Terms Of Service
AGREEMENT OF TERMS AND CONDITIONS FOR OUR PRODUCTS
YOU MUST READ THIS AGREEMENT CAREFULLY - IT IS A BINDING AGREEMENT
THAT AFFECTS YOUR RIGHTS AND OBLIGATIONS.
This agreement of the terms and conditions (the “Agreement”) that
apply to all online sales of a license by Miscrits (“the Company”) to
use of the “Product” (Product means: (a) any and all video game(s) and
related software code (b) the documentation, instruction manuals, and
user manuals associated with the software; (c) audio and visual
characteristics, screen images, plot, characters, “look and feel,” and
all of the other distinctive art and design features and
characteristics of the game(s) and related software code; and/or (d)
all other intellectual property of any nature or kind and all rights
associated therewith, including without limitation, all rights of
copyright, patent, trade secret, trademark, service mark, trade dress,
artistic and moral rights, mask rights, character rights, publicity
rights, and any and all other proprietary rights of any kind
whatsoever relating to or associated with any and all video game(s)
and related software code or any other item sold via the internet
and/or any updates or upgrades to the Product) to third parties (all
purchasers/users of the Product shall be referred to as “you” herein
and all terms in reference thereto shall be a reference to such
persons.).
By using the Product, you represent that (1) you are age 13 or older,
(2) you understand and agree to these Terms of Service, and (3) if you
are between the ages of 13 and 18, your legal guardian has reviewed
and agrees to these Terms of Service.
This is a legally binding agreement between you and Company. You
acquire the limited license to personally use the Product by paying
for the license to use the Product and by your agreement to be bound
by this Agreement. If you fail to abide by the terms of this Agreement
you will immediately return all such Product and delete all related
software. The license is effective as of the time that you download
the Product and shall terminate on your breach of this agreement. The
license is limited to you personally and you may only use the Product
for the purpose for which it was intended, to be played as a video
game. If you buy more than one Product, each Product will be bound by
this Agreement or the agreement in place at that time and any change
to any term of this Agreement shall be effective as of the date of
such change on both parties. You can't change this Agreement in manner
or form. Any changes can only be made by Company in writing and such
changes will not materially affect your rights or obligations.
Company reserves the right, at its discretion, to change, modify, add
or remove portions of these Terms of Service and its Privacy Policy at
any time by posting the amended terms on its website at
widetrail.space. You will be deemed to have accepted such changes by
continuing to use the Product. Except as otherwise expressly stated,
all amended terms shall automatically be effective immediately when
posted.
If at any point you do not agree to any portion of the then current
version of the Terms of Service, the Privacy Policy, or any other
Company policy or rules relating to the Product, your license to use
the Product shall immediately terminate, and you must immediately stop
using the Product.
USE OF PRODUCT
You agree that although you acquire a license from Company to
personally make use of the Product, Company is the sole owner of the
Product and you will abide by this agreement. You may make one backup
or archival copy of the Product and, if you do make such a copy, you
will include all information with such copy, including this agreement.
You will not share, transfer or otherwise deal with the Product in any
way. Without limiting the foregoing, you will not engineer,
disassemble, modify, reverse engineer, modify or alter the Product in
any manner or permit others to do same. You will not loan, rent, lease
or otherwise transfer any part of the license or the Product to any
party.
The following restrictions and rules apply to your use of the Product.
As a condition of your use of the Product, and without limiting your
other obligations under these Terms of Service, you agree to comply
with the restrictions and rules set forth in this section as well as
any additional restrictions or rules (such as application specific
rules) set forth in the Product itself.
· You agree not to:Interfere with or disrupt the Product or servers or
networks connected to the Product, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Product;
· Interfere with, disrupt or circumvent any security feature of the
Product or any feature that restricts or enforces limitations on use
of or access to the Product;
-
Use the Product to intentionally or unintentionally violate any applicable local, state, national or international law;
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Use the Product to harm minors in any way;
-
Use the Product to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
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Defraud or mislead Company or other users;
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Impersonate any person or entity or falsely state or otherwise misinterpret your affiliation with a person or entity;
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Cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Company experience to the detriment of fair play.
You also agree to comply with all applicable laws and other rules
regarding online conduct and applicable User Content, and you agree to
comply with all applicable laws or other rules regarding the
transmission of technical data exported from Canada or the country in
which you reside.
In addition, you agree not to use the Product or any portion of the
Product to commit actions that Company considers, in its sole
discretion, to be detrimental in any way to the Product or to any
user's enjoyment of the Product.
Company reserves the right to determine what conduct it considers to
be in violation of the rules of use or otherwise outside of the spirit
of these Terms of Service or the Product itself and to take action as
a result, which may include exclusion from further participation in
the Product.
