PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Service Agreement (“Agreement”) for Armorgames.com and Armor Games Studios (“Service,” “we,” “us,” or “our”), Internet websites owned and operated by ArmorGames, Inc, as well as the mobile and web games produced by Armor Games Studios. The Service includes a set of games (web and apps), a social network to discuss and share details about game usage and achievements, and a platform by which to find games produced by companies other than ArmorGames. This Agreement governs only the content, features, and activities related to this Service.
These terms and conditions regarding your use of the Service constitute a legally binding agreement between you and the Service and Armor Games Inc. In this Agreement, the term “Service” includes all websites, web pages, and apps within the Service as well as any equivalent, mirror, replacement, substitute or backup websites and web pages or apps that are associated with the Service. By using this Service, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services.
The words “use” and/or “using” in this Agreement mean any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Service, transmit, receive or exchange data or communicate with the Service, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Service, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content, sites, apps, or any links that may direct your browser or your connection to third party sites or apps. This is the entire and exclusive Agreement between you and us regarding use of the Service and it cannot be modified, except as specifically described below in Section 2.
1. REGISTRATION AND USE OF PASSWORD
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SERVICE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Service, including all Service software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Service, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of Armor Games, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Service” includes “Material” as well. The Service is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Service, including notices on any Material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or app), or otherwise use, any Material without the express prior written consent of Armor Games. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act quickly to remove content on the Service that infringes the copyright rights of others and will disable the access to the Service and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Service and to promptly end any infringement that might occur. If you believe that the Service contains elements that infringe your copyrights in your work, please contact us immediately.
We improve the experience of using our Service through customized ad experiences from our partners. Data collected from our Service or others may inform the ads across sites and apps (including this Service) for a more tailored internet experience. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Service. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
5. RULES OF CONDUCT
a.) Your use of the Service is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Service, or knowingly condone use of this Service by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may not appear to impersonate anyone else
- affect us adversely or reflect negatively on us, the Service, our goodwill, our employees or moderators, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”, or encourage other users to copy a message
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or app
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time-bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any website or app which promotes or teaches these actions
- create a false identity for the purpose of misleading others (including the creation of alternate accounts) or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason
- disrupt the normal flow of Communities (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users’ ability to participate in Communities
- contact anyone who has asked not to be contacted
- “stalk” or otherwise harass anyone
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Service, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or apps, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights of use and enjoyment of the Service by any other person, firm or enterprise
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Service, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
b.) In addition, if you choose to use the embedded link function, you agree not to embed a link on or within any illegal site or app, including but not limited to any site or app that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in Armor Games sole and absolute discretion. Armor Games reserves the right to disable embedded links at any time without notice.
c.) Users are permitted to create ONE alternate account for each multiplayer game with the sole intention to join a “group” or “clan” with that group or clan name as part of their username. However, these alternate user accounts are NOT permitted to post messages in the forums, on game pages, or on other user profile pages. Each alternate account you create MUST be linked in your primary account’s biography, and each alternate account’s biography must link back to your primary account name in its profile area. The alternate account profile must turn off profile comments so users may not leave messages on that account. Failure to comply can result in removal of messages, as well as temporary or permanent bans to the accounts in question, with or without notice, at the sole discretion of Armor Games. We reserve the right to limit each player to one alternate account per multiplayer game, and reserve the right to prohibit any user from creating alternate accounts.
6. LIMITED NON-COMMERCIAL LICENSE TO USE SERVICE
Armor Games hereby grants you the limited right to access, view and use the Service only for the purposes of accessing, viewing or playing content, posting or submitting User Material (as defined in the Armor Games User Submission Agreement), using the embedded link function, placing store orders or for accessing information, experiencing and contributing to our partners? targeted advertising, Applications (as defined herein) and services. By using our Services, you agree and consent to let us collect, use, and share any data necessary to provide you such services.
Armor Games reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Service. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Armor Games. Minors should seek consent of his or her legal guardian before using this Service. Unless you have received specific written permission from Armor Games, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Service; (b) alter or modify any content on the Service; or (c) deep link or gain unauthorized access to any portion of the Service. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Service for any commercial purpose.
7. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
Armor Games may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the
- The Applications that are made available to you are the copyrighted work of Armor Games. The use of each Application is governed by the end user license agreement (“EULA”) that accompanies or is included in the Application or is expressly stated on the Service accompanying the Application and this Agreement. In the event that no EULA accompanies the Application, then only this Agreement shall govern your use of the Application. You may not download or use any Application from the Service without agreeing to the EULA, if any, and this Agreement. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that Armor Games shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
- Armor Games may cease support of any Application at any time in its sole discretion or terminate your use of or access to any Application.
- Applications you use or download from the Service may contain third party digital rights management systems (“DRMS”) which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that Armor Games shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties.
8. VIRAL FEATURES
9. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, Armor Games, may conduct promotions through the Service, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
10. HYPERLINKS TO THIRD PARTY SERVICES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Service, Armor Games.
11. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Service, your account will remain active. If you wish to discontinue use of the Service, you should no longer log into your account.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY THIS SERVICE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Service, including, without limitation, Postings and Materials associated with your use of the Service.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SERVICE, ARMOR GAMES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENCORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY ARMOR GAMES ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT ARMOR GAMES OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON ARMOR GAMES; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO ARMOR GAMES. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SERVICE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT ARMOR GAMES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SERVICE.
You agree to indemnify, defend and hold the Service, Armor Games, and any of their respective officers, directors, employees, agents, representatives, licencors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
16. INTERNATIONAL USAGE
This Service is controlled and operated by Armor Games from its offices within Southern California, United States of America. Armor Games makes no representation that the Service, Applications, or related information offered by Armor Games are appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
18. CONTROLLER RELATIONSHIPS
Users of our API agree to our API Controller Addendum. Nothing in this agreement (including the Addendum) is intended to, or shall be deemed to, establish any joint controller relationship under the General Data Protection Regulation between the Armor Games and its partners, API users, SDKs, and sites or apps that we link to.
This Service is offered and made available only to users meeting the minimal legal age to provide their own consent (e.g., at least 13 years of age in the US and at least 13 to 16 years of age in the EU, depending on the country). If you do not meet the minimal legal age, please discontinue using the Service immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Service immediately. By using or attempting to use the Service, you certify that you are at least the minimum age and meet any other eligibility requirements of the Service. If you are found to be under the minimum age, your account may be terminated without notice, but it may be reinstated when you exceed the age by having your parents send us proof of your birthdate via our Contact page.
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to Armor Games by postal mail to: Armor Games, Inc.16808 Armstrong Ave, Suite #205, Irvine CA, 92606 or as to a successor address that Armor Games makes available on the Service or through other reasonable manner.
This Terms of Service Agreement was last modified on May 15, 2018. Copyright 2018 Armor Games Inc. – All Rights Reserved.