Last Updated: August 17th, 2020.
Please read these Terms and Conditions ("Terms", "Terms and Conditions", "Terms of Service") carefully before using the www.thegameofthings.com website (the "Service") operated by Quinn & Sherry Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
USE OF APPLICATION
- Quinn & Sherry Inc. (“The Company”) grants the player (“you”) a non-exclusive, non-transferable, limited right to use the game THINGS … (“the Game”) solely and exclusively for your personal use.
- You may not use the Game in any manner that could damage, disable, overburden, or impair the Game (or servers or networks connected to the Game), nor may you use the Game in any manner that could interfere with any other party’s use and enjoyment of the Game (or servers or networks connected to the Game).
- You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third party for) your use of the Game, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.
PROPRIETARY RIGHTS
You acknowledge that (a) the Game contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) The Company and/or third parties own all right, title and interest in and to the Game and content, including content provided by you, that may be presented or accessed through the Game, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Game or content that may be presented or accessed through the Game for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Game, (iii) use the Game to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter The Company’s or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Game.
THE COMPANY PRIVACY POLICY
The Company’s Privacy Policy explains how The Company treats your information and protects your privacy when you use the Game. You agree to the use of your data in accordance with The Company’s Privacy Policy.
RESTRICTIONS
You may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, 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 terms governing use of any open-sourced components included with the Game).
CONSENT TO USE OF DATA
You agree that The Company 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 Game. The Company 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.
INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Game, including your violation of this Agreement.
NO WARRANTY
You expressly acknowledge and agree that the use of the game is at your sole risk. To the maximum extent permitted by applicable law, the game and any services performed or provided by the game are provided "As is" and “as available,” with all faults and without warranty of any kind, and the company hereby disclaims all warranties and conditions with respect to the game 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 non-infringement of third-party rights. No oral or written information or advice given by the company or its authorized representative shall create a warranty. Should the game 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. All claims for maintenance and support, and in respect of any Warranty or product claim matter, shall be communicated directly to The Company, at the following email address: support@thegameofthings.com
LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event shall the company 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 game, however, caused, regardless of the theory of liability (contract, tort, or otherwise) and even if the company 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 The Company’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.
LEGAL
This Agreement shall be governed by the laws of Canada, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Canada, to resolve any dispute or claim arising from this Agreement.
MISCELLANEOUS
- The failure of The Company to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision, which will still be available to The Company.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Agreement without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms of Use will continue to be valid and enforceable.
- The rights granted in this Agreement may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms of Use without the prior written approval of the other party.
