This Terms of Service Agreement (“Agreement”) is an agreement between Jellygon, LLC, an Oregon limited liability company (“Jellygon”, “we”, or “our”), and you (“you” or “your”), individually a “Party” and collectively the “Parties”.
This Agreement governs your access to or use of our website, subscriptions, and software (“Services”). By accessing, downloading, or using any part of the Services, you agree to be bound by this Agreement. This Agreement affects your legal rights and obligations. If you do not agree to be bound by this Agreement, do not access or use the Services.
1. Terms Applicable to All Services.
1.1. Updates to Terms. We may update or modify this Agreement at any time without notice, although we will make reasonable efforts to inform you of any updates we consider substantial, at our discretion. Your use of the Services following any update or modification constitutes your agreement to follow and be bound by the Agreement as updated or modified.
1.2. Updates to Services. We may give you access to future versions of the Services. However, we do not have any obligation to make new versions or content available, or to continue to make available for access or download any versions of the Services. We may discontinue work on the Services, including the game software, at any time and for any reason.
1.3. Restrictions. Except as provided in this Agreement, you shall not: (i) transfer, give access to, or distribute any part of any Services to any third-party without our prior written consent; (ii) attempt to reverse engineer, alter, or modify any part of any Services; or (iii) use the Services in any way not expressly permitted in this Agreement.
1.4. Ownership and Intellectual Property. The Services are subject to trademark, service mark, trade dress, copyright, or other intellectual property rights held by Jellygon. No right, title, or interest in any of the Services is transferred to you as a result of this Agreement. We only provide you with the license to use or access the Services as provided in this Agreement.
1.5. LIMITED LIABILITY. Neither Party will be liable for any indirect, special, incidental, or consequential damages, or lost profits that may arise in connection with this Agreement. Jellygon’s liability to you will not exceed the amount actually paid or payable to Jellygon by you under this Agreement. In the event of breach, your rights are limited to the right to seek damages at law, if any, and you have no right to rescind this Agreement or to enjoin Jellygon’s exploitation of the Services.
1.6. EXCLUSION OF IMPLIED AND OTHER WARRANTIES. The Services are provided “AS IS”. Jellygon makes no warranties, express or implied, and disclaims all implied warranties, including any warranty of merchantability or warranty of fitness for a particular purpose.
1.7. Indemnification. You shall indemnify Jellygon and its owners, agents, and representatives (each an “Indemnified Party”) against any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any Indemnified Party resulting from or arising in connection with: (i) your access to or use of the Services; or (ii) any breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under this Agreement.
1.8. Transferability. You shall not transfer or assign this Agreement or any right or obligation of this Agreement, by operation of law or otherwise, without the prior written consent of Jellygon.
1.9. No Agency. Nothing in this Agreement will be deemed to create any association, partnership, employment, joint venture, or agency relationship between the Parties. The Parties will not have the right or authority to create any obligations of any kind, make any representation or warranty on behalf of the other Party, or to bind the other Party in any respect, unless approved in writing by both Parties.
1.10. Termination. You may terminate this Agreement at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your accounts or this Agreement, or cease providing you with all or part of the Services, at any time and will make reasonable efforts to notify you of such action.
1.11. General. This Agreement constitutes the entire agreement between the Parties and supersedes all prior understanding, whether written or oral. Except as provided in this Agreement, no term or condition of this Agreement may be amended or deemed waived, except by a writing signed by the Parties that refers to this Agreement. If any term or part of a term of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict of laws principles. Any claim arising out of this Agreement, including tort claims, must be resolved in Multnomah County, Oregon.
2. Site and Subscription Terms.
2.1. Your Account. You must create an account with Jellygon to use the Services. You agree to provide and maintain true, accurate, current, and complete information about you. You are responsible for maintaining the confidentiality of your password and account, and are solely responsible for any activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
2.2. Subscription; Payment. We require a subscription payment to access the entire Services, including Jellygon’s game software. We use these payments to generally help fund development of Jellygon’s game software. Subscription payments are nonrefundable and will automatically renew until you cancel your subscription, which you may do at any time through your account preferences with our payment processor. You must set up a subscription payment if you wish to access the entire Services. If you do not pay for a subscription and only create an account, or cancel your subscription payment, only some of the Services will be available to you.
