LAST UPDATED: May 23, 2019
OONYX GAMES TERMS OF SERVICE
These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or OONYX Account to access, install or play as well as any OONYX Account you use to access online or mobile products or services (“OONYX Services”) offered by OONYX Media or any of its subsidiaries and affiliates (collectively, “OONYX”) for PC, game system or mobile device. These terms are an agreement between you and OONYX Media. If additional terms and/or agreements apply to the OONYX Service(s) used by you, those additional terms and/or agreements govern your use of OONYX Services as well.
You agree to check http://www.oonyxgames.com/support/legal-stuff/terms-of-service periodically for new information and terms that govern your use of OONYX Services. OONYX Media may modify the Terms of Service at any time. Revisions to terms affecting existing OONYX Services shall be effective thirty (30) days after posting at terms.oonyxgames.com. Terms for new OONYX Services are effective immediately upon posting at http://www.oonyxgames.com/support/legal-stuff/terms-of-service
Table of Contents
1. OONYX Account
4. Use and Expiration of Content and Entitlements/General License Restrictions
5. Content and Entitlement Availability
6. Contributing Third Party Content to OONYX Services
7. UGC License Grant to OONYX Games and Others
8. Paid Services
9. Termination of OONYX Services
10. Cancellation of your Account
11. Rules of Conduct
12. Services Not Controlled By OONYX Games
13. Software, Utilities and Tools
14. Export Control Laws
15. Updates to OONYX Services
16. Limitations on Warranty and Liability
18. Links to Third-Party Sites
19. General Terms
20. Dispute Resolution by Binding Arbitration
21. Entire Agreement
22. Notice to California Residents
23. Supplemental Terms
1. OONYX Account
An OONYX Account (“Account”) may be required to access and use some OONYX Services. If you have questions about Account registration, please contact us by visiting support.oonyxgames.com
To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the OONYX Service for which you are registering. In addition, some OONYX Services may require creation of a “user name” or a “persona” to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. OONYX will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
“Content” on OONYX Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from OONYX Services, as well as the design and appearance of our websites. Content includes user-generated Content (“UGC”). UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to OONYX Services. OONYX Content and UGC collectively shall be referred to as “Content.” All Content–with the exception of UGC discussed below in Section 6 and 7–is owned by OONYX or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on OONYX Services.
“Entitlements” are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of OONYX Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.
4. Use and Expiration of Content and Entitlements/General License Restrictions
OONYX grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the OONYX Services accessed by you. Content and Entitlements and all other intellectual property rights in or on OONYX Services as well as the products and services offered through OONYX Services, are owned by OONYX or OONYX ‘s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from an OONYX Service unless you are expressly authorized to do so. In addition, unless expressly authorized by OONYX, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the OONYX Services you are using.
OONYX reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of OONYX and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on OONYX Services may result in the termination of your Account(s), prohibition on use of OONYX Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless OONYX from any unauthorized or illegal conduct by you, or through the use of your Account, on OONYX Services.
5. OONYX Services, Content and Entitlement Availability
Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from OONYX or an authorized retailer. OONYX reserves the right to refuse your request(s) to acquire Entitlements, and OONYX reserves the right to limit or block any request to acquire Entitlements for any reason.
We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.
6. Contributing UGC to OONYX Services
OONYX does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to OONYX Services. You are solely responsible for your UGC and may be held liable for UGC that you post.
OONYX respects the intellectual property rights of others. You must have the legal right to upload UGC to OONYX Services. You may not upload or post any UGC on OONYX Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party’s right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. OONYX may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of OONYX’s or a third party’s intellectual property or other rights, OONYX may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.
OONYX reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when OONYX determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in OONYX ‘s sole and final discretion. To the maximum extent permitted by applicable law, OONYX does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.
7. UGC License Grant to OONYX and Others
When you contribute UGC to an OONYX Service, you expressly grant to OONYX and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant OONYX and its licensors all licenses, consents and clearances to enable OONYX and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the OONYX Service on which you contribute UGC permits other users to access and use that UGC as part of the OONYX Service, then you also grant all other users of the relevant OONYX Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant OONYX Service without further notice, attribution or compensation to you.
8. Paid Services
Some OONYX Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services, visit support.oonyxgames.com
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
OONYX reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an OONYX Service, OONYX will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the OONYX Service. You are responsible for reviewing the OONYX Service to obtain timely notice of such changes. Your continued use of the OONYX Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but OONYX will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of OONYX Services is subject to use or sales tax, then OONYX may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit support.oonyxgames.com
A. Payment Options. You may pay fees using the methods available for the particular OONYX Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by OONYX Service. When you provide credit card or other payment information to OONYX, you represent to OONYX that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit OONYX to automatically renew your subscription to an OONYX Service by charging a valid credit card number which you have provided to OONYX. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than OONYX ‘s then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify OONYX if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at support.oonyxgames.com. If you fail to provide OONYX any of the foregoing information, you agree that OONYX may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. OONYX reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to OONYX. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit support.oonyxgames.com.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
B. Trial Subscriptions. For some OONYX Services, OONYX may offer a free trial subscription. If you accept a free trial subscription, OONYX will begin to bill your Account for that OONYX Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using OONYX Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to OONYX. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
9. Termination of OONYX Services
OONYX may terminate access to any online or mobile products and/or OONYX Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular OONYX Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at OONYX’s discretion) provided to you via email or is posted on the applicable product or OONYX Service or on http://www.oonyxgames.com/service-updates.
