
content, including, but not limited to, gameplay maps, characters, screenshots
or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Services, you
hereby grant OneGame a non-exclusive, royalty-free,
perpetual, irrevocable, fully transferable and sub-licensable worldwide right
and license to use your User Contributions in any way and for any purposes
including, but not limited to, the right to reproduce, copy, adapt, modify,
perform, display, publish, broadcast, transmit, or otherwise communicate to the
public by any current or future means and to distribute your User Contributions
without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you
hereby waive any moral rights of paternity, publication, reputation, or
attribution with respect to OneGame's and other
players' use and enjoyment of your User Contributions in connection with the
Services and related goods and services under applicable law. This grant of
license to OneGame, and the foregoing waiver of any
applicable moral rights, survives any termination of these TOS.
OneGame, its directors, officers and employees do not accept or
consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories,
screenplays, artwork, musical or audiovisual works, concepts or any other
creative materials) in any format, by means of any transmission (“Unsolicited
Content”). Please do not submit any Unsolicited Content to OneGame
or its directors, officers or employees. However, if you submit Unsolicited
Content to us, you agree that such Unsolicited Content will not be treated as
confidential, regardless of what you otherwise state in your accompanying
message. You further agree that such Unsolicited Content may be used and
exploited by OneGame without compensation to you or
any third party and you grant OneGame a perpetual,
non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and
transferable (in whole or in part) worldwide license to use, exploit,
reproduce, transmit, amend, display and exhibit Unsolicited Content in all
current or future media for any purpose and to create derivative works based
upon the Unsolicited Content.
7. Communications between Users of the
Services
OneGame assumes no responsibility for the conduct of other users
of the Services and assumes no responsibility for monitoring the Services for
inappropriate content or conduct. OneGame does not,
and cannot, pre-screen or monitor all content or conduct of users. Your use of
the Services is at your own risk.
By using the Services, you may be exposed
to content or conduct that is offensive, indecent or otherwise not in line with
your values. OneGame may utilize technology to
monitor and/or record your interactions with the Services or communications
(including, but not limited to, chat text) when you are using the Services. You
irrevocably consent to such monitoring and recording. Accordingly, you agree
that you have no expectation of privacy concerning the transmission of any
content within the Services, including, but not limited to, chat text or voice
communications.
OneGame reserves the right at its sole discretion to review,
monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any content made available by users of the Service without notice
for any reason or for no reason at any time. If at any time OneGame
chooses, at its sole discretion, to monitor the Services, OneGame
nonetheless assumes no responsibility for content made available by users of
the Services, and OneGame assumes no obligation to
modify or remove any inappropriate content.
8. Suspension and Termination for your
Breach
Without limiting any other remedies
available to OneGame, if OneGame
believes that you are in breach of these TOS, OneGame
reserves the right to take any of the following actions, whether individually
or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of
your Account; (ii) limit, suspend and/or terminate your access to the Services;
(iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify
any game progression or benefits and privileges associated with you, such as
any level or score you have reached in the Services.
9. Availability of the Services
OneGame may limit, suspend or terminate the Services, or
portions thereof, and take technical and legal steps to prevent users from
accessing the Services if OneGame believes they are
creating risk or possible legal liabilities, infringing intellectual property
rights of third parties, or not acting in accordance with the letter or spirit
of these TOS.
OneGame reserves the right to stop offering and/or supporting
the Services or a part thereof (e.g. a game or
a feature of a game) at any time, at which point your license to use the
Services or a part thereof will be terminated automatically. In such an event,
unless otherwise required by applicable law, OneGame
does not have to provide refunds for Virtual Items or other items in connection
with such discontinued Services.
10. Disclaimer
To the fullest extent permissible under
applicable law, the Services are provided to you “AS IS,” without warranty,
assurances or guarantees of any kind. It may have defects, and your use is
solely at your risk. OneGame does not make, and
hereby disclaims any and all express, implied or statutory warranties,
including implied warranties of condition, uninterrupted use, accuracy of data
(including, but not limited to, location data), merchantability, satisfactory
quality, fitness for a particular purpose, non-infringement of third-party
rights, and warranties (if any) arising in the course of dealing, usage, or
trade practices. OneGame does not warrant against
interference with your enjoyment of the Services; that the Services will meet
your requirements; that operation of the Services will be uninterrupted or
error-free; that the Services will interoperate or be compatible with any other
services; or, that any errors in the Services will be corrected. No oral or
written advice provided by OneGame, its employees or
other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers
such as those set forth above; thus, the above terms may not apply to you.