You are responsible for any fees, including data, access, and usage
fees charged by an internet provider or mobile carrier, that you incur
when accessing the Product.
PAYMENT & WARRANTY
You will promptly pay all amounts charged to you by Company for the license and shall not dispute any such payment for any reason other than that the Product is not (within seven days of the date of license) performing as intended by Company; and any such claim will only be made after Company has been given the opportunity to address any such issue. ALL CLAIMS FOR THE REFUND OF PAYMENT SHALL BE MADE WITHIN SEVEN DAYS OF THE DATE OF YOU ACQUIRING THE LICENSE. YOU AGREE THAT ALL SALES ARE FINAL AND NON-REFUNDABLE, UNLESS COMPANY OR THE APPLICABLE THIRD PARTY PLATFORM DECIDES IN ITS SOLE AND ABSOLUTE DISCRETION TO PROVIDE A REFUND WITHIN THE SEVEN DAY PERIOD. AFTER SEVEN DAYS FROM THE DATE YOU ACQUIRE THE LICENSE, YOU WILL NOT BE ENTITLED TO A REFUND BUT COMPANY SHALL CONTINUE TO PROVIDE ASSISTANCE AND SUPPORT THROUGH ITS CUSTOMER SUPPORT SERVICE CENTRE.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Product may include virtual currency, such as coins, gems, tokens
or similar items that may be earned or obtained through the Product or
otherwise purchased by you for legal tender or actual currency,
subject to applicable law (“Virtual Currency”). The Product may also
include virtual digital items such as commodities, abilities or other
goods that may be earned or obtained through the Product or otherwise
purchased by you for legal tender or actual currency, or for Virtual
Currency, subject to applicable law (“Virtual Goods”). Company
reserves the absolute right, at any time and at its sole discretion,
to manage, regulate, control, modify or eliminate Virtual Currency
and/or Virtual Goods. Company shall have no liability to you or any
third party in the event that Company exercises any such rights. You
have no right, title or interest in or to any such Virtual Goods or
Virtual Currency appearing or originating in the Product except the
following: You will have a limited, personal, nontransferable,
non-sublicensable, revocable license to use, solely within the
Product, Virtual Goods and Virtual Currency that you have earned,
purchased or otherwise obtained in a manner authorized by Company.
You agree that the transfer of Virtual Currency and Virtual Goods is
prohibited except where expressly authorized by the Product. Also,
outside of the Product, you shall not sell, redeem or otherwise
transfer the Virtual Currency or Virtual Goods to Company, any other
user of the Product or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are
final and non-refundable unless Company or the applicable third party
platform decides in its sole and absolute discretion to provide a
refund. You agree that in the event that these Terms of Service, your
license, or the Product is terminated for any reason, which may
include without limitation, Company's discontinuance for any reason of
the applicable portion of the Product, you will forfeit all Virtual
Currency and Virtual Goods and Company will have no liability to you
in connection with that forfeiture.
USER CONTENT
The Product may invite or enable you and other users to create,
submit, record, post, display, transmit, perform, publish or
distribute communications (including but not limited to voice
communications), content and materials (including without limitation
text, writings, photographics, graphics, images, comments, personally
identifiable information, etc.), including by making the foregoing
available to Company and other users of the Product, whether via email
or through online forums, message boards, messaging services, blogs,
or other functionality of the Product or portions thereof
(collectively, the “User Content”). Company has no obligation to
accept, display, review, maintain or otherwise exploit any User
Content.
You understand that all User Content available in connection with the
Product is the sole responsibility of the person from whom such User
Content originated. Company has no obligation to pre-screen, review,
examine, evaluate or otherwise monitor any User Content for accuracy,
validity, legality, decency, integrity or any other quality. Company
makes no, and hereby disclaims any and all, warranties or other
guarantees with respect to User Content. You understand that the use
of the Product is at your own risk and that by using the Product, you
may be exposed to User Content that is indecent, offensive,
objectionable or that does not otherwise meet your needs. You bear all
risks associated with the use of any User Content available in
connection with the Product. Company shall not be liable in any way
for any User Content made available via the Product, including, but
not limited to, any errors or omissions in any such User Content, or
any loss or damage of any kind incurred as a result of the use of such
User Content.
Notwithstanding the foregoing, Company reserves the right in its sole
discretion to pre-screen, review, monitor, refuse, remove from the
Product, censor, edit, alter, delete, disable access to or otherwise
make unavailable any User Content (including without limitation any
content generated by you) without notice for any reason, including
without limitation the violation of these Terms of Service, or for no
reason, at any time. You may bring User Content you believe violates
the Terns of Service or other inappropriate behaviour to Company's
attention.
