Terms of Service

TERMS OF USE

Effective: March 17, 2017

This Terms of Use is entered into between you and East Side Games (“ESG“), its subsidiaries and affiliates, (“ESG“) and applies to ESG games, websites and services on which it is placed (collectively, the “Services“).

Use of the Services is governed by these Terms of Use and a Privacy Policy detailing how ESG collects, uses and discloses your information. You must agree to the Terms of Use and Privacy Policy in order to use the Services.

By clicking the “I Agree” button or by using the Services, you are agreeing to be bound by the Terms of Use.

1. Updates

ESG reserves the right, in its sole discretion, to change the Terms of Use at any time. ESG shall notify you of updates to the Terms of Use through a Services message and to make updates available at http://www.eastsidegames.com/ You are deemed to have accepted any update by continuing to use the Services. Unless ESG states otherwise, updates to the Terms of Use are automatically effective 30 days after being posted on http://www.eastsidegames.com/

2. USE of the Services

2.1 Age Restrictions. In order to use the Services you must be at least the older of 13 years old and the age specified by the age rating standard applied in your territory to the Services you are attempting to use. You cannot use the Services if you are under the required age. By agreeing to the Terms of Use, you represent and warrant that you meet the minimum age to use the Services.

2.2 Access. Access to the Services may require hardware including, but not limited to, a computer or mobile device with a current operating system, web browser and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Services and to pay all fees incurred by you when accessing the Services through an Internet connection.

2.3 Account. Use of the Services may require you to register a user account with ESG directly or with a third party, such as Facebook, Google or Apple (each, an “Account“). You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your account are and shall be forever owned by and inure to the benefit of ESG.

2.4 Multiple Accounts. ESG forbids the use of multiple Accounts to access the Services. If you use more than one Account, ESG may terminate your access to the Services and report your conduct to applicable third parties, such as Facebook.

2.5 Username and Password. Registering an Account may require you to select a user name and password (“Login Information“). You are solely responsible for keeping your Login Information confidential. If you become aware, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of your Login Information. Any questions concerning unauthorized use of your Account may be emailed to ESG at support@eastsidegames.zendesk.com

2.6 Personal Information. Accessing the Services or registering an Account may require you to provide ESG with personal information that is collected, used and disclosed in accordance with ESG’s Privacy Policy. You agree to provide accurate and complete personal information to ESG and to update your information if it changes. The Privacy Policy is available at http://www.eastsidegames.com/privacy.html

2.7 Account Usage. You agree to be bound by any use of your Account, including charges and purchases and whether or not you authorized use of your Login Information. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are not refundable.

3. Grant of License, Subscription

3.1 License and Subscription. Except as otherwise provided in the Terms of Use, ESG grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, non-commercial, limited license, if you downloaded an ESG game, or subscription, if you accessed an ESG game through a web browser, to use the Services. You agree that no title or ownership interest in the Services is transferred or assigned to you and that the Terms of Use is not a sale of any right to the Services.

3.2 Streaming and Social Media License. Notwithstanding any terms to the contrary in section 4.1, ESG grants you a non-sublicensable, non-transferrable, revocable, non-commercial, limited license to publicly display the Services on online video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a GIF. ESG may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss incurred relating thereto.

3.3 User Content License. User content includes any information that you submit, transmit or upload while using the Services (“User Content“). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant ESG an exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. ESG reserves the right to review, edit, delete or block access to User Content without notice.

