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Original Games Terms of Service
Last updated: October 21, 2021
Please read these terms and conditions before using our Service.
Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


For the purposes of these Terms and Conditions:

Application or Game means the software program provided by the Company downloaded by you on any electronic device.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application or Game has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for you or by you to access our Service or parts of our Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Original Games Oü, address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117 Estonia.

Device means any device that can access the Service such as a computer, a cellphone, other mobile device or a digital tablet.

Feedback means feedback, innovations, ideas or suggestions sent unsolicited by you regarding the attributes, performance or features of our Service, or unsolicited proposals for new products, features and services.

In-app Purchase refers to the purchase of a product, virtual currency, virtual goods, items, features, services, content or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

Promotions refer to offers, contests, sweepstakes or other promotions offered through the Service.

Service refers to the Application or Game.

Terms and Conditions (also referred as "Terms") mean these Terms of Service that form the entire agreement between you and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment of the terms and definitions of the service

The following Terms and Conditions govern the use of the Company Applications, Services and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Company Applications and Services.


Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Applications or Service.


By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Service.


By accepting these terms, you represent that you are over the age of 13. If you are between 13 and 17 years old or otherwise do not have the authority to enter into agreements, you represent that you have obtained parental consent from a legal guardian that they have reviewed and agreed to these terms.


Subject to your compliance with these Terms and Conditions, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the service for your personal, non-commercial use. The Company retains all rights in and to the service not expressly granted to you here.


Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Service. Our Privacy Policy is available at: https://originalgames.io/pp.html

In-app Purchases

The Application may include In-app Purchases that allow you to obtain a limited license and right to use virtual goods, content, features, services or subscriptions. The company may manage, control, modify or eliminate any virtual goods, features or content at any time, or amend pricing and availability of any virtual goods or content with the company's sole discretion.


In-app Purchases can only be consumed within the Application, and do not have equivalent value in any real-world currency. If you make an In-app Purchase, that In-app Purchase cannot be cancelled or refunded after you have initiated the purchase transaction. In-app Purchases of any virtual currency, virtual goods, features or content cannot be redeemed for cash or other consideration or otherwise transferred, and the Company is not liable for hacking or loss of your virtual currency, virtual goods, features or other content.


While you acknowledge that the Company is not required to provide a refund for virtual goods for any reason, if any In-app Purchase is not successfully downloaded/completed or does not work once it has been successfully downloaded/completed, we will, after becoming aware of the fault or being notified to the fault by you, reasonably investigate the cause for the fault. On our sole discretion, based on our findings on such investigations, we may provide you with a replacement virtual currency, virtual goods or issue you with a patch to repair the fault or we may authorize the Application Store to refund you an amount up to the cost of the relevant In-app Purchase. Alternatively, if you wish to request a refund for a qualified reason, you may do so by contacting the Application Store directly. You further acknowledge that you will not receive money or other compensation for any unused Virtual Currency, virtual goods, features or content, regardless of whether your loss of license under these Terms and Conditions was voluntary or involuntary. Furthermore, if you resort to your right to have your personal data to be deleted, as defined in our Privacy Policy, you will permanently lose all your virtual currency, virtual goods, features and paid content without any compensation or right to refund as we are no longer able to attribute any such purchased items with you.


You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions. If you have any payment related issues with In-app Purchases, you need to contact the Application Store directly.


More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.


If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

We may provide you an option to create an account with us. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our Service.


You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service.


You agree not to disclose your password to any third party. We may assume anyone using your credentials is you, and you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both Estonia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

User generated content and feedback to Us

You assign all rights, title and interest in any feedback you provide to the Company, any unsolicited ideas or product submissions of any kind and to all content you may be enabled to create in the Application. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback and Content without restriction. Such grant of rights or license will survive any termination of these Terms & Conditions.

Links to Other Services

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company, including but not limited to social media connectivity or advertisements placed by third parties.


The Company has no control over, and assumes no responsibility for, the content, terms, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.


We advise you to read the terms and conditions and privacy policies of any third-party websites or services that you engage with.

Termination of right to use the service

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.


Under any circumstances, you acknowledge that cheating, hacking or interfering with the service, or using the service for fraudulent, unlawful, or unethical purposes, or any attempts to harass, abuse, harm or threaten any other players or Company representatives will result in immediate termination of your right to use the service and you agree not to engage in such activities.


The Company reserves a right to terminate and delete your account if we determine that there is no activity by you in your account for 180 days or more. In such a case, you will permanently lose all your virtual currency, virtual goods, features and paid content without any compensation or right to refund.


Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or €100 if you haven't purchased anything through the Service.


To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.


Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.


The Company reserves the right to limit or to stop offering and/or supporting the application or service or any part of such service for any reason, at any time, at which point your license to use the Application or Service or a part of will be terminated automatically. In such cases, the Company may not provide refunds for virtual currency, virtual goods, features or other content in connection with such discontinued services.


Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses or other harmful components.


Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law & Dispute Resolution

If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.


These Terms and Conditions and your use of the Application or Service shall be governed by and construed in accordance with the laws of the Republic of Estonia, excluding its conflicts of law rules. Any unresolved disputes resulting from your use of the service will be resolved in the County Court of Harju, Tallinn, Estonia as the court of first instance. Your use of the Application may also be subject to other local, state, national, or international laws.


If you are a United States resident or otherwise make any claim against The Company in the United States, you agree to the fullest extent permitted by law to resolve any claims arising out of, relating to, or in connection with the use of the application services, these terms or our Privacy Policy, through final and binding arbitration, conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, under AAA’s then-current rules and procedures, including the Consumer Arbitration Rules. You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court. Payment of arbitration costs will be governed by the AAA’s fee schedule and each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.


By accepting these Terms you agree that the parties can only bring a claim against each other on an individual basis, you cannot bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action, nor can the arbitrator combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding.


As an exception the parties agree that they will go to court to resolve disputes related to:


Any violation of the Company’s intellectual rights, or where the sole form of relief sought is injunctive relief, if the dispute is within the jurisdiction of small claims courts; or if the dispute is related to your right to use the service being terminated due to cheating, hacking or interfering with the service, or using the service for fraudulent, unlawful, or unethical purposes, or any attempts to harass, abuse, harm or threaten any other players or Company representatives. This section will survive the termination of these terms.

Severability and Waiver

Severability


If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver


Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them locally available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make commercially reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

  • By email: contact@originalgames.io
  • By visiting this page on our website: https://originalgames.io/
  • By contacting us through the settings menu in our Games.