OONYX may also terminate access to OONYX Services for violation of this Terms of Service, if OONYX (in its sole discretion) deems that your use of OONYX Services renders OONYX Services less safe for others and/or minors or for illegal or improper use of OONYX Services, Content, Entitlement, products, or OONYX’s Intellectual Property as determined by OONYX in its sole discretion. You may lose your user name and persona as a result of termination. If you have more than one (1) Account, OONYX may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to OONYX Services accessed by you, OONYX may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all OONYX Services or certain OONYX Services. You acknowledge that in such an instance OONYX is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all OONYX Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If OONYX terminates your Account, you may not participate in an OONYX Service again without OONYX ‘s express permission. OONYX reserves the right to refuse to keep Accounts for, and provide OONYX Services to, any individual. You may not allow individuals whose Accounts have been terminated by OONYX to use your Account.
If your Account, or a particular subscription for an OONYX Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all OONYX Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular OONYX Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at support.oonyxgames.com.
10. Cancellation of your Account
You have the right to cancel your Account or a particular subscription to an OONYX Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use OONYX Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with support.oonyxgames.com, including any dispute related to, or arising out of: (1) any term of this Terms of Service or OONYX’s enforcement or application of this Terms of Service; (2) the Content and Entitlements available through OONYX Services or any change in Content or Entitlements provided through OONYX Services; (3) your ability to access and/or use OONYX Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for OONYX Services and/or any Content or Entitlements thereon.
Contact OONYX’s Customer Service Department at support.oonyxgames.com to cancel your Account. OONYX reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an OONYX Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with OONYX Services must be settled before you establish a new Account.
11. Rules of Conduct
You may violate the Terms of Service if, as determined by OONYX in its sole discretion, you:
– Post, transmit, promote, or distribute Content that is illegal.
– Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
– Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated.
– Use abusive, offensive, or defamatory screen names and/or personas.
– Engage in disruptive behavior in chat areas, game areas, forums, or any other aspect of OONYX Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an OONYX Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
– Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
– Impersonate another person (including celebrities), indicate falsely that you are an OONYX employee or a representative of OONYX, or attempt to mislead users by indicating that you represent OONYX or any of OONYX’s partners or affiliates.
– Attempt to get a password, account information, or other private information from anyone else on OONYX Services.
– Upload any software or Content that you do not own or have permission to freely distribute.
– Violate any additional Rules of Conduct applicable to a specific OONYX Service that you are using.
– Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
– Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt OONYX Services.
– Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
– Improperly use in-game support or complaint buttons or make false reports to OONYX staff.
– Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
– Use any game hacking/altering/cheating software or tools.
– Modify or attempt to modify any file or any other part of the OONYX Service that OONYX does not specifically authorize you to modify.
– Post or communicate any person’s real-world personal information using an OONYX Service.
– Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an OONYX Service.
– Use and communicate exploits and/or cheats.
– Attempt to use OONYX Software on or through any service that is not controlled or authorized by OONYX GAMES. Any such use is at your own risk and may subject you to additional or different terms. OONYX takes no responsibility for your use of OONYX Software on or through any service that is not controlled by OONYX GAMES.
– Interfere with the ability of others to enjoy playing an OONYX Service or take actions that interfere with or materially increase the cost to provide an OONYX Service for the enjoyment of all its users.
– Unless expressly authorized by OONYX, you may not sell, buy, trade or otherwise transfer your Account or any personal access to OONYX Services, Content or Entitlements, including by use of auction websites.
– You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
– Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
– Abuse or exploit bugs, undocumented features, design errors or problems in the game.
– “Role–playing” is not an excuse for violating this or any other policy.
Specific OONYX Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use OONYX Services. OONYX reserves the right to terminate your Account and to prevent your use of any and all OONYX Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
Unless otherwise specified, there is no requirement or expectation that OONYX will monitor or record any online activity on OONYX Services, including communications. However, OONYX reserves the right to access and/or record any online activity on OONYX Services and you give OONYX your express consent to access and record your activities. OONYX reserves the right to remove any content from any OONYX Service at OONYX’s sole discretion. OONYX has no liability for your or any third party’s violation of this Agreement.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to OONYX using the “Help” or “Report Abuse” functions in the relevant OONYX Service, if available, or contact Customer Support at support.oonyxgames.com.
