AGHANIM INC
GENERAL USER LICENSE AND TERMS OF USE
IMPORTANT NOTICE:
The following end user license and terms of use (“End User Agreement”) applies to all use of each version and iteration of the Aghanim application (including the Aghanim website and the integrated suite of tools and services relating to payment processing, monetization, live operations automation, community management, and the creation of hubs in connection with games, 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) (“Application”) as made available by Aghanim Inc (“Aghanim”), browsing any of our website(s) and the purchase of items and other content (“Content”) through the Application. For the avoidance of doubt, the Application includes the software application itself, our website(s) and any related online or electronic documentation.
PLEASE READ THIS END USER AGREEMENT CAREFULLY BEFORE USING ANY PART OF THE APPLICATION AND PURCHASING ANY CONTENT. IF YOU HAVE QUERIES CONCERNING THIS END USER AGREEMENT YOU MAY CONTACT US HERE: support@aghanim.com.
PLEASE ALSO SEE OUR APPLICATION PRIVACY AND COOKIES POLICY HERE: https://aghanim.com/privacy.
1. INTRODUCTION
1.1 This Application has been created by and is the property of Aghanim. Aghanim is also referred to as “us”, “we”, and “our” in this End User Agreement. Our registered office is at 254 Chapman Rd Ste 208, Newark, Delaware 19702-5422, United States, with EIN 93-2059669.
1.2 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 APPLICATION AND THE PURCHASE OF CONTENT SO PLEASE READ THIS CAREFULLY.
1.3 BY USING THE APPLICATION YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS END USER AGREEMENT. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO USE THE APPLICATION. BY USING THE APPLICATION, AND WITH THE APPLICATION BEING PROVIDED BY AGHANIM (AS DEFINED HEREIN), BOTH YOU AND AGHANIM ARE AGREEING TO BE BOUND BY THESE TERMS.
2. ELIGIBILITY
2.1 To use the Application, you must be at least 13 years old. By agreeing to these 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 Application; and (c) your registration and use of the Application comply with all applicable laws and regulations.
3. IMPORTANT TERMS
3.1 Any use, reproduction or redistribution of any part of the Application or Content except in accordance with this End User Agreement is expressly prohibited.
3.2 This End User Agreement limits our liability as set out in Clause 12 below.
3.3 If you are under the age specified in the Application with respect to the relevant Content you must not access or purchase that Content
3.4 If you are under the age of majority, you must have a parent or guardian agree to this End User Agreement on your behalf.
3.5 By using the Application you confirm that you will comply with the terms of this End User Agreement and by purchasing any Content on the Application you confirm that you are the age required by the age rating designated on the Application for that Content or older.
4. THIRD PARTY SERVICES
We may link to, incorporate or use third party software and services within the Application. 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 Application.
5. INTELLECTUAL PROPERTY
5.1 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 Application and any Content anywhere in the world belong to us and/or our licensors. Allrightsareassertedandreserved,saveforthosegrantedunderthis End User Agreement. The Application 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 this End User Agreement.
5.2 During the term of this End User Agreement, we hereby grant you a non-exclusive, personal, revocable, non-transferable license to use the Application on systems or devices which you own or legitimately control and which have the necessary specifications to run and operate the Application.
5.3 All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation thereto.
5.4 If you are a rights owner (or agent acting for a rights owner) and believe that any Content made available through the Application 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:
5.4.1 details of the content you claim is infringed, together with sufficient information for us to identify the relevant Content within the Application which you allege infringes your rights;
5.4.2 sufficient contact information (including email address) for us to contact you to discuss your claim; and
5.4.3 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.
6. PURCHASES, PAYMENT AND REFUNDS
6.1 Subject to the terms of this End User Agreement you may purchase Content on the Application and use such Content in the third party game to which such Content relates (the “Game”).
6.2 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 Application, the Game and subject to your compliance with the terms of this End User Agreement and any applicable terms and conditions in connection with the Game. If you purchase Content from us, 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 third party Games. These will be made available to you at the time of each purchase.
