LOOTER GAMES T
ERMS AND CONDITIONS
Last Updated July17th
,
2023
PLEASE READ THIS THESE TERMS OF
SERVICE CAREFULLY BEFORE USING OUR GAMES. BY USING ANY GAMES PROVIDED BY US, YOU SIGNIFY YOUR ASSENT
TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE
THE GAMES. USE OF GAMES IS ALSO SUBJECT TO OUR PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY THIS
REFERENCE.
Your access to and use of all
games and/or apps licensed to customers by
LOOTER
G
AMES
(“we”) via the Site or
third party providers (the “Games”), is subject to the following terms and conditions ("Terms and
Conditions"), all terms and conditions of any agreement provided by any third party provider, and
all applicable laws. In addition, we require your express acceptance to these Terms and Conditions
and the Privacy Policy, the terms of which are incorporated herein by reference, when you register
to access and use the services (such as chat rooms, in game chat messaging, bulletin boards, etc.)
provided by us (collectively the “Services). If you do not agree to be bound by these Terms and
Conditions or the Privacy Policy, then you are not permitted to register for access or use of the
Services and are not to use or access the Services. By accessing and browsing the Site, you accept,
without limitation or qualification, the Terms and Conditions and acknowledge that any other
agreements between you and us are superseded and of no force or effect:
1.Subject to your agreement and
continuing compliance with these Terms and Conditions and any other relevant policies, we grant you
a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and
use the Service for your own non-commercial entertainment purposes. You agree not to use the Service
for any other purpose.
The following restrictions apply
to the use of the Service:
- You shall not create an Account
or access the Service if you are under the age of 13; You shall restrict use by minors, and you will
deny access to children under the age of 13. You accept full responsibility for any unauthorized use
of the Service by minors. You are responsible for any use of your credit card or other payment
instrument by minors.
- You shall not (or attempt to)
purchase, sell, rent or give away your Account, create an Account using a false identity or
information, or on behalf of someone other than yourself; You shall not use the Service if you have
previously been removed by us, or previously been banned from playing any our games.
- You shall use your Account only
for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any
commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading
messages to anyone.
2.All Games, text, data, graphics
files, sound files and other materials contained in the Site and/or promoted or made available on
the Site and/or through the Services are copyrighted unless otherwise noted and are the property of
us and/or a supplier to us. No such materials may be used except as provided in these Terms and
Conditions.
3.All trade names, trademarks,
and images and biographical information of people contained in the Site, the Services and/or any
Games are either the property of, or used with permission by, us. The use of these materials by you
is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of
these materials may violate the copyright, trademark, and other proprietary rights of us and/or
third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Nothing contained in this Agreement, and Game, or in the Site shall be construed as granting, by
implication or otherwise, any license or right to use any Trademark or other proprietary information
without the express written consent of the owner thereof.
4.Any and all virtual goods
and/or virtual currency provided by the Site, the Services, or as part of any Game are provided
solely for your personal entertainment and use solely as part of your use and enjoyment of the
Games. Their use is subject to these Terms and Conditions as applicable. All virtual goods and
virtual currency are licensed to you, are not your personal property, and no ownership interest in
them is transferred to you. The prices charged and the quantities made available, as well as the
kinds of virtual goods and virtual currencies made available, may be changed by us at any time and
with or without notice in its sole discretion. Any and all such virtual goods and virtual currency
may also be changed or discontinued at any time with or without notice by us in its sole discretion.
No virtual goods or virtual currency may ever be redeemed by you for money, services, merchandise,
or other goods or items of monetary value from us or any other third party.
5.While we use reasonable efforts
to include accurate and up to date information in the Site and the Services, as well as the Games,
we make no warranties or representations as to its accuracy. we assume no liability or
responsibility for any errors or omissions in the content of the Site, the Services and/or any
Game.
6.When you register with the
Services and/or any Game, you expressly consent to receive any notices, announcements, agreements,
disclosures, reports, documents, communications concerning new products or services, or other
records or correspondence from us. You consent to receive notices electronically by way of
transmitting the notice to you by email.
7.We will use commercially
reasonable efforts to restrict unauthorized access to our data and files. However, no system whether
or not password protected can be entirely impenetrable. You acknowledge that it may be possible for
an unauthorized third party to access, view, copy, modify, or distribute the data and files you
store using the Site, the Services, and/or any game. Use of the Site, the Services and/or any Game
is completely at your own risk.
8.Your use of the Services
(including any chat rooms, in-game messaging, bulletin boards, etc.), and/or any Game, in connection
with any of those shall governed by these Terms and Conditions. You agree that you will not, under
any circumstances:
- Engage in any act that we deem
to be in conflict with the spirit or intent of the Service or make improper use of our support
services.
- Reverse engineer, decompile,
disassemble, decipher or otherwise attempt to derive the source code for any underlying software or
other intellectual property used to provide the Service or any our games, or to obtain any
information from the Service or any our games using any method not expressly permitted by
us.
- Use or take part (directly or
indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any
unauthorized third-party software designed to modify or interfere with the Service or any our
games.
- Modify or cause to be modified
any files that are a part of the Service or any our games without our express written
consent.
- Institute, assist, or become
involved in any type of attack, including without limitation distribution of a virus, denial of
service attacks upon the Service, or other attempts to disrupt the Service or any other person's use
or enjoyment of the Service.
