Welcome to the Oneshot website. This Terms of Service
Agreement (“Agreement”) constitutes a legally binding contract between Oneshot
Games, LLC, (“Oneshot,” “we,” “us,” “our”) and you with respect to your use of
the Oneshot website, located at www.oneshot-games.com and at any other address
maintained by us, and the Proprietary Information, Services, and Games (as
defined below) (collectively, the “Website”). Be advised that this Agreement
contains disclaimers of warranties and limitations on liability applicable to
you.
By using the Website, Proprietary Information, Services,
and/or Games, you agree to be bound by this Agreement. Thus, it is important
that you carefully read and understand the terms and conditions of this Agreement.
You hereby acknowledge that you have carefully read all of the terms and
conditions of this Agreement and our Privacy Policy and agree to all such terms
and conditions.
Be sure to return to this page periodically to ensure
familiarity with the most current version of this Agreement. We reserve the
right at any time, with or without cause, to (a) change the terms and
conditions of this Agreement; (b) make any changes to the Website, Proprietary
Information, Services, and/or Games; (c) eliminate or discontinue any aspect of
the Website, Proprietary Information, Services, and/or Games; and (d) deny or
terminate your use of and/or access to the Website, Proprietary Information,
Services, and/or Games. Any changes we make will be effective immediately upon
our making such changes available on the Website or otherwise providing notice
thereof. You agree that your continued use of the Website, Services, or Games
after such changes constitutes your acceptance of such changes.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT USE
THE WEBSITE OR ANY OF THE PROPRIETARY INFORMATION, SERVICES, OR OUR GAMES.
Use of Proprietary Information and Games
The services made available on, by or through the Website,
which include or may include, without limitation, and any and all games
provided by Oneshot (the “Games”) and any information provided on, by or
through the Website, including but not limited to animations, artwork,
audio/visual materials, characters, communications, data, designs,
environments, game design features, graphics, illustrations, images,
interactive elements, logos, models, plots, references, sounds, source code,
scripts, stories, text, trademarks and service marks, trade secrets, video, and
works of authorship (the “Proprietary Information”), are provided for personal
use only and not for any for-profit or commercial activities or purpose or for
resale. Without the prior written consent of Oneshot, you may not adapt, copy,
decompile, digitize, disassemble, display, distribute, download, modify,
perform, post, reproduce, republish, sell, sub-license, translate, transmit,
upload, or commercially exploit in any way any part of the Website, Proprietary
Information, Games, or any other Oneshot materials or property, nor may you
authorize any third party to do so. You agree that you will take all reasonable
steps to prevent any unauthorized use of the Website, Proprietary Information,
or Games, and you agree to immediately advise Oneshot of any unauthorized use
of which you are aware.
Oneshot permits you to view and print a reasonable number of
copies of web pages located on the Website for your own personal use, but not
for any for-profit or commercial purpose or for resale; provided that (a) you
retain all trademark, copyright, and other proprietary notices contained in the
original materials, (b) you provide attribution to Oneshot, (c) the material is
printed in its entirety without modification, reformatting or adaptation of any
kind, and (d) any such copies are subject to the terms and conditions of this
Agreement and remain the property of Oneshot. Failure to abide by these
conditions will immediately terminate any authorization to use the Website,
Proprietary Information, and Games and may result in the infringement of the
copyrights and/or trademarks and other proprietary rights of Oneshot or others.
Ownership
The Website is owned and operated by Oneshot, and the
Proprietary Information and Games (and any intellectual property and other
rights relating thereto) are and will remain the property of Oneshot. The
Website, Proprietary Information, and Games are protected by U.S. and
international copyright, patent, trademark, trade dress, trade secret, and
other laws, and you acknowledge that these rights are valid and enforceable.
The trademarks, logos, and service marks displayed on the Website are the
registered and unregistered trademarks of Oneshot and/or others. The
Proprietary Information, Website, and Games may be used solely (a) to the
extent permitted in this Agreement or (b) as expressly authorized in writing by
Oneshot or, if so indicated in writing by Oneshot. Use of the Website or any
Proprietary Information, or Games for any other purpose is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Website
or any Proprietary Information or Games.
Nothing contained in this Agreement or the Website should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Proprietary Information without the express written permission
of Oneshot, except as set forth in Sections 5 and 6, below.
