1. Introduction and Acceptance of Terms
1.1 Introduction: Welcome to Imago Games OÜ ("Imago Games", "we", "us", "our") mobile gaming platform. These Terms of Service ("Terms") govern your use of our mobile game ("the Game") and any associated services, features, and content provided by Imago Games.
1.2 Acceptance: By downloading, accessing, or playing the Game, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Game.
1.3 Updates: Imago Games reserves the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting the updated version on our platform. Your continued use of the Game after such changes will constitute your acceptance of such changes. It is your responsibility to regularly review the Terms for any updates.
2. Eligibility and Registration
2.1 Age Restrictions: The Game is intended for users who are at least 13 years of age. If you are under 13, you may not use the Game. By using the Game, you represent and warrant that you are of legal age to form a binding contract or, if not, you have obtained parental or guardian consent to enter into these Terms.
2.2 Account Creation: To access certain features of the Game, including multiplayer interactions and in-app purchases, you may be required to create an account ("User Account"). You must provide accurate, current, and complete information during the registration process.
2.3 Account Security: You are responsible for maintaining the confidentiality of your User Account login credentials and are entirely responsible for all activities that occur under your User Account. You agree to notify Imago Games immediately of any unauthorized access or use of your User Account or any other security breach.
2.4 Account Restrictions: Imago Games reserves the right, in its sole discretion, to refuse registration of, or cancel, any User Account. Accounts created by bots or automated methods are not allowed and will be terminated.
2.5 In-App Purchases: The Game may include virtual items or services available for purchase ("In-App Purchases"). All In-App Purchases are non-refundable, have no cash value, and are not redeemable for any sum of money or monetary value.
2.6 Multi-Player Features: The Game may offer multi-player features. You agree to behave respectfully to other users and not to post or transmit any unlawful, harmful, harassing, defamatory, or otherwise objectionable material of any kind. Violation may result in suspension or termination of your User Account.
3. Use of the Game
3.1 Acceptable Use: While using the Game, you agree not to:
- Engage in any activity that is harmful, fraudulent, deceptive, threatening, abusive, or otherwise objectionable.
- Attempt to bypass any measures used to prevent or restrict access to the Game.
- Use the Game for any unauthorized or illegal purpose.
- Copy, distribute, or disclose any part of the Game in any medium.
3.2 Game Modifications: Imago Games reserves the right to modify, update, or discontinue the Game at its sole discretion, at any time, for any or no reason, and without notice or liability.
3.3 Virtual Goods & Currencies: The Game may feature virtual goods and currencies. These are digital items only, with no real-world value, and cannot be exchanged for real money or physical goods. Imago Games has the right to manage, regulate, control, and/or modify the virtual goods and currencies as it sees fit, with or without notice.
3.4 In-App Purchases: Some in-game features, upgrades, or items can be acquired by spending real money or earned through gameplay. While In-App Purchases are generally non-refundable within the Game, refunds may be available through the provider of the platform from which you made the purchase, such as Google Play or Apple App Store, subject to their respective terms and conditions.
3.5 System Requirements: You acknowledge that you may need certain hardware, software, and internet access to play the Game. It's your responsibility to ensure you have the required elements, and we cannot guarantee that the Game will work on all devices or with all software.
3.6 Restrictions: You may not reverse engineer, decompile, or disassemble the Game or attempt to gain unauthorized access to any server on which the Game is hosted.
4. User Content
4.1 Ownership of Content: You retain all rights to the content, data, and other materials you upload, publish, or display (hereinafter, "post") on or through the Game ("User Content"). However, by posting User Content, you grant Imago Games a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your User Content for the purposes of operating and promoting the Game.
4.2 Rights Granted to Imago Games: By posting User Content, you grant Imago Games the right to review, delete, edit, limit, or block access to any of your User Content at our sole discretion.
4.3 Prohibited Content: You agree not to post User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or hateful.
- Promotes illegal activities or contributes to the creation of software viruses, worms, or other forms of malicious code.
- Violates the intellectual property rights of others.
- Contains harmful content, including without limitation, malware, Trojan horses, or viruses, or otherwise disrupts the user's access to the Game.
4.4 Responsibility for User Content: You, not Imago Games, are entirely responsible for all User Content that you upload, post, email, transmit, or otherwise make available via the Game. Imago Games does not control the User Content posted via the Game and does not guarantee the accuracy, quality, or integrity of such User Content.
5. Privacy Policy
5.1 Data Collection: We collect information you provide directly to us, such as when you create an account, participate in any interactive features of the Game, communicate with us, or otherwise interact with the Game.
