minMOG LLC -- Terms of Use & License

ACCEPTABLE USE POLICY

Last Updated: 5/11/2017


Terms of Use & License Acceptance


By downloading the SNARF! Game, you agree to be bound by the terms and conditions in this minMOG Terms of Use & License (“Terms”) and Privacy Policy which can be viewed at www.minmog.com. These Terms apply to your access to, and use of, the content, documentation, code, data and related materials made available by minMOG, LLC (“minMOG”) to you (collectively, the “Content”), including through the use of the SNARF! game (the Content together with the SNARF! game collectively is “minMOG Services”). Please review carefully before downloading the game.


1. ABOUT THE GAME

The “Game” or “App” shall mean minMOG’s SNARF! game where users can play a game (the “Game”) allowing individual players (“Players”) to eat other characters in the game, or be eaten, trying to eat as many other characters as possible and play as long as possible.


2. GAME OWNERSHIP

The Game, any content on the Game, and the infrastructure used to provide the Game are proprietary to minMOG, its affiliates, and other content providers. By using the Game and accepting these Terms of Use: (a) minMOG grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Game pursuant to these Terms of Use and to any additional terms and policies set forth by minMOG; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Game without the express permission of minMOG.


3. USERS

When you use minMOG Services, you agree to a binding contract with minMOG, and to follow these Terms and all applicable laws. You agree that we may automatically update these minMOG Services, and these Terms will apply to such updates.


4. GRANT OF LICENSE

Subject to these Terms, and conditioned on your compliance therewith, minMOG hereby grants to you a non-exclusive, non-sublicensable and non-transferable, limited license to use the Licensed Software and Documentation (“SNARF! Materials”) solely for the Permitted Use during the Term. All trademarks, copyrights, database rights and other intellectual property rights of any nature in the Game together with the underlying software code are owned by minMOG or its third party suppliers. You may not install or use the SNARF! Materials for any other purpose without minMOG’s prior written consent.


5. CREATION OF ACCOUNT, USE OF GAME AND INFORMATION

By creating an account, you agree that: you have read the terms and conditions; you are able to create a legally binding obligation; your use of the Game will comply with these Terms; you have the right to provide any and all information you submit to the Game, and all such information is accurate, true, current and complete. We will assume that anyone using the Game is you.


minMOG may also aggregate the information of all users, de-identify it and utilize it for internal analysis for the purpose of creating statistics on the number of users, their geographic location and other statistics on how the Game is used. With respect to the de-identified information collected and used by minMOG, minMOG will comply with its Privacy Policy, which can be found at www.minmog.com.


6. CONDUCT

All conduct on the Game must comply with these Terms. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Game, we may limit or terminate your privileges on the Game and seek other remedies, including, without limitation, cancellation of your account.


You agree NOT to do the following while using the Game:

  • Use the Game for illegal or unauthorized uses;
  • Impersonate any person or entity;
  • "Stalk" or harass other users or persons;
  • Submit purposely inaccurate, fraudulent or false information:
  • Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of minMOG or another person;
  • Access or use the account of another user without permission;
  • Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Scan or test the security or configuration of the Game or attempt to breach security or authentication measures;
  • Interfere with, disrupt, or destroy the functionality or use of any features of the Game;
  • Interfere with, disrupt, or destroy the servers or networks connected to the Game, or disobey any rules or regulations applicable to such servers or networks;
  • "Hack" or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
  • Violate any applicable law, rule, or regulation;
  • Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Game;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Game; and/or
  • Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Game or its content.


minMOG may at any time in our sole discretion (i) move, edit, delete, or destroy any materials that you provide or deliver; (ii) access, preserve, or disclose in accordance with our Privacy Policy any materials that you provide or deliver including information that may be collected from you from your web browser or mobile device; (iii) suspend or terminate your access to and use of the Game or any of its features in response to a breach of these Terms, or for any or no reason; or (iv) take any other action available at law in response to a breach of these Terms.