Oneshot Buttons and Links
You may use the Oneshot buttons and links displayed on this
Website provided that (a) such buttons and links link only to the Website; (b)
you do not modify such buttons and links or associated code in any manner, (c)
you do not use any such buttons and links in any manner which implies or
suggests that Oneshot operates, endorses, sponsors or recommends the website on
which such buttons and links are used, and (d) the use of such buttons and
links, and the website on which such buttons and links are used, do not violate
Section 9, below. You acknowledge and agree that all rights in and to the
Oneshot Proprietary Information are our exclusive property, and any goodwill
generated by your use of any Oneshot buttons and links will inure to our
exclusive benefit. You will not take any action that is in conflict with our
rights in or ownership of any Oneshot trademark or other proprietary right. We
retain the right to revoke the permission to use such buttons and links at any
time for any reason.
Oneshot Software, Utilities and Tools
Certain Services or Games may require or allow you to
download or otherwise acquire software, updates or patches, or other utilities
or tools (the “Software”) from Oneshot. You acknowledge and agree that all
rights in and to the Software are our exclusive property, and any goodwill
generated by your use of the Software will inure to our exclusive benefit. You
will not take any action that is in conflict with our rights in or ownership of
the Software. Oneshot grants to you a non-exclusive, limited license to use the
Software solely for the purpose stated by Oneshot at the time the Software is
made available to you. If an End User License Agreement is provided with the
Software, your use of the Software is subject to the terms of that agreement.
We retain the right to revoke the permission to use the Software at any time
for any reason. You may not sub-license, or charge others to use or access the
Software. You may not translate, reverse-engineer, reverse-compile or
decompile, disassemble or make derivative works from the Software. You may not
modify the Software or use it in any way not expressly authorized in writing by
Oneshot. You understand that Oneshot’s introduction of various technologies may
not be consistent across all platforms and that the performance of the Software
may vary depending on your computer and other equipment. From time to time,
Oneshot may provide you with updates or modifications to the Software. You
understand that certain updates and modifications may be required in order to
continue use the Software.
Third-Party Links
The Website may contain links to other websites for your
convenience. We do not control the linked websites or the content provided
through such websites, and we have not reviewed such websites in their
entirety. Your use of linked websites is subject to any policies or agreements
established by the linked website, and we disclaim all liability for such use.
The fact that we offer such links does not indicate any approval or endorsement
by us of any linked website or any material contained on any linked website,
and we disclaim any such approval or endorsement.
Third-Party Products
Descriptions or images of, or references to, third-party
products, services or publications on the Website do not imply our endorsement
of such products, services and publications, and we are not responsible for,
and disclaim any endorsement of, any such product, service or publication.
Prohibited Conduct
You agree not to use the Website, Games, or Proprietary
Information to take any action or actions that:
(a) are or may be contrary to Oneshot’s public image,
goodwill or reputation;
(b) express or imply that any of your statements, activities
or causes are endorsed by us, without our prior written consent in each
instance;
(c) infringe on our or any third party’s copyright, patent,
rights of privacy, rights of publicity, trademark, trade dress, trade secret or
other proprietary rights;
(d) transmit any trade secret or other material, non-public
information about any person, company or entity without the authorization to do
so;
(e) modify, adapt, decompile, disassemble, modify, reverse
engineer, translate, or attempt to derive the source code of any portion of the
Website, Games, or Proprietary Information;
(f) remove any copyright, trademark, or other notices of
proprietary rights contained in or on the Website, Games, or Proprietary
Information;
(g) assign, convey, lease, rent, sell, sub-license, or
transfer any rights under this Agreement to any third party, or otherwise
commercially exploit or profit from the Website, Games, Proprietary
Information, or any portion thereof, in any manner whatsoever;
(h) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any submission;
(i) “frame” or “mirror” any part of the Website without our
prior written authorization;
(j) involve using or distributing of any adware, malware,
spyware, spoofers, Trojan Horses, viruses, worm or other similar or deleterious
files, scripts or programming routines;
(k) restrict or inhibit any other visitor from using the
Website, including, without limitation, by means of “hacking” or defacing any
portion of the Website;
(l) involve hosting, providing, developing, or using
services for or using the Website, Proprietary Information, or Games, or
intercepting, emulating or redirecting the communication protocols used by
Oneshot in any way, including but not limited to packet sniffing, protocol
emulation, tunneling, modifying or adding components, or using a utility
program or any other techniques now known or hereafter developed;
(m) involve impersonating another person or falsely
indicating that you are an employee or representative of Oneshot or its
partners or affiliates;
(n) involve facilitating, creating or maintaining any
unauthorized connection to the Website, Proprietary Information, or Games, or
any portion thereof, or to any unauthorized server that emulates the Website,
Proprietary Information, or Games;
(o) interfere with or disrupt any services or equipment with
the intent of causing an excessive or disproportionate load on the
infrastructure of Oneshot or its licensors or suppliers;
(p) involve the preparation or distribution of “spam,” chain
letters, junk mail, pyramid schemes, or other deceptive or unsolicited bulk or
commercial email, or violate in any way the Controlling the Assault of
Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
(q) execute any form of network monitoring or run a network
analyzer or packet sniffer or other technology to decode, display, intercept,
or mine any packets used to communicate between the Website’s servers or any
data not intended for you;
(r) involve using or developing any robot, spider, site
search or retrieval application, or other manual or automatic device or process
to “data mine,” circumvent the navigational structure of, index, reproduce, or
retrieve the Website or its contents, presentation, authentication and security
measures;
(s) involve using or developing any automated programs,
“bots,” cheats, macros, or utilities designed for obtaining any unfair or
unintended advantage in the Games;
(t) involve harvesting or collecting information about any
Website visitors or members without their express consent, including but not
limited to user names, passwords, e-mail addresses, account information, or
other private information;
(u) involve posting information about any Website visitors
or members without their express consent, including but not limited to real
names, passwords, e-mail addresses, phone numbers, addresses, account
information, or other private information;
(v) involve advertising or solicitations to sell a product
or service to others or constitute any other commercial use of the Website;
(w) are abusive, defamatory, discriminatory, harassing,
hateful, invasive of privacy, libelous, obscene, pornographic, threatening, or
tortious;
(x) interfere with the ability of others to enjoy using
Onehsot’s Website or Games or interfere with or materially increase the cost of
providing Oneshot’s Website, or Games for the enjoyment of all of its users;
and/or
(y) violate any applicable law, statute, ordinance, or
regulation, or encourage any conduct that could constitute a criminal offense
or give rise to civil liability.
Improper use of the Website, Games, or Proprietary
Information may result in termination of your access to and use of the Website,
Proprietary Information, and/or Games, and may also result in civil or criminal
liability.
Eligibility To Use Website, Proprietary Information,
Services,
And Games
If you are under 13 years of age, then you may not use the
Website. By your use of the Website, Proprietary Information, or Games, you affirm
that you are (a) 18 years of age or older; or (b) are between 13 and 17 years
of age and possess legal parental or guardian consent and entry into this
Agreement on your behalf. You agree that you are fully able and competent to
enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in this Agreement, and that you will abide by and
comply with this Agreement.
Limitations On Use In Certain Jurisdictions
The Website is controlled and operated by Oneshot in the
State of Utah, United States of America. Onehsot makes no representation that
the Website operates (or is legally permitted to operate) in all geographic
areas, or that the Website, Proprietary Information, or Games are appropriate
or available for use in other locations. Accessing the Website from territories
where the Website or any content or functionality of the Website or portion
thereof is illegal is expressly prohibited. If you choose to access the
Website, you agree and acknowledge that you do so on your own initiative and at
your own risk, and that you are solely responsible for compliance with all
applicable laws. You agree to abide by U.S. and any other applicable export
control laws, and that you will not upload to the Website any data or software
that cannot be exported without prior government authorization, including but
not limited to certain types of encryption software. By downloading Software
from Oneshot, you warrant that you are not located in any country, or exporting
Software to any person or place, to which the United States, the European
Union, or any other jurisdiction has embargoed goods.
Termination
This Agreement is effective from the date that you first
access the Website or submit any information to Oneshot, whichever is earlier,
and shall remain effective until terminated in accordance with its terms. Oneshot
may immediately terminate this Agreement, and/or your access to and use of the
Website, Proprietary Information, or Games, or any portion thereof, at any time
and for any reason, with or without cause, without prior notice. Your
authorization to access the Website, Proprietary Information, and Games will
also terminate automatically if you fail to comply with any term or provision
of this Agreement. Upon termination of such authorization or of this Agreement,
your right to use the Website, Proprietary Information, or Games shall
immediately cease, and you shall destroy all copies of information that you
have obtained from the Website, whether made under the terms of this Agreement
or otherwise. All disclaimers and all limitations of liability and all of Oneshot’s
rights of ownership and use of information or property, including Proprietary
Information, shall survive any termination.
Oneshot reserves the right at any time, and from time to
time, to modify, suspend, or discontinue, temporarily or permanently, the
Website, Games, and/or any part or portion thereof, with or without notice to
you. You agree that we shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Website, Services, Games or
any part of portion thereof. Nothing in this Agreement shall be construed to
obligate Oneshot to maintain and support the Website, or Games, or any part or
portion thereof, during or after the term of this Agreement.
