AGREEMENT AND SERVICES
If you create Frogwares account within Frogwares website, you must provide truthful and accurate information to us. If Frogwares has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Frogwares may suspend or terminate your ability to use or access our offering(s), and refuse any and all current or future use of or access to any or all Frogwares offerings. Frogwares requires all users to be over the age of thirteen (13).
Frogwares reserves the right to limit the number of accounts a user can establish to one. This limit may change over time in our sole discretion.
When you access Frogwares website, send e-mails or electronically chat with Frogwares, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in Frogwares website(s). You agree that all agreements, notices, disclosures and other communications that Frogwares provides to you electronically satisfy any legal requirement that such communications be in writing.
ONLINE CONTENT AND CONDUCT
The content within Frogwares offerings includes the software, communications, images, text, sounds, and all the material and information you encounter through Frogwares. You bear the risk of the completeness, accuracy or usefulness of any content found on Frogwares website.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within Frogwares forums, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Frogwares does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Frogwares offerings. Frogwares does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through Frogwares offerings. You agree to indemnify Frogwares and its employees from any liability or damages arising out of or resulting from any content you post or communicate on or through Frogwares website(s).
- Posting, transmitting, promoting, or distributing any content that is illegal
- Harassing or threatening any other user of Frogwares or employee or contractor Impersonating another person, indicating that you are Frogwares employee or a representative of Frogwares (if you are not), or attempting to mislead users by indicating that you represent Frogwares in any way
- Attempting to obtain a password, other account information, or other private information from any other user of Frogwares
- Uploading any software, files or content to Frogwares that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, mass mailings and sending “spam”, or making any commercial use of our Frogwares offerings.
- Improperly use any game support functions or complaint buttons, or make false complaints or other reports to Frogwares staff members.
- Posting or communicating any player’s real-world personal information within Frogwares website(s) or any related bulletin board.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses Frogwares, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within Frogwares, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any Frogwares security feature or any feature that restricts or enforces limitations on use of or access to Frogwares.
- Attempting to sell any part of Frogwares Product, your account and access to it in exchange for real currency or items of monetary or other value.
- Engaging in cheating or any other activity that Frogwares deems to be in conflict with.
Public Nature of Communications
You acknowledge and agree that your communications with other users via forums or bulletin boards, or any other similar types of communication on or through Frogwares website(s), are public and not private communications, and you have no expectation of privacy concerning your use of or participation in any Frogwares offering (other than with respect to the information you provide to us in establishing your Frogwares account, if applicable). You acknowledge that personal information that you communicate publicly within Frogwares forums may be seen and used by others and may result in unsolicited communications. Frogwares is not liable for any information that you choose to communicate to other users, or for the actions of any other Frogwares users.
You represent and warrant that you have all necessary rights in and to any materials that you post within Frogwares website(s), that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Frogwares and its employees for all claims resulting from your posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Frogwares permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials, you expressly grant Frogwares the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind.
Commercial Activity and Unsolicited E-mail
You may not use any portion of Frogwares offering to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Frogwares website(s), or otherwise exploit your participation on or through Frogwares for any commercial purpose.
We may require that you download software from Frogwares or its licensors onto your computer. Frogwares grants to you a non-exclusive, non-transferable, revocable, limited license to use the Frogwares Software. It is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of Frogwares Software.
NEITHER FROGWARES NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY Frogwares SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF FROGWARES SOFTWARE, RESIDES WITH YOU.
TERMINATION OF FROGWARES ACCOUNT
INTELLECTUAL PROPERTY RIGHTS
TERMS FOR MONETIZING OUR GAMES ON YOUTUBE
We are fine with YouTube monetization using recorded video material from our games as long as the video is somehow related to the game(s) in question (e.g. review, preview, a Let’s Play, or some other similar type).
Also, it is allowed to use the music from the games in connection with videos related to our games. However music used outside of videos of our games is not allowed.
If you have any questions, please contact us.
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY FROGWARES OFFERING, FROGWARES SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL FROGWARES OFFERINGS AND FROGWARES SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FROGWARES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE FROGWARES OFFERINGS OR FROGWARES SOFTWARE AT TIMES OR LOCATIONS, OR THAT FROGWARES OFFERINGS, FROGWARES SOFTWARE, NEWSLETTERS OR E-MAILS SENT FROM FROGWARES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FROGWARES IS TO STOP USING FROGWARES OFFERINGS AND FROGWARES SOFTWARE, AND TO CANCEL YOUR FROGWARES ACCOUNT, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT FROGWARES IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN FROGWARES WEBSITE(S) BY, ANY FROGWARES WEBSITE(S) USER. IN NO CASE SHALL FROGWARES OR ITS EMPLOYEES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF FROGWARES OFFERING OR FROGWARES SOFTWARE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT FROGWARES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FROGWARES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF FROGWARES WEBSITE(S) AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING FROGWARES WEBSITE(S) AND FROGWARES SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
OTHER LEGAL TERMS
APPLICABLE LAW AND JURISDICTION
STATUTE OF LIMITATIONS
Frogwares Ireland LTD
Suite A, Ashtown Business Centre,
Navan Road, Dublin 15