User Content that you make available in connection with the Product is
herein referred to as “Your Content”. You agree that Your Content is
not confidential. You further agree that Your Content will not be
returned to you. You represent and warrant that Your Convent is
original to you and that you exclusively own the rights to Your
Content, including the right to grant all of the rights and licenses
in these Terms of Service without Company incurring any third party
obligations or liability arising out of its exercise of such rights
and licenses. Company does not claim any ownership rights in Your
Content and nothing in these Terms of Service will be deemed to
restrict any rights that you may have to use and exploit Your Content.
Company has no obligation to monitor or enforce your intellectual
property rights in or to Your Content.
You hereby grant to Company a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free license, (with the right to
sub-license), to use, copy, adapt, modify, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream,
broadcast and otherwise exploit for any purpose Your Content via the
Product or any other means. You also hereby grant to Company the right
to sublicense and authorize others to exercise any of the rights
granted to Company under these Terms of Service. You further hereby
irrevocably grant to Company the unconditional right to use and
exploit your name, voice, persona and likeness included in any User
Content and in connection with any User Content, without any
obligation to you. Except as prohibited by law, you waive any rights
of attribution and/or any moral rights you may have in Your Content,
regardless of whether Your Content is altered or changed in a manner
not agreeable to you.
COMPANY REPRESENTATIONS
YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK
AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR
SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS,
THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS
(COLLECTIVELY THE “COMPANY PARTIES”) WARRANT THAT (A) THE PRODUCT WILL
MEET YOUR REQUIREMENTS OR THAT THE PRODUCT MATERIALS OR USER CONTENT
WILL BE VIEWABLE TO YOU OR (B) THE PRODUCT WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY
PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING
OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE
PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR
MORE THAN THE AMOUNT YOU HAVE PAID TO COMPANY IN ACCORDANCE WITH THESE
TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE
DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND
AGREE THAT IF YOU HAVE NOT PAID COMPANY ANY SUCH AMOUNTS IN THE NINETY
(90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY
SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
COMPANY IS TO STOP USING THE PRODUCT.
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for certain types of damages.
Accordingly, some of the above limitations and disclaimers may not
apply to you. To the extent that Company or the Company Parties may
not, as a matter of applicable law, disclaim any warranty or limit its
liability as set forth herein, the scope and duration of such warranty
and the extent of Company's and such Company Parties liability shall
be the minimum permitted under the applicable law.
TERMINATION
Company may terminate these Terms of Service and your access to the
Product (or, at Company's sole discretion, applicable portions of the
Product) at any time and for any reason. In addition, Company may
notify authorities or take any actions it deems appropriate (including
without limitation your access to the Product), without notice to you
if Company suspects or determines that you have (i) failed to comply
with any provision of these Terms of Service or any policies or rules
established by Company; or 9ii) engaged in actions relating to or in
the course of using the Product that may be illegal or cause
liability, harm, embarrassment, harassment, abuse or disruption for
you, Company, any third parties or the Product itself.
You may, as the result of the termination, lose any and all data and
information associated with your use of the Product, including without
limitation your user names, avatars, characters and achievements,
Virtual Currency and Virtual Goods. You will not be entitled to and
Company will not be liable to you or any third party for any refund,
reimbursement or other liability as a result of any termination
permitted under these Terms of Service for any reason, whether by you
or Company. Company reserves the right to refuse to provide the
Product to any individual.
These Terms of Service remain effective until terminated. You agree
that these Terms of Service shall survive the termination of these
Terms of Service or the Product.
DISPUTES WITH OTHERS
Company reserves the right, but has no obligation, to monitor and
manage disputes between you and other users of the Product. You are
solely responsible for your interaction with other users of the
Product and other parties that you come in contact with through the
Product. You will cooperate fully with Company to investigate any
suspected unlawful, fraudulent or improper activity.
Company hereby disclaims any and all liability to you or any third
party relating to any dispute between you and other users of the
Product.
THIRD PARTY WEBSITES
The Product may contain links to third party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Company may remove any links at any time for any reason or for no reason.
GOVERNING LAW
This Agreement shall be governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of New Brunswick.
SUCCESSORS IN INTEREST
The provisions of this Agreement shall be binding upon and inure to
the benefit of the parties and, as applicable, their heirs, agents,
successors, administrators and assigns. You may not assign this
Agreement without written approval from Company in advance which may
be unreasonably withheld. Company may assign this Agreement to any
party which agrees to be bound by the agreement. Company will be
released from any liability if it assigns the Agreement and all rights
and obligations thereunder to a party who assumes same.
WAIVER
The waiver of any provision or the breach of any provision of this
Agreement shall not be effective unless made in writing. Any waiver by
Company of any provision or the breach of any provision of this
Agreement shall not operate as or be construed to be a continuing
waiver of the provision or the breach of the provision.
SEVERABILITY
In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding between the parties with respect to the subject matter here.