AGHANIM INC
END USER LICENSE AND TERMS OF USE
(Last updated November 12, 2024)
IMPORTANT NOTICE:
The following End User License and Terms of Use (or “End User Terms”) are a binding contract between Aghanim Inc. with a registered office at 254 Chapman Rd, Ste 208, Newark, Delaware, 19702-5422, with EIN 93-2059669 (“Aghanim” or "we", "us") and you as an end user (“End User” or “you”) of our Environment , or other items, services, features, and other content (“Content”) you may purchase through the Environment. The “Environment” means the Aghanim integrated suite of tools and services designed to enable and enhance payment processing, monetization, live operations automation, community management, and the creation of bespoke website(s) in connection with the Game(s) that serves as a central hub for these activities (“Hub”), including without limitation any and all versions and updates of the same, and all other necessary software, websites and/or other applicable platforms operated by Aghanim and related applications, products, software and other materials under the “Aghanim” brand. For the avoidance of doubt, the Environment includes the software application itself and any related online or electronic documentation. These End User Terms apply to all use of each version and iteration of the Environment, website, and other services used by you as an End User and incorporate by reference our General Service Terms.
1. INTRODUCTION
1.1 The Environment was created by and is the property of Aghanim. Aghanim is also referred to as “us”, “we”, and “our” in this End User Terms. Our registered office is at 254 Chapman Rd Ste 208, Newark, Delaware 19702-5422, United States, with EIN 93-2059669.
1.2 The Environment enables you to access or purchase Content related to various Games. Aghanim operates as an authorized distributor and reseller of this Content under agreements with the respective Game Developers. It’s important to note that Aghanim functions independently from the Game Developers, and these End User Terms govern solely your use of the Aghanim Environment. Consequently, your use of the Games available on the Environment will be governed by the respective Game Developers’ terms and conditions.
1.3 THE TERMS AND CONDITIONS BELOW, INCLUDING THE REFUND POLICY IN THE SCHEDULE, SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE USE OF THE ENVIRONMENT AND THE PURCHASE OF CONTENT SO PLEASE READ THIS CAREFULLY.
1.4 BY USING THE ENVIRONMENT, YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS END USER TERMS. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE END USER TERMS, THEN YOU ARE NOT PERMITTED TO USE THE ENVIRONMENT. BY USING THE ENVIRONMENT, AND WITH THE ENVIRONMENT BEING PROVIDED BY AGHANIM (AS DEFINED HEREIN), BOTH YOU AND AGHANIM AGREE TO BE BOUND BY THESE END USER TERMS.
2. IMPORTANT TERMS
2.1 Developers of Games represented on the Environment may send marketing or other communications to End Users through the Environment. Developers are solely responsible for the communications they send through the Environment. End Users can opt-out of these communications by contacting the Developer or by requesting assistance from support@aghanim.com.
2.2 You understand and agree that Aghanim is not a party to any agreement between you and any Developer, and we shall not be liable to any party in relation to any dispute between and End User and Developer or any third party.
2.3 Any use, reproduction, or redistribution of any part of the Environment or Content except in accordance with this End User Terms is expressly prohibited.
3. ELIGIBILITY
3.1 To use the Environment, you must be at least 13 years old. By agreeing to these End User Terms, you affirm and guarantee to us that: (a) you are 13 years of age or older; (b) you have never been suspended or removed from the Environment; and (c) your registration and use of the Environment comply with all applicable laws and regulations.
3.2 By using the Environment, you confirm that you will comply with the terms of this End User Terms and by purchasing any Content on the Environment you confirm that you are the age required by the age rating designated on the Environment for that Content or older.
3.3 Pursuant to the General Service Terms, (ii) if you are under the age of majority, you must have a parent or legal guardian agree to these End User Terms on your behalf and (ii) if you are under the age specified in the Environment with respect to a Game or Content you must not access or purchase that Game or Content.
4. ACCOUNTS
4.1 You will need to register and create an account to user certain features on the Environment (“Account”). To set up an Account, you will need to register by submitting certain information such as an email address and phone number.
4.2 You agree, accept, and understand that:
4.2.1 you will ensure that information provided to, and held about you by, us is accurate and up to date;
4.2.2 you are and shall remain responsible for maintaining the confidentiality of any account credentials; and
4.2.3 you are solely liable for any use of the Environment using your Account and, if applicable, Application Account.
4.3 It is your responsibility to check that the Content accessed and purchased via your account is suitable for you or the relevant audience. Certain Content may be inappropriate for certain audiences. The Environment will display age ratings for the Content, and you may not access or purchase such Content if you are below the designated age rating. These age ratings can be found on the relevant page of the Environment, as updated from time to time.