Instead, in such jurisdictions, the foregoing disclaimers shall only apply to
the extent permitted by the laws of such jurisdictions. Moreover, you may have
additional legal rights in your jurisdiction, and nothing in these TOS shall
infringe upon the statutory rights that you may have as a consumer of the
Services.
11. Limitations of Liability
In no way will OneGame
be liable for special, incidental or consequential damages resulting from
access, use or malfunction of the Services, including but not limited to,
damages to property, loss of goodwill, device failure or malfunction and, to
the extent permitted by law, damages for personal injuries, property damage,
lost profits or punitive damages from any causes of action arising out of or
related to these TOS or the Services, whether arising in tort (including
negligence), contract, strict liability or otherwise and whether or not OneGame has been advised of the possibility of such
damages. For purposes of Article 12 “Limitations of Liability,” OneGame’s licensors and other partners are third-party
beneficiaries to the limitations of liability specified herein and may enforce
these TOS against you.
In no way will OneGame´s
total aggregate liability arising out of or in connection with these TOS, the
Privacy Notice or the Services exceed the higher of: (i)
the actual price (if any) you paid for the license to use Virtual Items; or
(ii) one hundred euros (€100). The exclusions and limitations of damages are
fundamental elements of the basis of the agreement between OneGame
and you.
Some jurisdictions do not allow certain
limitations of liability such as these stated above; thus, the above terms may
not apply to you. Instead, in such jurisdictions, the foregoing limitations of
liability shall apply only to the extent permitted by the laws of such
jurisdictions. Moreover, you may have additional legal rights in your
jurisdiction, and nothing in these TOS will infringe upon any statutory rights
you may have as a consumer of the Services.
You agree to indemnify, defend and hold OneGame (and OneGame´s officers,
directors, agents, subsidiaries, joint ventures and employees) harmless from
any claim, demand, damages or other losses, including reasonable attorneys'
fees, asserted by any third-party resulting from or arising out of your use of
the Services, or any breach by you of these TOS; however, the foregoing does
not apply if the third-party claim is not attributable to your intentional or
negligent behavior.
12. Copyright and DMCA
If you believe the Services or any of its
content infringes your copyrights, please send a notice to: Onegame Global Limited, Address: Rm 409 Beverley Comm Ctr, 87-105 Chatham Rd South, Tsim Sha Tsui, Hong Kong. or alternatively via email to: [email protected]. Notices sent to the specified address will reach OneGame´s registered DMCA agent.
Please include all of the following in your
DMCA notice:
• Identify the copyrighted work that you claim has been
infringed. If your DMCA notice covers multiple works, you may provide a
representative list of such works.
• Identify what you claim is the infringing material,
including a description of where the material is located. Your description must
be reasonably sufficient to enable OneGame to locate
the material.
• Provide your full legal name, mailing address, telephone
number, and (if available) email address.
Include the following statement in the body
of the DMCA notice:
“I have a good-faith belief that the use of
the material is not authorized by the copyright owner, its agent, or the law. I
represent that the information in this DMCA notice is accurate and, under
penalty of perjury, that I am the owner of the copyright or authorized to act
on the copyright owner’s behalf.”
Please note that under 17 U.S.C. 512(f), if
you knowingly misrepresent that a material or activity is causing infringement,
you may be liable for damages, including the costs and attorneys’ fees incurred
by us or our users. If you are unsure whether the material or activity you are
reporting is causing infringement, you may wish to contact an attorney before
serving a notice to OneGame.
13. Links to Third-party Products and
Services
OneGame may link to third-party websites or services from the
Services. You understand that OneGame makes no
promises regarding any content, goods or services provided by such third
parties and, you understand OneGame does not endorse
them. OneGame is also not responsible to you in
relation to any losses or harm caused by such third parties. Any charges you
incur in relation to these third parties are your responsibility. You
understand that when you provide data to such third parties you are providing
it in accordance with their privacy policy (if any) and you understand OneGame´s Privacy Notice does not apply in relation to such
data.
