THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY, SINCE IT AFFECTS YOUR RIGHTS. BY USING THE SERVICES OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION.
1.Accessing our Games and Your Account.
a)Game Platforms. You are accessing our Games through certain software providers, which include platforms like Steam, PlayStation VR, MetaQuest (Oculus), and Pico (“Game Platforms”), which also often act as a download agent. You must create an account with that Game Platform (a “Gaming Account”) to purchase, access or download our Games through a Game Platform. You acknowledge and agree that the Game Platform’s terms and conditions may apply to your use of the Game Platform, your Gaming Account, and your use of our Services through the Game Platform. In the event of any conflict between any Game Platform’s terms and conditions and these Terms, these Terms will take priority but we are not responsible for any acts or omissions on behalf of any Game Platform.
c)Eligibility. You may use the Services only if you are 13 years or older, capable of forming a binding contract with Argarium Ltd., and are not barred from using the Services under applicable law. Children under the age of 18 must review these Terms with a parent or legal guardian.
a)Argarium Content. "Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Argarium and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.
b)In-Game Content. We may offer certain upgrades, add-ons, features, and other options, or in-game currency, via the Services (“In-Game Content”). In-Game Content may include, for example, virtual currency, character skins, weapons or other gear for your character, experience boosts, or other items that may improve your in-game experience. In-Game Content may also include access to quests or challenges that allow you to unlock additional rewards. We may offer access to In-Game Content as part of a special event or “season,” and these special events and seasons may be subject to additional terms and conditions. You may purchase access to certain In-Game Content, or receive access to In-Game Content in connection with a purchase, as described below in Section 3. You may also be able to obtain certain In-Game Content without purchase, such as through an event or through gameplay. All In-Game Content is Argarium Content, and any In-Game Content you access or use through our Services remains the property of Argarium. In-Game Content has no monetary value and is not redeemable or refundable for any “real world” money or anything of monetary value. You cannot transfer, sell, or exchange In-Game Content.
Your access to and use of In-Game Content is subject to the license terms and restriction set forth in these Terms. Additional restrictions may apply to your use of In-Game Content, including any restrictions related to the functionality of the Games or that may be communicated to you separately via the Games or our other Services. To the extent allowed by law, we may in our sole discretion modify, substitute, replace, suspend, cancel, eliminate or revoke your license to any In-Game Content, including your ability to access or use In-Game Content, without notice or liability to you.
c)License Keys. We may offer for purchase or otherwise make available unique keys that you can use to access our Games through a Game Platform (a “License Key”). License Keys are personal to you, and may not be transferred or sold. If we reasonably believe that you have engaged in fraud or otherwise violated these Terms, we may disable a License Key, or otherwise revoke your rights to use our Games in connection with a License Key. License Keys are not redeemable for money or anything with monetary value.
d)License Conditions. Subject to your compliance with these Terms, Argarium grants to you a limited, non-exclusive, non-transferable and non-sublicensable license (i) to access and view the Content; (ii) if you have a valid License Key to use a Game, or you have purchased a Game through a Game Platform, to download and install that Game on a computer you own or control; in each case of (i) and (ii) solely in connection with your permitted use of the Services. Except as expressly permitted in these Terms, you may not: (w) copy, modify or create derivative works based on the Services; (x) distribute, transfer, sublicense, lease, lend or rent our Services to any third party; (y) reverse engineer, decompile or disassemble the Services; or (z) make the functionality of the Services available to multiple users through any means. Argarium reserves all rights in and to the Services, including our Games and Content, not expressly granted to you under these Terms.
e)Streaming. We welcome and encourage you to stream your experiences with our Games, provided you: (i) limit such streaming to non-commercial purposes; (ii) do not charge a fee for viewing or access to your streamed content; (iii) maintain your stream within the “T” guidelines of the ESRB (e.g., no swearing or nudity) or similar rating boards; (iv) do not host competitions without our express written consent, which may be subject to further requirements; (v) clearly indicate when your stream is being sponsored by including the persistent text “Sponsored By _______” (inserting your sponsor’s name) in your stream; and (vi) respect our intellectual property and reputation.
When you purchase access to our Games through a Game Platform, or a License Key, or In-Game Content (each, a “Transaction”), you expressly authorize the Game Platforms (or the Game Platforms’ third-party payment processors) to charge you for such Transaction. They may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You acknowledge and agree that the Game Platforms’ terms and conditions may also apply to your Transaction and that these may change from time to time. We do not mediate regarding the applicable Game Platform and the payments that may be required on such platforms and to the maximum extent permitted by law, we are note responsible or liable for third party payment practices or disputes.
From time to time, we may offer a beta version of our Services (“Beta”). Betas are not guaranteed to work properly, and may cause malfunctions or other issues with your computer or other device or system. When you use a Beta, you acknowledge and agree to the following additional terms: (a) Argarium may automatically delete or modify any software, data, Content, or other materials or information related to the Beta, including those stored on your computer, for any reason at any time; (b) Argarium may discontinue or terminate your access to a Beta at any time, which would render your Beta unplayable or unable to function properly; (c) if Argarium discontinues or terminates a Beta, you will delete any local instance of the Beta on your computer and all Content, data, materials and other information you received from Argarium in connection with the Beta; (d) you will have no rights to any compensation based on your participation in a Beta; and (e) your participation in a Beta does not entitle you to receive access to the full commercial version of the Game or other portion of our Service, and you may be required to separately purchase the full commercial version.
5.General Prohibitions and Argarium’s Enforcement Rights.
