TERMS AND CONDITIONS OF USE
Please read these Terms carefully before you start using the Services. By using the Services, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not use the Services.
1. Changes to the Terms of ServiceWe may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
2. Your AccountTo access to the Game and certain Services, you will be asked to provide an account and a password.
You are responsible for the confidentiality of your login and password and for the security of your computer system. Odisi Inc. is not responsible for the use of your password and account or for all of the communication and activity that results from use of your login name and password by you, by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Odisi Inc. is not responsible for the use of your account by a person who fraudulently used your login and password without your permission-
[3. Multiplayer Play.This software contains features that allow you to play the software with other players over a network or the Internet (“Multiplayer Play”). By using such features or otherwise engaging in Multiplayer Play, you agree that Odisi Inc. or its affiliates may generate, store and transmit certain information that identifies your computer to other computers for purposes of Multiplayer Play. You also agree that the software may continue to generate, store and transmit such Game information as necessary while engaged in Multiplayer Play. You agree that Multiplayer Play is not supervised or otherwise under the control of Odisi Inc. or its affiliates. You acknowledge and agree that Odisi Inc. or its affiliates have no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or other information or data you may create, encounter or receive, including chat, while you are engaged in Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or operate error free, and that Multiplayer Play may be discontinued by Odisi Inc. or its affiliates at any time without notice to you.]
4. Intellectual Property RightsThe ownership and copyright of any Intellectual Property Rights (as defined below) and/or the Services, including all content, features, and functionality thereof, are owned by Odisi Inc., and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
You are entitled to use the Services for your personal, non-commercial use only. You must not modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services and you shall not copy, reproduce or transfer any Intellectual Property Rights.
“Intellectual Property Rights” shall mean, in respect of Odisi Inc., its affiliates, the Game or the Services, any patents, patent applications, patent rights, trademarks, trademark registrations, trademark applications, service marks, business marks, trade names, brand names, all other names and slogans embodying a business activity or goodwill (or both), copyright registrations, copyrights (including those in computer programs, software, including all source code and object code, development documentation, programming tools, drawings, specifications and data), designs, logos, trade secrets, know-how, protection works, industrial designs, formulae, processes and technical information, including confidential and proprietary information, and any rights under licenses to any of the foregoing, whether or not subject to statutory registration or protection.
The obligations of this Section shall survive the termination of this Agreement.
5. LicenseOdisi Inc. hereby grants, and you accept, a non-exclusive license and right, to use the content and Services for your personal, non-commercial entertainment use.This license commences on the date you accept these Terms and install or otherwise use our Services. This license ends upon termination of (a) this Agreement or (b) your disposal of the Services. Your license confers no title or ownership in the Game or Services.
Including but not limiting, you may not:
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation,
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation,
• publish the software for others to copy,
• rent, lease or lend it, or
• use it for commercial purposes.
For reasons that include, without limitation, system security, stability, and multiplayer interoperability, Odisi Inc. may need to automatically update, pre-load, create new versions of or otherwise enhance the Game and Services and accordingly, the system requirements to use the Game and Services may change over time. You consent to such automatic updating. You understand that this Agreement does not entitle you to future updates, new versions or other enhancements of the Game and Services associated with a particular Subscription, although Odisi Inc. may choose to provide such updates, etc. in its sole discretion.
6. E-Sports RestrictionsFor the avoidance of doubt, the use of the Game or the Services in E-sports platforms, tournaments, commercial exhibitions, public places or meetings, shows, competitive events or similar uses, without the prior written consent of Odisi Inc. is prohibited
[7. User Generated Content"User Generated Content" means any content you make available to other users through your use of multi-user features of Odisi Inc. or its affiliates through your use of the Game and Services or otherwise.
When you upload your content to Odisi Inc. to make it available to other users, you grant Odisi Inc. and its affiliates the worldwide, non-exclusive, right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works of your User Generated Content, for the purpose of the operation, distribution and promotion of the Game or the Services.,
You represent and warrant to us that you have sufficient rights in all User Generated Content to grant Odisi Inc. the following including, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the User Generated Content. You furthermore represent and warrant that the User Generated Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.]
8. Prohibited UsesYou may use the Game and the Services only for lawful purposes and in accordance with these Terms. You agree not to access or use the Game and Services for any purpose that is illegal or beyond the scope of the Game and Services’ intended use (in Odisi Inc. sole judgment). You shall comply with the Online Use policy
9. Disclaimer of Liability and WarrantiesYou expressly understand and agree that your use of the Services are at your sole risk and the Services are provided on an “AS IS” and “AS AVAILABLE” basis. Odisi Inc. and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim 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. In particular, Odisi Inc. and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no representation or warranty that (i) the Services will meet your requirements; (ii) the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, are free of viruses or other harmful components; (iii) any information obtained by you as a result of the use of the Services will be accurate or reliable; and (iv) any defects or errors in the software provided to you as a part of the Services will be corrected.
Any material transmitted, stored, accessed or otherwise maintained through the use of the Services is at your own discretion and risk, and you will be solely responsible for any damage to your devices or loss or corruption of data that results from any such use of the Services. You further acknowledge that the Services are not intended or suitable for use in situations or environments where the failure or time delays, or errors or inaccuracies in, the content, data or information provided by the Services could lead to personal injury, or severe physical or environmental damage. No advice information, whether oral or written, obtained by you from Odisi Inc. or through from the use of the Services shall create any warranty not expressly stated in the Terms.
10. Limitation of LiabilityTo the full extent permitted by law, Odisi Inc. will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this Agreement. Odisi Inc.’s aggregate liability arising out of or in connection with this Agreement will not exceed the total amounts you have paid (if any) to Odisi Inc. for the Game.
11. IndemnityYou agree to defend, indemnify, and hold harmless Odisi Inc., its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your user contributions or violation of these Terms.
You hereby release, Odisi Inc. and affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers, from and against any losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the use of the Services
The obligations of this Section shall survive the termination of this Agreement.
12. Not Support and MaintenanceOdisi Inc. is not obligated to provide you with any maintenance, technical or other support.
We use our own servers and internal and third-party technologies to collect information about the Services and their use. This information may include technical and related information about your devices and software, information about your gameplay and use statistics.
You acknowledge and agree that Odisi Inc. may access, use, preserve and/or disclose your account information and content, the information of your use of the Services, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Odisi Inc. its users or the public as required or permitted by law. You consent and agree that Odisi Inc. may process, collect, store and transfer your information to any jurisdiction outside your country, and to its affiliates, or any third party for the purposes of the Game, or for marketing, data outsourcing, storage or development.
14. No AssignmentThis Agreement is personal to you. You shall not assign or otherwise transfer any rights or obligations under this Agreement.
15. MiscellaneousNo waiver of these Terms by Odisi Inc. shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Odisi Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
You acknowledge and agree that a breach or threatened breach of these Terms will cause irreparable injury that money damages would be an inadequate remedy and that Odisi Inc. shall be entitled to ex parte injunctive relief without bond, to restrain you, from such breach or threatened breach. Nothing in this Section shall be construed as preventing Odisi Inc. from pursuing any and all remedies available to it, including the recovery of money damages from you.
This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties.
16. Governing LawAny rights, obligations, disputes or claims arising out of or related to these Terms shall be governed by the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. You hereby submit to the jurisdiction of the competent courts of the State of New York for any claims or disputes related to these Terms.
17. No Class ActionsYou agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Services at the terms designated, and that your assent is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
ONLINE USE POLICY
ONLINE CONDUCT, CHEATING AND ILLEGAL BEHAVIORYour online conduct and interaction with other Users should be guided by common sense and basic etiquette. As a User you agree to comply the following conducts, including without limitation:
You will not:
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Defame, abuse, harass, stalk, threaten or otherwise violate de legal rights (including the rights of privacy and publicity) of others.
• Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or message.
• Promote or engage in discrimination, bigotry, racism, hated or harassment against any individual or group.
• Use any software or hardware processes or functionality that may give you or another user an unfair competitive advantage when playing multiplayer versions of the Game or the Services or modification of the Game and Services (“Cheats”).
• Directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to prevent or report the use of Cheats.
• Use Cheats, automation software (bots), mods, hacks, or any other unauthorized third-party software, to modify or automate any Subscription Marketplace process.
• Violate any applicable laws or regulations.