2.4. Google Analytics. We use Google Analytics on our website to better understand who is visiting our site. Google collects information such as the web address of the page that you are visiting and your IP address, and may also set cookies on your browser or read cookies that are already there. Any information collected by just visiting our website is collected by Google. You can find out more, including how Google uses your information and how you can control the information sent to Google, by visiting Google’s Partners page at https://policies.google.com/technologies/partner-sites.
2.6. Mailing List. You may opt in to our mailing list. If you opt in, you consent to our processing and storage of your information for email marketing purposes. Your email address and other relevant information may be used with or stored on third-party mailing services such as MailChimp for the purposes of helping us send email and manage unsubscribe lists.
3. Game Software Terms.
3.1. Game Software. As part of the paid Services, we grant you a license to access, download, and use our game software. The game software may include additional terms or conditions that you are required to accept before downloading or installing, and those terms or conditions are incorporated into this Agreement. We reserve the right, in our sole discretion and without prior notice or liability to you, to decline to license the software to any party and to modify or stop providing the game software or any part of the game software to you or to users generally. The game software is provided to you for entertainment purposes only.
3.2. License. The Services are licensed to you for use by a single user. You may store the software on any of your computers, but the software cannot be shared with others. Upon payment, we grant you a personal, worldwide, royalty free, nonassignable, nonsublicensable, revocable, and nonexclusive license to access, download, and use the game software (“License”), provided that you: (i) shall not transfer, give access to, copy, or distribute any part of the game software without our prior written consent; (ii) shall not attempt to reverse engineer, alter, disrupt, or modify any part of the game software; and (iii) comply with this Agreement. We retain all rights in our software, and you acknowledge and agree that you have no rights in the software outside of this License.
3.3. Streaming. We grant you a worldwide, royalty free, nonassignable, nonsublicensable, revocable, and nonexclusive license to stream or otherwise upload and display your gameplay of the game software to video platforms such as Twitch or YouTube. You acknowledge and agree that you are solely responsible for such use and any related consequences, including third-party claims against Jellygon resulting from or arising in connection with your use, and represent and warrant that your use will not infringe any intellectual property right or other right of any third-party.
3.4. Gameplay Analytics; User Data. We may collect or authorize third-parties to collect and share with Jellygon analytics about your gameplay. We may also store the data, information, or actions you put into our game software’s online components, such as what you say or build in the game, and these actions may be visible to other users or difficult to remove.
3.5. Interaction with Users. The Services may support interaction with other users. If so, users will be able to see your activity on the Services, communicate with you within the Services, or view your profile, which may include your name and other profile information. You are fully responsible for your interactions with other users and the results of those interactions.
4. Privacy Terms.
4.1. Storage. We store the information we collect through the Services on our systems or licensed systems, such as Amazon Web Services, and use it for the purposes described in this Agreement.
4.2. Analytics and Third-Parties. We may use a variety of third-party services, including analytics tools, to help provide the Services or to measure or improve the use of the Services. These third-party service providers may use tracking technologies to collect information sent by your device, and may share such information with Jellygon.
4.3. Withdrawing Consent. You may withdraw your consent to our processing of your personal information and your use of the Services. You can do this at any time by emailing Jellygon to request that your personal information be deleted. If you withdraw your consent to the use or sharing of your personal information, you may not have access to any of the Services, and we might not be able to provide you any of the Services. Some of your information (such as in-game interactions or data stored with third-parties) may not be possible to delete. Please note that we may continue to process your information after you have withdrawn consent and requested that we delete your personal information if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure. Also, we may maintain information about sales transactions in order to complete transactions and for record keeping purposes.