5.2 Use of Data: We use the information we collect to operate, maintain, and provide you with the features and functionality of the Game, to communicate with you, and to support and maintain the safety and security of the Game.
5.3 Data Sharing: We do not sell, rent, or share your information with third-party organizations without your explicit consent, except as necessary to provide the Game's functionality or as required by law.
5.4 Data Storage: Your data is stored securely, and we implement measures designed to protect your information from unauthorized access, theft, and loss.
5.5 User Rights: You have the right to access, modify, or delete your personal data at any time. More detailed information on how to exercise these rights will be provided in the comprehensive Privacy Policy document.
5.6 Third-Party Services: The Game may contain links to third-party websites or services that are not owned or controlled by Imago Games. We are not responsible for the practices employed by those websites or the information they contain.
5.7 Changes to the Privacy Policy: We reserve the right to modify or update our Privacy Policy at any time. Any changes will be communicated to the users in a timely manner.
5.8 Full Privacy Policy: For a more detailed understanding of how we handle your data, please refer to our comprehensive Privacy Policy available here.
6. Termination and Suspension
6.1 Termination by You: You may terminate your account at any time by following the instructions within the Game or by contacting us directly.
6.2 Termination by Imago Games: Imago Games reserves the right to suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Imago Games determines that you have violated any provision of these Terms or that your conduct or content could harm Imago Games or other users or an affiliate.
6.3 Consequences of Termination: Upon termination, all rights, licenses, and permissions granted to you will immediately cease, and you acknowledge and agree that Imago Games may promptly delete or remove any User Content you have submitted.
6.4 Survival: Even after your use and participation are terminated, or your account is terminated, certain sections of these Terms will remain in effect, including sections related to ownership provisions, warranty disclaimers, and limitations of liability.
7. Disclaimer of Warranties and Limitation of Liability
7.1 Disclaimer of Warranties
Your use of the Game is at your sole risk. The Game is provided on an "AS IS" and "AS AVAILABLE" basis. Imago Games expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2 Limitation of Liability
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For Residents of the United States: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IMAGO GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GAME; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; OR (C) ANY OTHER MATTER RELATING TO THE GAME.
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For Residents Outside the United States: NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT IMAGO GAMES' LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ESTONIAN LAW OR YOUR LOCAL LAW. HOWEVER, IMAGO GAMES WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES, OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS, DATA, GOODWILL, OR OTHER SIMILAR LOSSES, AND ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE.
7.3 Limitation Period
No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
7.4 Essential Basis
The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law. The provisions of this section reflect the allocation of risks under these Terms. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.
8. Governing Law and Dispute Resolution
8.1 Governing Law:
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For Residents of the United States and Canada: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
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For Residents Outside the United States and Canada: These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law principles.
8.2 Informal Dispute Resolution: Before filing a claim against Imago Games, you agree to try to resolve the dispute informally by contacting us at gaussiangames@gmail.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Imago Games may bring a formal proceeding.
8.3 Formal Resolution:
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For Residents of the United States and Canada: Any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof shall be determined by arbitration either in San Francisco, California, USA or in the county or province where you reside. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
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For Residents Outside the United States and Canada: Any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof shall be determined by arbitration in Tallinn, Estonia. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
8.4 Online Dispute Resolution for EU Citizens: If you are an EU citizen, you may access the Online Dispute Resolution (ODR) platform provided by the European Commission. This platform allows EU consumers to resolve disputes related to online purchases without going to court. You can access the ODR platform here.
8.5 No Class Actions: You may only resolve disputes with Imago Games on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
8.6 Venue:
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For Residents of the United States and Canada: Any legal action or proceedings concerning our relationship with you or this Agreement shall be brought in the courts of the State of Delaware, or the court of competent jurisdiction within your province or county of residence, and you acknowledge that you are always subject to the jurisdiction of such courts.
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For Residents Outside the United States and Canada: Any legal action or proceedings concerning our relationship with you or this Agreement shall be brought in the courts of Tallinn, Estonia, and you acknowledge that you are always subject to the jurisdiction of such courts.
8.7 Time Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Game or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. General Provisions
9.1 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
9.2 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Imago Games' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
9.3 Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Imago Games on the Game, shall constitute the entire agreement between you and Imago Games concerning the Game.
9.4 Amendment: Imago Games reserves the right to modify or replace these Terms at any time. If a revision is material, Imago Games will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9.5 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Imago Games' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Imago Games may assign or transfer these Terms, at its sole discretion, without restriction.
9.6 Headings: The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
9.7 No Third-Party Beneficiaries: These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
9.8 Contact: For any questions about these Terms, please contact Imago Games at gaussiangames@gmail.com.