7. MODIFICATIONS TO THESE TERMS

minMOG reserves the right, in its sole discretion to modify these Terms at any time by posting a notice to www.minmog.com. You shall be responsible for reviewing and becoming familiar with any such modification. Such modifications are effective upon first posting or notification and use of the SNARF! Services by you following any such notification constitutes your acceptance of these Terms as modified.


8. MAINTENANCE

During the Term, minMOG will provide you with all Maintenance Releases (including updated Documentation) that minMOG may, in its sole discretion, make generally available to its users at no additional charge. All Maintenance Releases, on being provided by minMOG to you hereunder, are deemed Licensed Software subject to all applicable terms and conditions in these Terms. You will install all Maintenance Releases as soon as practicable after receipt. You do not have any right hereunder to receive any new versions of the Licensed Software that minMOG may, in its sole discretion, release from time to time.


9. TERMINATION

minMOG may terminate your use of the Game at any time due to a breach of these Terms for any or no reason. minMOG may provide notice of termination to you, at its option, but it is not required to do so. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; and (b) you must cease all use of the Game.


10. LIMITATION OF LIABILITY AND RELEASE

In no event will minMOG be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind whatsoever arising out of your use or access to the Game or failure for the Game to work, including the incurrence of expense, loss of profit, emotional pain and suffering, or the like, whether or not in the contemplation of the parties, and whether or not based on breach of contract, tort (including negligence and malpractice), product liability or otherwise.


minMOG is not liable to you for any damage or alteration to your equipment including but not limited to any computer equipment, handheld devices, or mobile telephones as a result of the installation or use of the Game.


By downloading the Game, you hereby agree to release, waive, covenant not to sue and forever discharge minMOG and its affiliates, agents, owners and employees, from any and all liabilities, claims, actions, damages, costs, or expenses of any nature arising out of or in any way connected with your use of the Game, and you further agree to indemnify and hold each of the foregoing harmless against any and all such liabilities, claims, actions, damages, costs, or expenses including, but not limited to, all attorneys’ fees and disbursements through and including any legal action or appeal. You further agree that this waiver of claims and release of liability includes any claims based on the negligence, action or inaction of any of the foregoing indemnitees.


Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law.


11. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, MINMOG DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE APPLICATION, SOFTWARE AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. MINMOG DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE GAME SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS, OMISSIONS OR MISPLACEMENTS IN THE SERVICES WILL BE CORRECTED, OR THAT SERVICES WILL RESULT IN ANY REVENUE OR PROFIT FOR PLAYER.


12. CLAIMS AND GOVERNING LAW

Any claim arising out of or relating to any error or omission in the minMOG Services must be made within 120 days of first release. Otherwise, the claim shall be deemed waived by Player. These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to the conflict of law principles thereof. The parties irrevocably consent to the exclusive personal jurisdiction (except as to actions for the enforcement of a judgment, in which case the jurisdiction will be non-exclusive) of the federal and state courts located in the State of Missouri.


13. ARBITRATION AND WAIVER OF JURY TRIAL

All claims, disputes or controversies of whatever nature between you and minMOG arising out of or in any way connected with the execution, interpretation, termination or performance and/or breach of these Terms (including the validity, scope and enforceability of this arbitration provision) or the relationship created by these Terms (each, a “Dispute”) shall, except as provided below, be solely and finally settled by binding arbitration conducted in accordance with the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, which shall be held in Missouri. The parties agree that the arbitration award shall be final and shall not be subject to judicial review. Judgment on the arbitration award shall be entered and enforced in any court having jurisdiction over the parties or their assets. It is the intent of the parties that these arbitration provisions be enforced to the fullest extent permitted by applicable law, including the Federal Arbitration Act, 9 U.S.C. § 2. Nothing contained in this Section 13 shall prevent the parties from seeking injunctive relief, or other equitable relief as otherwise permitted by law or equity. No person or entity except minMOG or you shall have the right to join in or participate in any arbitration proceeding arising under these Terms, and therefore the arbitrators will not be authorized to permit class actions or to permit any person or entity to be involved in or named a party to any arbitration proceeding brought by either party under these Terms.