Welcome to AIRGAMES!
The website located at www.airgames.com, or any other website where the Games (as defined below) may be located (the “Site”) is a copyrighted work belonging to airG Inc., a Canadian corporation, and its affiliates (“airG”, “us” or “we”). airG provides AIRGAMES, a variety of games (“Games”) you can play with your friends. You can also invite random players to join you in the Games, and invite people who are not already on AIRGAMES to join you to play the Games, too. The Games can be used by and between smartphones, tablets and, ultimately, PCs and Macs (the “Services”).
The commencement date of this Agreement is the date you sign up as an AIRGAMES user or first use AIRGAMES, whichever is earlier.
AIRGAMES is not directed at, nor targeted to children and is available for your use according to the age limitations listed below, and if you are able to enter into this Agreement, not a convicted sex offender, not a person barred from receiving services under US or Canadian law, not residing in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, and you are not included on any U.S. government list of prohibited or restricted parties.
• In the United States and Canada, AIRGAMES is not knowingly provided to children under the age of 14. If you are accessing AIRGAMES from the United States or Canada, you hereby represent, warrant and covenant that you are at least 14 years old.
• In Australia, United Kingdom, Netherlands and Ireland, AIRGAMES is not knowingly provided to children under the age of 18. If you are accessing AIRGAMES from Australia, United Kingdom, Netherlands and Ireland you hereby represent, warrant and covenant that you are at least 18 years old.
• In all other countries AIRGAMES is not knowingly provided to children under the age of 14. If you are accessing AIRGAMES from any country other than those listed above, you hereby represent, warrant and covenant that you are at least 14 years old.
(“EULA”). PLEASE REVIEW airG’S TERMS AND CONDITIONS AT http://www.airg.com/AirGWeb/Base/Base/terms/. THE TERMS OF airG’s EULA ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THIS AGREEMENT.
You can create an account on the Site (“your Account”) in order to play the Games.
You are fully responsible for all activities that occur under your Account. You agree to immediately notify airG of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. airG cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Subject to the terms of this Agreement, airG grants you one (1) non-transferable, non-exclusive license to (a) use the Site for your use, and (b) play the Games (the “License”). This section is in addition to the End User License Agreement referenced in section 1.2, above.
The rights granted to you in this Agreement are subject to the following restrictions. You agree that you will not
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or the Games;
(b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or the Games;
(c) access, tamper with, or use non-public areas of the Games, airG’s computer systems, or the technical delivery systems of airG;
(d) access the Site or the Games in order to build a similar or competitive service;
(e) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
(f) access or search, or attempt to access or search, the Games by any means, automated or otherwise, other than through the currently available, published interfaces provided by airG, unless you have been specifically allowed to do so via a separate agreement with airG;
(g) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use any medium to send altered, deceptive or false source-identifying information;
(h) interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network by any means including sending a virus, overloading, flooding, spamming, mail-bombing the Games, in such a manner as to interfere with, or create an undue burden on, the Games or its users;
(i) collect information posted by others using automated means;
(j) offer any contest, giveaway or sweepstakes without airG’s prior written consent;
(k) facilitate or encourage any violations of this Agreement;
(l) remove or destroy any copyright notices or other proprietary markings contained on or in the Games or the Site.
Except as expressly stated herein, no part of the Site or the Games may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Any future release, update, or other addition to functionality of the Site or the Games shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or the Games must be retained on any copies.
When you use the Games, airG may store one or more cookies (a small text file containing a string of alphanumeric characters) on your mobile device that uniquely identifies your browser. These cookies will store your unique account ID, an API key, your profile information and your username, but no other personal information.
The Games use persistent cookies. A persistent cookie remains after you close your browser, and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Games may not function properly if the ability to accept cookies is disabled.
By using the Games, you agree to accept the placement of cookies on your browser.
Local storage is a key value datastore that is built into modern browsers. The Games use such local storage as a data cache to store items the Games have recently downloaded from the server in order to enhance performance of the Games. The Games will store your profile information in local storage.
Local storage is stored indefinitely inside your browser. By using local storage, the Games make fewer calls to the server and saves on your data consumption. You may wish to delete local storage through your browser, although some browsers do not allow for such deletion. If you delete all local storage, the Games will rebuild local storage the next time you use them. If you delete part of the information stored in local storage, the Games may not operate properly.
6.1. You will not use the Site or the Games to upload, distribute, or otherwise use content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is tortious, trade libelous, defamatory, false, or intentionally misleading; (iii) is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iv) is harmful to minors in any way; (v) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vi) violates any law, regulation, or contractual obligation.
You will not use the Site or the Games to: (i) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) collect information or data (including email addresses) regarding other users without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (iii) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (iv) attempt to gain unauthorized access to the Site or the Games or servers or networks connected to the Site (e.g., through password mining); or (v) interfere with another user’s use and enjoyment of the Site or the Games.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, request from law officers, or governmental request; (b) enforce the terms of this Agreement, including investigation of potential violations of this Agreement; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of airG, the Site, the Games, their users and the public. We may suspend or terminate your Account in accordance with Section 8.
7.1. This Agreement commences on the date you accept this Agreement (as described in the Preamble) and will remain in full force and effect while you use the Site or the Games, unless earlier terminated in accordance with this Agreement.
7.2. Notwithstanding the foregoing, if you used the Site or the Games prior to the date you accepted this Agreement (as described in the Preamble), you hereby agree that this Agreement commences on the date you first use the Site or the Games (whichever is earlier and which may be prior to the current Agreement Version Date) and will remain in full force and effect while you use the Site or the Games, unless earlier terminated in accordance with this Agreement.
7.3. We may (a) suspend your rights to use the Site, the Games, and/or your account or (b) terminate this Agreement. We may suspend or terminate at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy in section 7 of this Agreement. or any other provision of this Agreement or any applicable law. Without limiting the foregoing, airG reserves the right to terminate its Agreement with any user who infringes third party intellectual property rights upon notification to airG by the intellectual property rights owner or the intellectual property rights owner’s legal agent. In addition, airG may suspend or terminate your access for any or no reason.
7.4. Upon termination of this Agreement, your account and right to use the Site and the Games will automatically terminate immediately. airG will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your account. Even after this Agreement is terminated, all provisions which should, by their nature, survive the termination or expiration of this Agreement shall survive, in addition to the following provisions of this Agreement which will remain in effect: Preamble, Sections 1, 3.8, 5, 7.4, 8, 10 through 13.
You agree to defend, indemnify and hold harmless airG, its officers, directors, employees, contractors, agents and suppliers from and against any and all claims, suits, losses, damages, obligations, liabilities, costs, debts and expenses (including attorneys’ fees) brought by third parties resulting from or relating to (a) your use of the Site or the Games, (b) your violation of this Agreement, (c) your violation of any third party right, including any intellectual property, property or privacy right, or (d) any claim that your content caused damage to a third party. airG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify airG, and you agree to cooperate with airG’s defense of these claims. You agree not to settle any matter related to this Agreement or your use of the Games or the Site without the prior written consent of airG. airG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site and the Games may contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). airG is not responsible for and does not control Third Party Sites & Ads. airG provides these Third Party Sites & Ads only as a convenience to you. airG has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to, Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you access a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Sites & Ads.
You hereby irrevocably and unconditionally release and forever discharge airG, its officers, directors, employees, agents and suppliers from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any other Site or the Games users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING. THAT CODE SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11.1. THE SITE AND THE GAMES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, COTNRACTORS AND SUPPLIERS MAKE NO WARRANTY THAT THE SITE OR THE GAMES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE, (D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT THE GAMES, OR ANY FEATURE THEREOF, WILL BECOME EITHER PERMANENTLY OR TEMPORARILY UNAVAILABLE.
11.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12.1. IN NO EVENT SHALL airG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE OR THE GAMES, EVEN IF airG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GAMES OR THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF airG’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM airG’s SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAMES. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT airG SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12.2. ACCESS TO, AND USE OF, THE SITE AND THE GAMES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
12.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12.4. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE GAMES OR THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12.5. The Games are controlled and offered by airG from its facilities in Canada. airG makes no representations that the Games are appropriate or available for use in other locations. Those who access or use the Games from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You are responsible for providing airG with your most current e-mail address. In the event that the last e-mail address you have provided to airG is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, airG’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Any notice provided to airG pursuant to this Agreement should be sent to:
710-1133 Melville Street
Vancouver, BC, Canada V6E 4E5
Attn: Corporate Counsel
airG Inc., 710-1133 Melville Street, Vancouver, BC Canada V6E 4E5, 604-408-2228, firstname.lastname@example.org