4. limitations on use of the services

4.1 Limitations. You agree that you will not use the Services in the following manner:

  • a. engage in conduct that ESG determines, in its sole discretion, to constitute improper use of the Services;
  • b. decompile, disassemble or reverse engineer the Services or otherwise attempt to derive the Services’ source code;
  • c. reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, distribute, sell, lease or remove/alter advertising in the Services;
  • d. cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or programs designed to change the Services experience;
  • e. knowingly exploit a flaw or bug in the Services;
  • f. break, attempt or otherwise assist with the disruption of any computer used to support the Services or experience of another user;
  • g. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Services or the computers of other users;
  • h. utilize the Services or any part thereof for commercial purposes;
  • i. promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Services;
  • j. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
  • k. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
  • l. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
  • m. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
  • n. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
  • o. collect or attempt to obtain other users’ data, whether personal or anonymous;
  • p. impersonate another person or an employee of ESG; or
  • q. advertise products or services, including Facebook applications.

5. Termination

5.1 Suspension and Termination. ESG may suspend or terminate your Account and access to the Services at any time for any reason including, but not limited to, your violation of the Terms of Use or Privacy Policy, as determined in its sole discretion. Whether a suspension will be lifted is at the sole decision of ESG. You may terminate your Account and access to the Services at any time by ceasing to use the Services and deleting any ESG game you have installed.

5.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that ESG shall cease to provide you access to the Services and delete your Account and data associated with your use of the Services, including purchases you have made. You acknowledge and agree that you are not entitled to a refund or other compensation of any kind as a result of suspension or termination, regardless of whether effected by you or ESG, and that ESG shall not be liable to you or any third party for such suspension or termination and any related loss related thereto.

6. Digital Items, Prizes

6.1 Digital Items. The Services may include virtual in-game currency and/or items (together, “Digital Items“), which may be earned by users or purchased from ESG for real world money, where permitted by law. Digital Items available to you and the price of Digital Items may be altered by ESG at any time, without notice. Upon acquiring Digital Items, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to use such Digital Items only in conjunction with the Services for which such Digital Items were acquired. Any Digital Items purchase is final and non-refundable. The determination of Digital Items to credit or debit to you shall be determined by ESG in its sole discretion. All Digital Items remain the property of ESG.

6.2 Prizes. ESG may provide users the opportunity to receive random, Digital Item prizes, which vary in size and value. Due to the randomization of Digital Item prizes, you may not receive the Digital Item you desire. ESG reserves the right to refuse to award, and to revoke, any prize, in its sole discretion.

6.3 Resale. Digital Items may only be sold or traded by you for other Digital Items within the Services via forms accessible within the Services, although ESG is under no obligation to fulfill any such sale or trade of Digital Items. Digital Items cannot be resold online, outside of the Services, in the real world or traded for non-virtual (tangible) goods or services. You agree that resale or attempted resale of Digital Items in violation of this section 6.3 will result in ESG terminating your access to the Services and all Accounts related to the resale or attempted resale and voiding related Digital Items.

6.4 Forfeit or Eliminated Digital Items. If ESG terminates your Account and/or access to the Services or ceases to offer the Services you agree that you forfeit all Digital Items associated with your Account and use of the Services. Further, ESG shall, in its sole discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Services, for which you will not be compensated under any circumstances regardless of whether or not you are able to access the Services. ESG is not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension of the Services, technical issues or as a result of a third party.

7. Software Updates

On one or more occasions ESG may patch, update or modify the Services (each, an “Update“), which may require you to install such Update to continue using the Services. Updates may modify the Terms of Use, gameplay mechanics or other aspects to the Services. Failing to install an Update may result in an inability to use the Services, for which you shall not be entitled to a refund or compensation of any kind.

8. Third Party Software

The Services may incorporate services provided by third parties, including but not limited to third party accounts or advertisements. The Terms of Use does not grant you any license, right, title or other interest in third party services, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third party agreement.

9. ESG OWNERSHIP RIGHTS

All right, title and interest in and to the Services including, but not limited to, copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, catch phrases, concepts, character inventions, character likenesses, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel and methods of operation are owned by ESG. ESG reserves all rights in the Services.

10. Notice to EU Users

If you are a resident of the EU, you hereby agree that, by purchasing Digital Items, you want such Digital Items credited to your Account immediately and, as a result, you are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights Directive (2011/83/EU) and national implementations.