4.4 In some cases, you may access the Environment through your account on a third-party Environment (your “Game Account”). These End User Terms do not govern your Game Account; however, you understand and agree that the terms and conditions of your Game Account also apply when you access the Environment through your Game Account.
5. PURCHASES, PAYMENTS, AND REFUNDS
5.1 Subject to the terms of this End User Terms you may purchase Content on the Environment and/or through a Developer’s Game Hub (as defined in the Developer Terms) for use in the third-party game to which such Content relates (each a “Game”). When purchasing through our Environment, including through any Hub, you are purchasing Content directly from us.
5.2 You acknowledge that where this End User License and Terms of Use describes Content as being “for sale” or “purchased,” it refers to a license that may be granted to you to use the Content offered. We may offer this license through the Environment or any other platform of our choosing, at our discretion. When purchasing Content from us, you understand that you do not own the Content. You only have a non-exclusive, non-transferable license to use it, for its permitted uses, as may be amended and notified to you from time to time, in connection with the Environment, any Game Hub or Game you access via the Environment, and subject to your compliance with these End User Terms and any applicable terms and conditions in connection with a Game Hub or Game. If you purchase Content via the Environment, the purchase will be subject to our then applicable terms of sale, including any additional fees that are applicable for Content that can be used in Games. These will be made available to you at the time of each purchase.
5.3 You understand and agree that Content has no cash or redemption value and your license to use it will be suspended and/or terminated if you are denied access to your account or your account is shut down, frozen or terminated for any reason in accordance with this End User Terms.
5.4 We shall have no obligation to make any refund or otherwise compensate you in any amount, unless expressly indicated otherwise in accordance with our Refund Policy in Section 15.1 of the General Service Terms and subject to your mandatory consumer rights.
5.5 You are not permitted to trade, exchange, sell, rent, or otherwise transfer or deal in the Content or your account, without our prior written permission. You shall not access or use any account or Content which has been traded, exchanged, sold, rented, or otherwise transferred or dealt in.
5.6 By purchasing the Content, you acknowledge that you have reviewed and accepted our third-party payment processor terms and conditions (if any) as may be made available to you at the time of purchase. These End User Terms may change from time to time, and if such terms become inconsistent with these End User Terms, then, where there are conflicts, the relevant payment processor terms will take precedence.
6. USING THE ENVIRONMENT
6.1 Aghanim cares about the safety of End Users. We encourage you to report any content or material on the Environment that appears to recruit, entice, advertise, or solicit any person to disclose private information or perform a sexual act or any unlawful act. You understand that you may encounter materials or Content on the Environment that you feel are offensive, indecent, or objectionable, content that may or may not be identified as having explicit language, and content that may contain links or references to objectionable material. You agree to use the Environment at your sole risk and that Aghanim shall have no liability to you for content that may be found to be offensive, indecent, objectionable, inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise. YOU ACCESS AND USE THE ENVIRONMENT AT YOUR OWN RISK.
6.2 Aghanim offers no guarantee that the Environment can be accessed from, displayed on, or linked to from your device. The Environment are not available in all languages or in all countries. We make no representation that the Environment are appropriate or available for use in any particular location. To the extent you choose to access and use the Environment or other services thereon, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
6.3 You may experience fatigue, nausea or vertigo while using certain Game or features, such as certain light or color patterns, virtual reality or alternate reality, or hardware use. In rare instances, some Players may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds may induce an epileptic seizure, even in those who have no history of prior seizures or epilepsy. Certain physical, neurological, psychological, or emotional issues, conditions or problems may arise, or may be affected, triggered, or exacerbated by you playing a Game. It is your responsibility to contact your healthcare provider to determine if any preexisting condition, or actual or potential problem in your physical, mental, or emotional health, could be affected by playing a Game.
6.4 The Environment is made available to End Users for entertainment purposes and personal, non-commercial use only. You are strictly prohibited from engaging in any commercial conduct on the Environment or from using the Environment for any purpose not expressly authorized by Aghanim, including, without limitation: (i) gathering in-Game currency, items, or resources for sale outside of the Environment; (ii) performing in-Game services such as account boosting or power-leveling in exchange for payment of any kind; (iii) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation, or offer through or within the Environment; or (iv) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, the Environment, whether or not such conduct constitutes gambling under applicable laws.
7. INTELLECTUAL PROPERTY
7.1 Unless otherwise expressly specified, all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefore and other intellectual property rights (together “Intellectual Property Rights”) in the Environment and any Content anywhere in the world belong to us and/or our licensors. All rights are asserted and reserved, save for those granted under this End User Terms. The Environment or Content may contain licensed materials and you hereby acknowledge that our licensors may act to protect their interests in the event of any breach of these End User Terms.
7.2 During the term of this End User Terms, we hereby grant you a non-exclusive, personal, revocable, non-transferable license to use the Environment on systems or devices which you own or legitimately control, and which have the necessary specifications to run and operate the Environment.