12. Services Not Controlled By OONYX
Some products may give you the option of using OONYX Software on or through a service that is not controlled by OONYX. For example, you may be given the option to play OONYX Software online on servers not owned or controlled by OONYX. OONYX takes no responsibility for your use of OONYX Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-OONYX controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
13. Software, Utilities and Tools
OONYX Services may require or allow you to download software, software updates or patches, or other utilities and tools from OONYX or its licensors onto your computer, entertainment system or device (“OONYX Software”). OONYX grants to you a non-exclusive, limited license to use OONYX Software solely for the purpose stated by OONYX at the time the OONYX Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the OONYX Software, your use of the OONYX Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access OONYX Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from OONYX Software. You may not modify OONYX Software or use it in any way not expressly authorized in writing by OONYX. You understand that OONYX’s introduction of various technologies may not be consistent across all platforms and that the performance of OONYX Software and related OONYX Services may vary depending on your computer and other equipment.
From time to time, OONYX Media may provide you with updates or modifications to OONYX Software. You understand that certain updates and modifications may be required in order to continue use the OONYX Software and OONYX Services.
14. Export Control Laws
OONYX Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading OONYX Software from OONYX, you warrant that you are not located in any country, or exporting OONYX Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or OONYX Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to OONYX Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
15. Updates to OONYX Services
IMPORTANT: OONYX MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF OONYX SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. OONYX RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
16. Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF OONYX SERVICES, OONYX SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. OONYX SERVICES, OONYX SOFTWARE, OONYX PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF OONYX SOFTWARE OR OONYX SERVICES. OONYX DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. OONYX PROVIDES OONYX SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OONYX SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT OONYX WILL HAVE ADEQUATE CAPACITY FOR OONYX SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OONYX OR ITS LICENSORS ARISING OUT OF OR RELATING TO OONYX SERVICES AND/OR OONYX PRODUCTS IS TO STOP USING OONYX SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT OONYX, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OONYX SERVICES OR USE OF OONYX SOFTWARE. IN NO CASE SHALL OONYX’S OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “OONYX AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO OONYX FOR OONYX SERVICES. IN NO CASE SHALL OONYX, ITS LICENSORS OR OONYX AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OONYX SERVICES, OONYX SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OONYX SERVICES OR ACCOUNTS. WHILE OONYX USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, OONYX AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY OONYX SERVICE, CONTENT, OONYX SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OONYX’S, OONYX’S LICENSORS’ AND OONYX AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. OONYX DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH OONYX AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon OONYX’s and/or its licensors’ request, you agree to defend, indemnify and hold harmless OONYX, its licensors and OONYX Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through OONYX Services. Without limiting the generality of the foregoing, you agree to indemnify and hold OONYX and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of OONYX Services and for all of your communication and activity on OONYX Services, including any Content you contribute, and that you will indemnify and hold harmless OONYX, OONYX’s licensors and OONYX Affiliates from any liability or damages arising from your conduct on OONYX Services, including any Content that you contribute.
OONYX and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to OONYX and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.
18. Links to Third-Party Sites
OONYX Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. OONYX does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
19. General Terms
B. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of OONYX, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of OONYX to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by OONYX.
D. Governing Law. The laws of the Netherlands, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with OONYX, arising out of or relating in any way to your Account(s) or your use of OONYX Services resides in the federal and state courts within the jurisdiction of the Netherlands District Court and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving OONYX or OONYX Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.
20. Entire Agreement
21. Supplemental Terms
Additional Terms and Conditions for Specific OONYX Services
Certain OONYX Services may require you to read and agree to terms and conditions that are specific to that OONYX Service. Your right to use that OONYX Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, OONYX will be the final and sole arbiter of any such inconsistencies.
In its sole discretion, OONYX may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to OONYX (and to OONYX only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a “Beta Test.” You must sign and return to OONYX a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Beta Test BEFORE you will be allowed to be a tester (“Tester”) and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.
In connection with the Beta Test, OONYX may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the OONYX site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of OONYX. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to OONYX, and OONYX is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until OONYX publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to OONYX all copies of the pre-release copy and confidential or proprietary information OONYX provided to you.
As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied.
When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a “Play” button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) OONYX has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) OONYX’s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.
Adobe® Flash® Player. Copyright © 1996 – 2012. Adobe Systems Incorporated. All Rights Reserved. Patents pending in the United States and other countries. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries.
Adobe® Shockwave® Player. Copyright © 1996 – 2012. Adobe Systems Incorporated. All Rights Reserved. Adobe and Shockwave are either trademarks or registered trademarks in the United States and/or other countries.
Adobe® AIR™. Copyright © 2007 – 2012. Adobe Systems Incorporated. All Rights Reserved. Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries.