TERMS OF SERVICE
DOUBLE U GAMES, LLC
IMPORTANT: READ CAREFULLY
This Terms of Service Agreement (the “Agreement”) is a binding legal agreement between you (“you,” “your,” or “yours”), and Double U Games, LLC (“Double U Games,” “we,” “our,” or “us”). This Agreement governs your access and use of the Double U Games products, services, website, and mobile applications (each a “Service” and collectively the “Services”). All users of Double U Games Services must agree to the terms and conditions (the “Terms”) set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR USE OF AND ACCESS OF THE DOUBLE U GAMES SERVICES ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU ARE NOT AUTHORIZED TO USE OR OTHERWISE ACCESS THE SERVICES PROVIDED BY DOUBLE U GAMES.
These Terms were last updated on March 28, 2022.
- Service Delivery and Acceptance
Subject to your agreement to be bound by all Terms of this Agreement, including any terms and conditions for payment or otherwise relating to any licensed Services as specified on the Website or Apps from time to time, Double U Games authorizes you to use and access the Services.
- Fees and Payments
By purchasing any products or services through the Double U Games Website or Apps, you agree to pay the fees indicated at the time of purchase. All payments are due at the time of purchase as indicated when making a purchase through the Double U Games Website or Apps.
- License Terms and Conditions
Subject to all Terms of this Agreement, Double U Games hereby grants you a nonexclusive, personal, non-transferable, non-assignable, limited license to use and access the Services, subject to the applicable terms and conditions, including timely payment of any applicable fees. Any content that is licensed to you as part of the Double U Games Services is solely licensed to you, not sold, and Double U Games reserves the right to revoke such license at any time and disable your ability to use the Website or Apps for any reason or for no reason.
- Proprietary Rights
The Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Services not expressly licensed under this Agreement are reserved to Double U Games. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Services except as expressly authorized in this Agreement.
- General Usage of the Services
- 6.1 Overview
Using the Double U Games Services may require the creation of a user account. It is your responsibility to use and maintain your account for any Double U Games Services. Double U Games reserves the right to change the Services it offers or update its pricing at any time.
- 6.2 Description of Service; Disclaimer
Double U Games provides access to its Services through a platform consisting of the Website, Apps, and any associated proprietary software. The Services include any Double U Games Website, Apps, and the products and services available for purchase through the Website or Apps. You are responsible for ensuring your use of the Services is in accordance with all applicable laws, regulations and other government requirements. The Services may also provide information and links related to other third-party products and services.
Double U Games makes no representations or warranties regarding (a) the accuracy, processing, handling or authenticity of any data processed or output by the Services; (b) non-infringement of any third-party copyright or other intellectual property rights relating to any portion of the Services; (c) the advisability or safety of accessing the Services; or (d) the Services. Double U Games does not endorse any users of the Services and assumes no liability for any user’s conduct.
- Third Party Content
Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever except to use the Services for their intended purposes.
- User Representations and Warranties
By creating a user account or otherwise using any portion of the Services, you represent and warrant to Double U Games the following:
8.1 You possess all necessary authority to enter into this Agreement and upon execution this Agreement will be binding and enforceable in accordance with its terms;
8.2 You are at least 18 years old;
8.3 You will not authorize any person to access or use the Services in violation of any U.S. prohibitions or restrictions;
8.4 Your use of the Services will be in accordance with all other applicable local, state and federal laws and regulations as well as any applicable foreign laws, treaties, regulations, and conventions in connection with your use of the Services, including without limitation those related to privacy, electronic communications and anti-spam legislation.
- Internet Access
Use of the Services requires an internet connection or cellular data and may result in charges from your internet or cellular service provider. Double U Games is not responsible for any such charges. Double U Games is also not liable for any disruption, failure or malfunction of the Internet or other service providers or for any other situation or event that is out of Double U Games’ direct control. DOUBLE U GAMES IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
- Restrictions on Use
You are responsible for your use and access of the Double U Games Services. You are also responsible for maintaining the security of your Double U Games account. If you or anyone using your account to access the Double U Games Services violates any portion of this Agreement, Double U Games reserves the right to terminate your account or your access to the Services at any time.