6.3 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 Agreement.
6.4 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 the Schedule and subject to your mandatory consumer rights.
6.5 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.
6.6 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 terms may change from time to time, and if such terms become inconsistent with this End User Agreement then, where there are conflicts, the relevant payment processor terms will take precedence.
7. SYSTEM AND APPLICATION REQUIREMENTS
7.1 The Application 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 Application 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 platform. We may require you to update the Application.
7.2 You will require an internet connection, which you must legitimately procure at your own expense, to use the Application and purchase Content.
8. ACCOUNTS
8.1 You will need to have a user account for the Game in order to use and access some of the Application (“Game Account”). You may also opt to set up a separate account for the Application allowing you to store payment methods for future purchases (“Application Account”). To set up a Application Account, you will need to register by submitting certain information such as an email address and phone number.
8.2 You agree, accept and understand that:
8.2.1 you will ensure that information provided to, and held about you by, us is accurate and up to date;
8.2.2 you are and shall remain responsible for maintaining the confidentiality of any account credentials; and
8.2.3 you are solely liable for any use of the Application using the Game Account and, if applicable, Application Account.
8.3 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 Application 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 our Application, as updated from time to time.
9. INDEMNITY / COMPENSATION
9.1 You hereby agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (whether direct or indirect and including legal fees) relating to or arising from your use of the Application or arising from any breach or suspected breach of this End User Agreement by or directed by you or your violation of any applicable law, regulation, code of conduct or the violation or infringement of the rights of any third party.
9.2 You further agree that we would suffer irreparable damage if the terms of this End User Agreement were not specifically enforced. Therefore, you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedy with respect to any breach of this End User Agreement, in addition to such other remedies as we might otherwise have available under applicable laws.
10. TERM AND TERMINATION
10.1 This End User Agreement takes effect upon the earlier of your registration for, or use of, the Application and remains effective until terminated by either of us. You may terminate this End User Agreement at any time by deleting your account. The End User Agreement shall automatically terminate if you fail to comply with any term or condition of this End User Agreement. Upon termination you shall cease all use of the Application.
10.2 The following clauses of the End User Agreement shall survive termination: Clause 5 (Intellectual Property), Clause 6.2 (with respect to any validly purchased Content), Clause 9 (Indemnity/Compensation), Clause 10 (Term and Termination), Clause 12 (Limitation of Liability) and Clauses 16-19 inclusive (General Provisions).
11. SUPPORT AND CONTACTING US
The Application is provided “as is”. However, if you need any help and support, please contact us at support@aghanim.com and we shall endeavor to assist you.
12. OUR LIMITATIONS OF LIABILITY
12.1 Subject to Clause 12.4, we are only responsible to you for foreseeable loss and damage caused directly by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our materially breaching these terms or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
12.3 Nothing in this End User Agreement shall limit your statutory consumer rights. Notwithstanding other terms in this End User Agreement, if, because of a defect, the Application or Content damage your device or digital content belonging to you, and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
12.4 We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity through your use of the Application (whether direct or indirect).
12.5 We recommend that you back up any content and data used in connection with the Application, to protect yourself in case of problems with the Application.
12.6 Check that the Application and Content is suitable for you. The Application and Content have not been developed to meet your individual requirements. Please check that the facilities and functions of the Application and Content meet your requirements.
12.7 We are not responsible for events outside our control. If the provision of, or our support for, the Application or Content is prevented or delayed by an event outside our control, then we will contact you as soon as possible after we are made aware, provided that it is possible for us to let you know, and we will take steps to minimize the effect of such events. You agree that, provided we do this, we will not be liable for interruptions or delays caused by the event.
12.8 You acknowledge and accept that it is your responsibility to ensure that Content is appropriate for you and/or audiences who view Content via your account. If you are in doubt, you should not view, or facilitate third parties to view, the Content. Aghanim accepts no liability for any incorrect age ratings or Content accessible via the Application.