11. Copyright Infringement

If you are a U.S. copyright owner, ESG will respond to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA“). You must provide the following information in writing in your DMCA notice:

  • a. identify the copyrighted work that you claim has been infringed;
  • b. identify the material claimed to be infringing and where it is located;
  • c. provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;
  • d. provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
  • e. provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and
  • f. provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

ESG may provide you notice if your communication, post, submission or upload was removed as a result of ESG receiving a DMCA notice from a copyright owner. If you receive notice from ESG, you may provide a counter-notification in writing to ESG’s designated DMCA agent through the means provided below.

DMCA notices can be sent to ESG by emailing support@eastsidegames.zendesk.com or by mail:

East Side Games
200-116 West Hastings Street
Vancouver, BC V6B 1G8
CANADA

12. Disclaimer and Limitation of Liability

12.1 Disclaimer. THE SERVICEs are provided “AS IS” and ESG DISCLAIMS ANY AND ALL WARRANTIES and conditions, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITy, FITNESS FOR A PARTICULAR PURPOSE and non-infringement of third party rights, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, ESG MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF The Services WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, ESG MAKES NO REPRESENTATIONS OR WARRANTIES THAT The Services WILL MEET YOUR REQUIREMENTS, are appropriate for your needs or THAT OPERATION WILL BE UNINTERRUPTED, continuously available, free of viruses, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE.

12.2 Limitation of Liability. ESG, its directors, officers, agents, partners and licensors shall not be liable to you for any loss or damage of any kind arising out of or relating to the Services or third party services or products including, without limitation, consequential, incidental or special damages, EVEN IF ESG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. This limitation applies to any cause of action or claims in the aggregate, whether in an equitable, legal or common law action and including, without limitation, breach of contract, warranty or indemnity, negligence, strict liability and other torts. IF you are dissatisfied with the services or any part thereof, such as digital items, your sole remedy is to stop using the services. Notwithstanding the foregoing, nothing in the Terms of Use shall limit ESG’s liability in a manner not permitted by applicable law

12.3 ESG’S AGGREGATE LIABILITY. Please note that some jurisdictions do not allow the disclaimer of certain terms or warranties oR exclusion of liability for certain damages and, If any disclaimer or limitation of liability is found unenforceable, void or does not fully shield ESG from liability, you agree that ESG’s maximum aggregate liability to you whatsoever will be the least among (a) THE MINIMUM PERMITTED UNDER APPLICABLE LAW; (B) The amount you paid to ESG in the 12 months immediately preceding the date of the harm in question; and (C) $100 (CAD). However, if you paid nothing to ESG during the 12 months immediately preceding the date of the harm in question, your sole remedy, and ESG’s aggregate liability, is for you to terminate use of the Services.

13. Indemnity

You shall indemnify, defend and hold ESG, its directors, officers, employees, agents, contractors and partners harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorneys’ fees, that arise from your use of the Services or associated third party services. You cannot settle any claim without ESG’s advance written consent unless such claim releases ESG unconditionally. ESG reserves the right to, at its expense, assume control of the claim.

14. GENERAL

14.1 Governing law. The Terms of Use are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.

14.2 Severability. To the extent any section, clause, provision or sentence or part thereof of the Terms of Use is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the Terms of Use given full force and effect.

14.3 No Waiver. ESG’s failure to assert or enforce any right contained in the Terms of Use shall not constitute a waiver of that right.

14.4 Survival. Sections 3.3, 9, 12, 13 and 14 survive termination of the Terms of Use.

14.5 Entire Agreement. The Terms of Use constitutes the entire agreement between you and ESG with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.

14.5 Contact. You may contact ESG regarding this Terms of Use by emailing support@eastsidegames.zendesk.com or by mail:

East Side Games
Attn: Legal
200-116 W Hastings St.
Vancouver, BC V6B 1G8
CANADA