Except for your download, installation, or use of the Double U Games Services in accordance with all documentation and instructions of Double U Games, unless and to the extent specifically provided otherwise in writing by Double U Games, you may not:
- separate any individual component of the Services for use;
- incorporate any portion of the Services into any other software or application or compile any portion of it in combination with any other software or application;
- sell, rent, lease, lend, loan, distribute, assign or sublicense the Services or otherwise transfer any rights to it in whole or in part;
- access or use the Services for any competitive purpose, such as building a competitive product;
- misuse the Services by attempting to access them through a method other than through the platform Double U Games provides;
- use the Services to send any unsolicited or bulk messaging to any other users;
- attempt to circumvent any limitations on your use of the Services;
- modify, reverse engineer, decompile, remove any proprietary notices or disassemble the Services in whole or in part, or create any derivative works from or of the Services, or encourage, assist or authorize any other person to do any of these things;
- make copies of or distribute the Services or electronically transfer it or any portion of it from one computer to another or over a network; or
- use the Services for anything other than lawful purposes.
We may discontinue some or all of the functionality of the Services at any time. We may also terminate your right to use the Services at any time, and in such event, we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Services, including without limitation, all driving laws and laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
- Trademark Use
No right to use any trademark or trade name of Double U Games is granted to you hereunder other than the right to display the Double U Games marks that are placed on the Services and messages rendered via the Services, in which case such marks may not be altered or removed by you without written approval by Double U Games.
Double U Games may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Services or portions thereof available to you under this Agreement for the purpose of, among other things, distributing bug fixes, patches and feature improvements. Notwithstanding the foregoing, Double U Games does not have any obligation to provide any bug fixes, modifications, updates or technical or end user support for the Services.
- Collection and Use of Data
You acknowledge that the Services automatically collect certain information, data and statistics relating to your use of the Services, and compiles such information, data and statistics. Double U Games reserves the right to use such information, data and statistics in the course of Double U Games’ business, and you hereby agree to such use. Unless specifically agreed in writing by Double U Games, Double U Games is not responsible for, and hereby disclaims all warranties relating to, the storage of any data for use with the Services.
Double U Games has no duty to resist any effort by law enforcement officials to obtain information relating to you and your use of the Services. Double U Games reserves the right to disclose any information necessary to satisfy any such law enforcement requests, warrants, subpoenas or court orders.
- Login Credentials
You shall not share your user account information with others or allow third parties to use your login credentials to the Services at any time or for any reason unless otherwise allowed in writing by Double U Games. You warrant, and Double U Games may assume and rely on the assumption, that any and all activity and use of the Services under your user account is done by you. You are solely responsible for maintaining the security of, for example, your username, password, and all other user account information, and you agree that Double U Games will not be liable for any loss or damages resulting from use of your account by others.
- Disclaimers, Limitation of Liability
DOUBLE U GAMES DOES NOT PROMISE THAT THE SERVICES OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES ARE PROVIDED BY DOUBLE U GAMES “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING THAT THE SERVICES OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICES WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICES, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICES, IS AT YOUR OWN RISK. DOUBLE U GAMES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOUBLE U GAMES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF DOUBLE U GAMES, AND EVEN IF DOUBLE U GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, DOUBLE U GAMES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, DOUBLE U GAMES’S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO DOUBLE U GAMES FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
- Indemnification and Release
You hereby release, and shall defend, indemnify and hold harmless, Double U Games and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, agents, licensors and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) your use of the Services; (ii) any dispute between you and any other user or users; (iii) your breach of any representation or warranty; (iv) your breach of this Agreement, or (v) the infringement by you, or any other user of your username or account, of any intellectual property or right of any person or entity.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Without limiting its rights and remedies, if you fail to comply with the Terms of this Agreement, Double U Games may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, you must promptly cease all use of the Services and discontinue exercising all license rights granted by this Agreement. Sections 1, 2, and 4 through 21 of this Agreement will survive any termination of this Agreement.
- Dispute Resolution; Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Washington without reference to its choice of law provisions, and you consent to exclusive jurisdiction and venue in the federal courts sitting in Spokane County, Spokane, Washington U.S.A. unless no federal jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the applicable Washington State Court located in Spokane County, Spokane, Washington U.S.A. You waive and covenant not to assert all defenses of lack of personal jurisdiction and forum non conveniens.
- Other Agreements
This Agreement constitutes an individual consent by you to be bound by the terms of this Agreement and is the entire agreement between you and Double U Games with regard to the subject matter hereof, and any and all other written or oral agreements or understandings previously existing between you and Double U Games with respect to such subject matter are hereby cancelled. If you enter into a purchase agreement or other formal agreement with Double U Games, the terms of that agreement shall control where inconsistent with these Terms.
- Void Where Prohibited
Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations or are appropriate or available for use outside the United States. Double U Games reserves the right to limit, in its sole discretion, the provision of the Services or any feature thereof to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Services from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. Double U Games’ failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Double U Games of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Double U Games and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.