14. Governing Law
If you are a resident outside the United
States, you agree that all disputes between you and OneGame
shall be governed by the laws of Vietnam, regardless of conflict of law
provisions. You agree that any claim or dispute you may file against OneGame must be resolved exclusively by a court located in
Hanoi, Vietnam.
If the jurisdiction of your domicile
prohibits OneGame from enforcing the governing law
provision, nothing in these TOS limits your rights based on the laws governing
your domicile.
15. Assignment, Severability and Entire
Agreement
OneGame may assign these TOS, in whole or in part, to any person
or entity at any time with or without your consent. You may not assign or
delegate any rights or obligations under these TOS or the Privacy Notice
without OneGame’s prior written consent, and any
unauthorized assignment and delegation by you is void.
If any provision of these TOS is held to be
invalid or unenforceable, such provision will be limited or eliminated to the
minimum extent necessary, and the remaining provisions of these TOS will remain
in full force and effect. OneGame’s failure to
enforce any right or provision of these TOS will not be deemed a waiver of such
right or provision.
This TOS and Privacy Notice set out the
entire agreement between you and OneGame regarding
the Services and supersede all earlier agreements and understandings between
you and OneGame.
Any failure by OneGame
to exercise or enforce any of its rights under these TOS does not waive its
right to enforce such right. Any waiver of such rights shall only be effective
if it is in writing and signed by an authorized representative of OneGame.
If you have any questions about these TOS,
please contact [email protected].
16. Licensed
application end user license agreement.
a. Scope of
License: Licensor grants to you a nontransferable license to use the Licensed
Application on any Apple-branded products that you own or control and as
permitted by the Usage Rules. The terms of this Standard EULA will govern any
content, materials, or services accessible from or purchased within the
Licensed Application as well as upgrades provided by Licensor that replace or
supplement the original Licensed Application, unless such upgrade is
accompanied by a Custom EULA. Except as provided in the Usage Rules, you may
not distribute or make the Licensed Application available over a network where
it could be used by multiple devices at the same time. You may not transfer,
redistribute or sublicense the Licensed Application and, if you sell your Apple
Device to a third party, you must remove the Licensed Application from the
Apple Device before doing so. You may not copy (except as permitted by this
license and the Usage Rules), reverse-engineer, disassemble, attempt to derive
the source code of, modify, or create derivative works of the Licensed
Application, any updates, or any part thereof (except as and only to the extent
that any foregoing restriction is prohibited by applicable law or to the extent
as may be permitted by the licensing terms governing use of any open-sourced
components included with the Licensed Application).
b. Consent
to Use of Data: You agree that Licensor may collect and use technical data and
related information—including but not limited to technical information about
your device, system and application software, and peripherals—that is gathered
periodically to facilitate the provision of software updates, product support,
and other services to you (if any) related to the Licensed Application.
Licensor may use this information, as long as it is in a form that does not
personally identify you, to improve its products or to provide services or
technologies to you.
c.
Termination. This Standard EULA is effective until terminated by you or
Licensor. Your rights under this Standard EULA will terminate automatically if
you fail to comply with any of its terms.
d. External
Services. The Licensed Application may enable access to Licensor’s and/or
third-party services and websites (collectively and individually,
"External Services"). You agree to use the External Services at your
sole risk. Licensor is not responsible for examining or evaluating the content
or accuracy of any third-party External Services, and shall not be liable for
any such third-party External Services. Data displayed by any Licensed
Application or External Service, including but not limited to financial,
medical and location information, is for general informational purposes only
and is not guaranteed by Licensor or its agents. You will not use the External
Services in any manner that is inconsistent with the terms of this Standard
EULA or that infringes the intellectual property rights of Licensor or any
third party. You agree not to use the External Services to harass, abuse,
stalk, threaten or defame any person or entity, and that Licensor is not
responsible for any such use. External Services may not be available in all
languages or in your Home Country, and may not be appropriate or available for
use in any particular location. To the extent you choose to use such External
Services, you are solely responsible for compliance with any applicable laws.