12.9 Our maximum aggregate liability under or in connection with this End User Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of (i) £10, and (ii) an amount equal to the total price paid by you for Content purchased on the Application. This does not apply to the types of loss set out in condition 12.2.
12.10 You acknowledge that the Content and the Application may be updated, altered or removed at any time without notice to you.
12.11 The Application and Content is provided “as is” and on an “as available” basis without any representation, endorsement or warranty of any kind other than that it will be of satisfactory quality, as described, and fit for purpose.
12.12 Subject to the warranties set out in clause 11.11, we do not guarantee that: (i) the Application or any Content will be free of errors, viruses or bugs or other defects; (ii) the Application or any Content or information displayed or distributed through the Application or in the accompanying documentation will be accurate or complete; (iii) any defects in the Application or Content will be corrected; or (iv) operation of the Application or any Content will be uninterrupted.
13. RESTRICTIONS
13.1 In using the Application, you agree that you shall not:
13.1.1 hack, attempt to hack, modify, adapt, merge, translate, disassemble, decompile or reverse engineer or create derivative works out of any part of the Application or any Content or information contained in it, to the fullest extent permitted by applicable law;
13.1.2 make the Application available to any third party, whether directly or indirectly;
13.1.3 use or deal in the Application except as permitted by the terms of this End User Agreement;
13.1.4 make any commercial use of the Application or Content, or any part of it;
13.1.5 use the Application or process or use the Content or information contained on or within the Application unfairly or for any illegal or immoral purpose;
13.1.6 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 Application or Content in any way except as expressly permitted by this End User Agreement;
13.1.7 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 Application or the Content;
13.1.8 create or attempt to create software which replicates or mimics any data or functionality in the Application or Content; or
13.1.9 remove, disable or circumvent any copy protection software contained on or within the Application or Content.
13.2 Notwithstanding Clause 12.1, you may reverse engineer, decompile or disassemble the Application only insofar as you are entitled to do so by the Copyright, Designs and Patents Act 1988 or other applicable law.
13.3 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.
14. NO WAIVER
No waiver by us of any failure by you to comply with or perform a provision of this End User Agreement shall constitute a waiver of any preceding or subsequent failure.
15. ASSIGNMENT
This End User Agreement is personal to you. You may not assign, sub-license, transfer or otherwise dispose of your rights or obligations under this agreement.
16. CHANGES TO THIS END USER AGREEMENT
We may change this End User Agreement 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 Application from time to time in case of updates to this End User Agreement. If you continue to use our Application following any such change then the new End User Agreement will apply.
17. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
17.1 Should you have any queries or complaints, please get in touch via the contact information set out above.
17.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider.
18. SEVERANCE
If any provisions of this End User Agreement are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
19. GOVERNING LAW AND JURISDICTION
19.1 Subject always to applicable mandatory consumer protections (should these be deemed to apply) including those of your country:
19.1.1 in the event of any dispute between you and us regarding this End User Agreement and/or your use of the Application, the laws of California will apply; and
19.1.2 you agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in the California courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there.
SCHEDULE REFUND POLICY
Where you agree that we may begin to supply you with Content immediately or before the end of any applicable cooling off period then you will not be entitled to change your mind about your purchase and obtain a refund.
Otherwise, if you purchase Content from the Application directly you may be entitled to cancel the purchase within 14 days and receive a full refund if you are an EU or UK resident and you have not accessed the purchased Content (your "Cooling-Off Right").
If you have made a purchase from Aghanim, are entitled to a Cooling-Off Right and wish to exercise your Cooling-Off Right you can contact us by email or post using the following form:
To: Aghanim Inc
254 Chapman Rd Ste 208, Newark, Delaware 19702-5422, United States.
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], for game [INSERT GAME NAME], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL / TELEPHONE (optional)]
Date: [DATE]