You agree not to do any of the following:
a)engage in any conduct that we deem objectionable (i.e., cheating), violent, or discriminatory, or that may disrupt another user’s enjoyment of the Services, including by harassing other users (i.e., “trolling”);
b)remove or bypass any measure that prevents misuse of the Services;
c)forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
d)collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
e)violate any applicable law or regulation; or
f)encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements.
6.Links to Third Party Websites or Resources.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
To the maximum extent permitted by law, we may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services or your Account, this sentence and the following Sections will survive: 3(a), 3(b), and 8 – 12.
a)Disclaimers with Respect to Our Services and Content. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
b)Disclaimers with Respect to Third-Party Hardware. Our Services, including our Games, may require the use of third-party hardware, including headsets or sensors (e.g., Oculus Rift, PlayStation VR or HTC Vive hardware products) (“Third-Party Hardware”). You acknowledge and agree that Argarium is not responsible for Third-Party Hardware, including any damages or malfunctions that arise from your use of our Services in connection with such Third-Party Hardware. You acknowledge and agree that you are solely responsible for reading any warnings or instructions provided with Third-Party Hardware, and for ensuring that your use of our Services, including our Games, complies with such instructions.
To the maximum extent permitted by law, you will indemnify, defend, and hold harmless Argarium and its officers, directors, employees, agents, contractors, and other representatives from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.
10.Limitation of Liability.
a)USE OF VIRTUAL REALITY SOFTWARE, INCLUDING OUR GAMES, AND ANY THIRD-PARTY HARDWARE MAY AFFECT HEART AND BREATHING RATE, CAUSE UNINTENDED SIDE EFFECTS SUCH AS MOTION SICKNESS OR DISORIENTATION, OR AGGRAVATE PRE-EXISTING MEDICAL CONDITIONS. YOU EXPRESSLY WAIVE ARGARIUM’S LIABILITY FOR RISKS INHERENT IN THE USE OF VIRTUAL REALITY SOFTWARE, AND ARGARIUM WILL NOT BE LIABLE TO YOU FOR ANY CAUSE OF ACTION OR UNDER ANY THEORY OF LIABILITY ARISING FROM SUCH RISKS.
b)NEITHER ARGARIUM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARGARIUM OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
c)IN NO EVENT WILL ARGARIUM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF (i) AMOUNTS YOU HAVE PAID TO ARGARIUM IN THE TWELVE MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY FOR USE OF THE SERVICES OR CONTENT OR (ii) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ARGARIUM.
d)SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARGARIUM AND YOU.
11.Dispute Resolution; Binding Arbitration; Governing Law
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
(i)Binding Arbitration. All disputes arising out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration in the English language held in Tel Aviv, Israel, under the rules of the International Chamber of Commerce. The sole arbitrator shall be selected in accordance with the rules of the ICC. The arbitration panel shall award the prevailing Party its attorneys’ fees and costs, arbitration administrative fees, panel member fees and costs, and any other costs associated with the arbitration, the enforcement of any arbitration award and the costs and attorney’s fees involved in obtaining specific performance of an award; provided, however, that if the claims or defenses are granted in part and rejected in part, the arbitrator shall proportionately allocate between the Parties those arbitration expenses in accordance with the outcomes; provided, further, that the attorney’s fees and costs of enforcing a specific performance arbitral award shall always be paid by the non-enforcing Party, unless the applicable action was determined to be without merit by final, non-appealable decision. The arbitration panel may only award damages as provided for under the terms of this Agreement and in no event shall punitive, consequential and special damages be awarded. In the event of any conflict between the Rules and any provision of this Agreement, this Agreement shall govern.
(ii)Award Enforcement. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
(iii)Our Equitable Remedies. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.
(iv)Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of Israel applicable therein without giving effect to any choice or conflict of law provision or rule.
a)Entire Agreement. These Terms and any other document referred to in these Terms constitute the entire agreement between Argarium and you regarding the Services and Content. These Terms supersede and replace any and all prior oral or written understandings or agreements between Argarium and you regarding the Services and Content.
b)Changes to Terms or Services. We reserve the right to update these Terms at any time. If we do, the updated Terms will be communicated to you in accordance with Section 12(d). You must agree to these updates to continue using the Services. If you don’t agree to be bound by the updated Terms, then, except as otherwise explicitly stated in this agreement, you may not use the Services anymore. Since our Services are evolving over time we may also change or discontinue all or any part of the Services, at any time and without notice. We reserve the right to unilaterally deploy patches, updates, or upgrades to the Services.
c)Severability. To the extent the applicable law permits, the provisions of these Terms will be interpreted to the maximum extent possible. If any of the provisions in these Terms are held unenforceable, the remaining provisions will not be affected.
d)No assignment. You may not assign or transfer these Terms to another person.
e)Notices. Any notices or other communications provided by Argarium under these Terms, including those regarding modifications to these Terms, will be given (at our sole discretion): (i) via email; (ii) within the Game itself, or (ii) by posting on our Site.
f)No Waiver. Both parties’ actions and / or inactions will not create any other rights under these Terms except as what is explicitly written in these Terms. Argarium’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Argarium. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
g)Statutory Rights. Nothing in these Terms is intended to limit any statutory rights that you may have. In the event of an inconsistency between your statutory rights and these terms, your statutory rights will prevail.
If you have any questions about these Terms or the Services, please contact Argarium by mail at Argarium [firstname.lastname@example.org].
Last Updated: February, 23, 2022