Licensor reserves the right to change, suspend, remove, disable or impose
access restrictions or limits on any External Services at any time without
notice or liability to you.
e. NO
WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED
APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE
LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY
SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
f.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE
THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total
liability to you for all damages (other than as may be required by applicable
law in cases involving personal injury) exceed the amount of fifty dollars
($50.00). The foregoing limitations will apply even if the above stated remedy
fails of its essential purpose.
g. You may
not use or otherwise export or re-export the Licensed Application except as
authorized by United States law and the laws of the jurisdiction in which the
Licensed Application was obtained. In particular, but without limitation, the
Licensed Application may not be exported or re-exported (a) into any
U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's
Specially Designated Nationals List or the U.S. Department of Commerce Denied
Persons List or Entity List. By using the Licensed Application, you represent
and warrant that you are not located in any such country or on any such list.
You also agree that you will not use these products for any purposes prohibited
by United States law, including, without limitation, the development, design,
manufacture, or production of nuclear, missile, or chemical or biological
weapons.
h. The
Licensed Application and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software
and Commercial Computer Software Documentation are being licensed to U.S.
Government end users (a) only as Commercial Items and (b) with only those
rights as are granted to all other end users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright laws of the
United States.
i. Except to
the extent expressly provided in the following paragraph, this Agreement and
the relationship between you and Apple shall be governed by the laws of the
State of California, excluding its conflicts of law provisions. You and Apple
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California, to resolve any dispute or
claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you
do not reside in the U.S.; (c) you are not accessing the Service from the U.S.;
and (d) you are a citizen of one of the countries identified below, you hereby
agree that any dispute or claim arising from this Agreement shall be governed
by the applicable law set forth below, without regard to any conflict of law
provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction
of the courts located in the state, province or country identified below whose
law governs:
If you are a
citizen of any European Union country or Switzerland, Norway or Iceland, the
governing law and forum shall be the laws and courts of your usual place of
residence.
Specifically
excluded from application to this Agreement is that law known as the United
Nations Convention on the International Sale of Goods.
17.
Subscriptions
• Some parts of the
Service are billed on a subscription basis («Subscription(s)»). Subscription
provides access to dynamic content or services in the Game on an ongoing basis.
Subscriptions may be available at different fees chargeable for a set period of
time specified in the Game («Subscription Period»). Payments for such
subscriptions would be charged at your Apple App Store or Google Play
account («Account») when You confirm the Subscription by available confirmation
tools of the Game. You acknowledge and agree that all billing and transaction
processes are handled by App Store or Google Play, from which platform You
downloaded the App, and are governed by their terms and conditions. If You have
any payment related issues, then You need to contact App Store or Google Play
directly.
• Trial Subscription is
offered free of charge for certain period of time from activation specified in
the relevant offer in the Game. If You do not cancel the Trial Subscription
within such period, Subscription Fee shall be withdrawn from Your Account when
the trial period expires. Please note that Your Subscription begins immediately
after the activation of a trial Subscription, not after the seven-day trial
period. You may cancel a subscription during its free trial period using
the Subscription setting of Your Account. This must be done 24 hours
before the end of the free trial subscription period (Apple App Store), or at
any time before the end of the free trial subscription period (Google Play
Store), otherwise it will be renewed as a paid subscription. PG cannot cancel
Your free-trial subscription if it has already been activated.
• Subscription is
automatically renewable for the same price and duration period as the
original subscription package chosen by You, unless You turn off it: in case of
an Apple App Store, at least 24-hours before the end of the current
subscription period, or (ii) in case of Google Play Store, at any time before
the end of the subscription period. Subscription Fee for renewal shall be taken
from Your Account within 24-hours prior to the end of the current subscription
period (Apple App Store), or at the end of the subscription period (Google Play
Store) at the cost of the chosen package. In case Subscription Fee cannot be
taken from Your Account due to absence of monetary funds, invalidity of credit
card or for any other reasons, Your Subscription is automatically cancelled.
• Once You have bought a
Subscription, You can manage it and switch off
automatic renewal at any time after the purchase in Your Account setting. If
Subscription has already been activated, You can
cancel the Subscription at any time and the cancellation will take effect after
the end of the last day of that subscription period.
• Except when required by
law, paid Subscription Fees are non-refundable.
• OneGame
in its sole discretion and at any time may modify the Subscription Fee. Any
Subscription Fee change will become effective at the end of the current
Subscription period. You will be provided a reasonable prior notice of any
change in Subscription Fee. If You do not take action to agree to the increase
in Subscription Fee, Your Subscription shall expire at the end of the current
Subscription period.