- Post any information that is
abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or
otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly
posting information on an unsolicited basis.
- Post any information that
contains nudity, excessive violence, or offensive subject matter or that contains a link to such
content.
- Collect or post anyone's
private information, including personally identifiable information (whether in text, image or video
form), identification documents, or financial information through the Service.
- Attempt to, or harass, abuse,
or harm, or advocate or incite harassment, abuse, or harm of another person, group.
- Make available through the
Service any material or information that infringes any copyright, trademark, patent, trade secret,
right of privacy, right of publicity, or other right of any person or entity or impersonates any
other person.
- Solicit or attempt to solicit
Login Information or any other login credentials or personal information from other users of the
Service or any our games.
We reserve the right to determine
what conduct it considers to be in violation of the rules of use or otherwise outside the intent or
spirit of these Terms and Conditions or the Service itself. We reserve the right to take action as a
result, which may include terminating your Account and prohibiting you from using the Service in
whole or in part.
9.We will not intentionally
disclose any personally identifying information about you (including information regarding your IP
address) to third parties, except where we, in good faith, believes such disclosure is necessary to
comply with the law or enforce these Terms and Conditions or other our rules. By using the Services
and our games, you signify your acceptance of our Privacy Policy, [View Privacy Policy]. If you do
not agree with this Privacy Policy, in whole or part, please do not use any Service.
10.Suspension and Termination of
Account and Service
Without limiting any other
remedies, we may limit, suspend, terminate, modify, or delete accounts or access to the service or
portions thereof if you are, or we suspect that you are, failing to comply with any of these Terms
and Conditions or for any actual or suspected illegal or improper use of the service, with or
without notice to you. You can lose your user name and persona in the service as a result of account
termination or limitation, as well as any benefits, privileges, earned items and purchased items
associated with your use of the service, and we are under no obligation to compensate you for any
such losses or results.
Without limiting our other
remedies, we may limit, suspend or terminate the service and user accounts or portions thereof,
prohibit access to our games and sites, and their content, services and tools, delay or remove
hosted content, and take technical and legal steps to prevent users from accessing the service if we
believe that they are creating risk or possible legal liabilities, infringing the intellectual
property rights of third parties, or acting inconsistently with the letter or spirit of our Terms
and Conditions or policies. Additionally, we may, in appropriate circumstances and at our sole
discretion, suspend or terminate accounts of users who may be repeat infringers of third-party
intellectual property rights.
We reserve the right to terminate
any account that has been inactive for 180 days.
We reserve the right to stop
offering and/or supporting the Service or a particular game or part of the Service at any time, at
which point your license to use the Service or a part thereof will be automatically terminated. In
such event, we shall not be required to provide refunds, benefits or other compensation to users in
connection with such discontinued Service. Termination of your Account can include disabling your
access to the Service or any part thereof including any content you submitted or others
submitted.
You may terminate your Account at
any time and for any reason by following the process described on our support page that you wish to
terminate your Account.
11.You understand that the
Service is an evolving one. We may require that you accept updates to the Service and to our games
you have installed on your device or computer. You acknowledge and agree that we may update the
Service and our games, with or without notifying you. You may need to update third party software
from time to time in order to receive the Service and play our games.
12.Without limiting our liability
under section 13 below, the service is provided on an "as is" and "as available" basis for your use,
without warranties of any kind, express or implied, including without limitation the warranties of
merchantability, fitness for a particular purpose, title, non-infringement, and those arising from
course of dealing or usage of trade. We do not warrant that you will be able to access or use the
service at the times or locations of your choosing; that the service will be uninterrupted or
error-free; that defects will be corrected; or that the game or the service are free of viruses or
other harmful components.
13.To the maximum extent
permitted by law, we shall not be liable to you for any indirect, incidental, consequential,
special, punitive or other similar damages, including but not limited to loss of revenues, lost
profits, lost data or business interruption or other intangible losses (however such losses are
qualified), arising out of or relating in any way to these Terms and Conditions or the service
itself, whether based on contract, tort or any other legal theory, and whether or not we have been
advised of the possibility of such damages. To the extent not prohibited by law, we shall not be
liable to you for more than the amount you have paid to us in accordance with these Terms and
Conditions in the six (6) months immediately preceding the date on which you first assert a claim.
You acknowledge and agree that if you have not paid anything to us during such time period, your
sole remedy (and our exclusive liability) for any dispute with us is to stop using the service and
to cancel your account.
Nothing in these Terms and
Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability
resulting from gross negligence or willful misconduct of us or for death or personal injury arising
from any negligence or fraud of us.
14.You agree to indemnify and
hold us harmless from any and all liabilities, claims, damages and expenses, including reasonable
attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation
by you of law or the rights of any third party, (iii) any materials, information, works and/or other
content of whatever nature or media that you post or share on or through the Site, (iv) your use of
any Services and our games, and (v) your conduct in connection with the Site or the services or with
other users of the Services and our games. We reserve the right to assume the exclusive defense of
any claim for which we are entitled to indemnification under this Section. In such event, you shall
provide us with such cooperation as is reasonably requested by us.
15.This agreement shall be
governed by and construed in accordance with the laws of the State of California, without giving
effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions.
16.These Terms and Conditions may
be revised from time to time by updating this posting. You are bound by any such revisions and
should therefore periodically visit this page to review the then current Terms and Conditions to
which you are bound.