7.3 All third-party trade names and trademarks are the property of their respective owners, and we make no warranty or representation in relation thereto.
7.4 If you are a rights owner (or agent acting for a rights owner) and believe that any Content made available through the Environment infringes your Intellectual Property Rights and you wish us to remove it or suspend/disable access to it, contact us at support@aghanim.com with “Notice & Takedown” in the subject line. In your message you must set out the following information:
7.4.1 details of the content you claim is infringed, together with sufficient information for us to identify the relevant Content within the Environment which you allege infringes your rights;
7.4.2 sufficient contact information (including email address) for us to contact you to discuss your claim; and
7.4.3 a statement that: you are the rights holder, or duly authorized by the rights holder to act on their behalf; you believe in good faith that the use of the content complained of is not authorized by you or the rights owner; and the information you supply in your notice is true and complete.
8. SYSTEM AND APPLICATION REQUIREMENTS
8.1 The Environment has been developed to work on the latest compatible version of the operating system and/or browser available at the time of its release. Operating system vendors may from time to time modify or update their software. We may, but shall not be obligated to, update the Environment to ensure that its functionality and performance continue with any such modification or update. You shall ensure that you are using the latest compatible public release of any such operating system or Application. We may require you to update the Environment.
8.2 You will require an internet connection, which you must legitimately procure at your own expense, to use the Environment and purchase Content.
9. THIRD PARTY SERVICES
We may link to, incorporate, or use third-party software or services within the Environment. Use of any such software or services is subject to the applicable terms of those third parties at the relevant time. You agree that you will comply with any such third-party terms and conditions when using the Environment.
10. TERM AND TERMINATION
10.1 This End User Terms takes effect upon the earlier of your registration for, or use of, the Environment and remains effective until terminated by either of us. You may terminate this End User Terms at any time by deleting your account. The End User Terms shall automatically terminate if you fail to comply with any term or condition of this End User Terms. Upon termination you shall cease all use of the Environment.
10.2 The following clauses of the End User Terms shall survive termination: Clauses 2 (Important Terms), 5 (Purchases, Payments, and Refunds), 7 (Intellectual Property), and 13 (General Provisions).
11. SUPPORT AND CONTACTING US
THE ENVIRONMENT AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. However, if you need help or support, please contact us at support@aghanim.com and we will endeavor to assist you.
12. RESTRICTIONS
12.1 In using the Environment, you agree that you shall not:
12.1.1 hack, attempt to hack, modify, adapt, merge, translate, disassemble, decompile or reverse engineer or create derivative works out of any part of the Environment or any Content or information contained in it, to the fullest extent permitted by applicable law;
12.1.2 make the Environment available to any third party, whether directly or indirectly;
12.1.3 use or deal in the Environment except as permitted by the terms of this End User Terms;
12.1.4 make any commercial use of the Environment or Content, or any part of it;
12.1.5 use the Environment or process or use the Content or information contained on or within the Environment unfairly or for any illegal or immoral purpose;
12.1.6 sell, distribute, reproduce, transfer, publicly display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Environment or Content in any way except as expressly permitted by this End User Terms;
12.1.7 remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Environment or the Content;
12.1.8 create or attempt to create software which replicates or mimics any data or functionality in the Environment or Content; or
12.1.9 remove, disable or circumvent any copy protection software contained on or within the Environment or Content.
12.2 Notwithstanding Clause 13.1, you may reverse engineer, decompile or disassemble the Environment only insofar as you are entitled to do so by the Copyright, Designs and Patents Act 1988 or other applicable law.
12.3 All works or copies of works arising from activities permitted by Clause 12.2 shall belong to, vest in and be the exclusive property of us upon creation, and you shall permanently delete all such works in your possession or control immediately once you have concluded those activities. You hereby assign (by way of present and, where appropriate, future assignment) all such rights to us. You shall and shall use all reasonable endeavors to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to any such assignment.
13. GENERAL TERMS
13.1 The General Service Terms are incorporated by reference into these End User Service Terms and shall apply to these End User Service Terms in all respects. Without limiting the generality of the foregoing, 11 (Disclaimer of Warranties), 12 (Indemnity), 13 (Our Limitations of Liability), 14 (Dispute Resolution), and 15 (General Provisions) of the General Service Terms apply to these End User Service Terms with full force and effect. In the event of a conflict between the General Service Terms and these End User Service Terms, the terms and conditions of these End User Service Terms shall govern with respect to the subject matter herein, and the General Service Terms shall govern with respect to all other subjects.
13.2 We may change these End User Terms at any time for any legal, regulatory or security reason, or for any other reason that we decide at our absolute discretion. Please check back on the Environment from time to time in case of updates to this End User Terms. If you continue to use the Environment following any such change, then the new End User Terms will apply.