Disclaimers
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE PROPRIETARY
INFORMATION, AND GAMES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY
ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY
WARRANTIES THAT THE PROPRIETARY INFORMATION AND WEBSITE IS CURRENT AND/OR
UP-TO-DATE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE
WEBSITE, PROPRIETARY INFORMATION, OR GAMES, OR YOUR USE OF THE WEBSITE,
PROPRIETARY INFORMATION, OR GAMES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE,
CURRENT, RELIABLE, ERROR-FREE,
SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE
WEBSITE, OR ANY INFORMATION, SERVICES, GAMES, SOFTWARE OR OTHER MATERIAL
ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
OBJECTIONABLE MATERIAL. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE WEBSITE,
OR GAMES, EITHER IN TERMS OF THEIR COMPATABILITY WITH HARDWARE OR OTHER
SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE WEBSITE, PROPRIETARY INFORMATION, AND/OR GAMES AND YOUR RELIANCE
THEREON.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY OF ANY KIND, NEITHER ONESHOT NOR ANY OF ITS LICENSORS, SPONSORS,
AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR
LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY,
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE,
PROPRIETARY INFORMATION, GAMES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE
REMEDY WITH RESPECT TO THIS WEBSITE, THE PROPRIETARY INFORMATION, GAMES, OR ANY
LINKED WEBSITE IS TO STOP USING THE WEBSITE, PROPRIETARY INFORMATION, GAME, OR
LINKED WEBSITE, AS APPLICABLE.
Indemnification
You agree to fully indemnify, defend, and hold harmless
Oneshot, our licensors, suppliers, agents, successors, and assigns and our and
their directors, officers, employees, agents, consultants, and other
representatives, from and against any and all claims, damages, losses, costs
(including reasonable attorneys’ fees), and other expenses that arise directly
or indirectly out of or from: (a) your breach of this Agreement, including but
not limited to the Prohibited Conduct; (b) any allegation that any materials
you submit to us or transmit to the Website infringe or otherwise violate the
copyright, patent, trademark, trade secret, or other intellectual property or
other rights of any third party; (c) your activities in connection with the
Website or other websites to which the Website is linked; and/or (d) your
negligence or willful misconduct.
Equitable Remedies
You acknowledge and agree that money damages would not be a
sufficient remedy for any breach or threatened breach of this Agreement by you.
Oneshot shall be entitled to seek equitable relief, including temporary
restraining orders, preliminary injunctions, permanent injunctions, and
specific performance, as a remedy for any such breach or threatened breach.
Such remedies shall not be the exclusive remedies for a breach by you, but
shall be in addition to all other remedies available to Onehsot at law or in
equity.
Claims of Copyright Infringement
If you believe in good faith that materials hosted by
Oneshot infringe your copyright, please send us a notice requesting that the
material be removed, or access to it blocked, in accordance with the Digital
Millennium Copyright Act (“the “DMCA”). The notice must include the following
information: (a) a physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or
if multiple copyrighted works located on the Website are covered by a single
notification, a representative list of such works); (c) identification of the
material that is claimed to be infringing or the subject of infringing
activity, and information reasonably sufficient to allow Oneshot to locate the
material on the Website; (d) the name, address, telephone number, and email
address (if available) of the complaining party; (e) a statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and (f) a statement that the information in the notification is
accurate and, under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to send
us a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for
details. Notices and counter-notices with respect to the Website should be sent
to the agent identified below. We suggest that you consult your legal advisor
before filing a notice or counter-notice. Also, be aware that there can be
penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement
Oneshot Games
info@oneshot-games.com
General Provisions
(a) Severability. If any provision of this Agreement is
found to be unlawful, void, or for any reason unenforceable, then that
provision shall be enforced to the maximum extent permissible and otherwise
deemed severable from this Agreement, and shall not affect the validity and
enforceability of any remaining provisions. (b) Integration. This is the entire
Agreement between you and us relating to the subject matter herein and
supersedes any and all prior or contemporaneous written or oral agreements
between you and us with respect to such subject matter. (c) Modification. This
Agreement may not be changed, waived or modified except by Oneshot as provided
herein or otherwise by written instrument signed by Oneshot. (d) Assignment.
Neither this Agreement nor any right, obligation, or remedy hereunder is
assignable, transferable, delegable, or sub-licensable by you except with
Oneshot’s prior written consent, and any attempted assignment, transfer,
delegation, or sublicense shall be null and void. Oneshot may assign, transfer,
or delegate this Agreement or any right or obligation or remedy hereunder in
its sole discretion.
Waiver. No waiver by either party of any breach or default
hereunder shall be effective unless made in a writing signed by the party, and
no waiver shall be deemed to be a waiver of any preceding or subsequent breach
or default.
Headings. Any heading, caption, or section title contained
in this Agreement is inserted only as a matter of convenience and in no way
defines or explains any section or provision hereof.
Effective April 19, 2016