These Terms may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of these Terms. By continuing to use the Applications subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.
You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
When using the Applications, you shall be subject to any Posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other Applications, games or websites that are governed by different terms.
League of Geeks grants you a personal, non-exclusive, limited right and license to install, store and play our Applications, including future patches and updates, ONLY for personal use and enjoyment. Our Applications are not being sold, given or otherwise transferred to you, nor doour EULA’s or Terms of Service transfer to you any promotional use rights for Armello.
League of Geeks provides Armello “AS IS” without warranty and “with full faults”, we will strive throughout the active life of Armello to patch it regularly and make improvements and fixes, but ultimately Armello is provided “AS IS”.
The grant of license as set forth in these Terms is specifically conditioned upon the following:
- You have accepted all of the obligations contained in these Terms, and any additional requirements, rules, or obligations, as may be applicable to the Application(s) you are using, which is evidenced by your use of the Application(s);
- You will comply with all of the Terms until such time as you have terminated your use of the Application(s) by deleting all aspects of the Application(s) from your hardware and deletion of Application-related files;
- You will use the Application(s) only for personal use only, running validly licensed copies of operating systems on which the Application was designed to operate; and
- You will refrain from using any hacks, cracks, bots, or third party software which may modify, temporarily or permanently, the code or the user experience of the Application(s), whether on your local device or on servers which enable use of any features of the Application(s).
ABOUT OUR APPLICATIONS
We provide users with access to interactive software products that, among other things, enable multiplayer gaming experiences on mobile devices. The Applications may be made available to you directly, or through third party services, such as Xbox Live, Sony PlayStation, Steam, iTunes and Google Play. These third party services may require you to download and install software and create an account before downloading the Applications. We create a League of Geeks server side account for you, which is linked to your third party account service, you are responsible for maintaining the confidentiality of your passwords and usernames on third party services, and you are fully and solely responsible for all activities that occur under your password or username. If you interact with us or with third-party service providers, and in the course of that interaction you provide to us (or the applicable third party) information about you, including contact information, biographical information, and credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services.
When using our Applications, you hereby acknowledge that your device may connect to or utilize third party data networks, which may incur fees based on your use of those networks. If you have a third party network carrier linked to your device, that carrier’s normal rates and fees, such as text messaging and excess broadband fees will still apply. In the event you dispose of or transfer ownership of your mobile device, you agree to uninstall and delete the Applications before doing so.
We at League of Geeks, Pty Ltd. love creating original IP, they’re like our babies, and we love the original IP created by others and respect that they’ve also put in a huge amount of effort, passion and tears to create their worlds. If you believe that your copyrighted work has been replicated or used in a manner that infringes copyright law, we’d love you to notify us.
Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 U.S.C. Sec. 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.
1) An electronic or scanned signature of a person authorized to act on behalf of the copyright owner;
2) Identification of the copyrighted work claimed to have been infringed;
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4) Information reasonably sufficient to permit us to contact you, such as telephone number, and e-mail address;
5) A statement that you have 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
6) 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 being infringed.
Please send your copyright infringement notice to email@example.com
Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing.
Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
CONTENT POSTED BY USERS – FAQ
Where can I send suggestions and ideas?
We love hearing your ideas and suggestions, our forums are definitely the best place for you to float your brainstorms and share with the community at large. The developers on our team are regularly in the forums and watch carefully and sometimes very quietly, the ideas that are the most original and gain the most traction with our community of fans and players. We are often inspired by such ideas and suggestions, often we find through strange circumstance that our team are having the same ideas that the community are suggesting, sometimes on the surface these ideas are terrific, sometimes we just can’t make them work, sometimes we do. You may find future features that very closely or almost exactly mirror an idea that has been suggested, this doesn’t mean we necessarily used a suggestion offered to us, very frequently we have already a planned list of features to move ahead with and we may priorities one that has been suggested independently by the community and gained community support. However we always reverse the right to craft and shape Armello exclusively as we see fit, Armello is our baby and we love it very much, we love sharing Armello with the community but we decide what features go or do not go into Armello.
Can I make adaptations, screenplays, comics, novels, of Armello?
No. League of Geeks ® reserves the right to expand our properties to other media. We want to provide a consistent story and universe for our players, and want to ensure that our universe is explored and expanded at the highest quality possible. Any works by you derived from Armello is for your own personal use and creative exploration only.
Can I write music samples or mix VO from characters from Armello?
No. Use of our music, sound samples, or characters from our game in your original compositions is limited for your own personal use and creative exploration. You may not sell or distribute for commercial purpose any music containing samples of music, sound or characters taken from our game or soundtrack.
Can I create and/or distribute hack and cheats for your games?
No. League of Geeks ® does not support or condone the use or distribution of cheats and/or hacks for use with our games under any circumstance.
Can I register a domain name which contains some portion of your product or company names such as “Armello-Game.com” or “LeagueofGeekTeam.com?”
No. We are concerned that such use could cause confusion for our customers who may assume that the domain is associated with League of Geeks® or Armello®.
Are there any legal notices and disclaimers that I need to have on my site when talking about your Armello or League of Geeks?
Yes. You must include all copyright, trademark and other notices as appropriate.
DISPUTE RESOLUTION POLICY
We always endeavour to conduct ourselves at League of Geeks at the highest standard of business practices and be a force for good in the world wide community, however we do understand that unfortunately disputes can still arise. In an effort to accelerate a resolution between all parties and reduce cost and time of any disagreement we ask that all parties first use reasonable efforts to negotiate any dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceedings.
- Negotiations will begin upon receipt of written notice by the party raising the dispute.
Notices must be sent electronically to firstname.lastname@example.org
SOCIAL NETWORKING FEATURES AND GAME FORUMS
While using the Applications, you may enable interactivity between the Applications and certain social networking services, such as Facebook and Twitter. These services enable you and League of Geeks to communicate with third parties. In addition, you may display the information generated from your participation in games on these social networks. You may also engage in Application forums for the purpose of communicating with other players about topics such as game strategy.
You understand that much of the information included in the social networking features and the forums is from other players who are not employed by or under the control of League of Geeks. You further acknowledge that a large volume of information is available in the social networking features and the forums and that people participating in them occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed by you or the other players. The opinions expressed reflect solely the opinion(s) of you and the other players and may not reflect our opinion(s). We are not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information. Under no circumstances will we be liable for any loss or damage caused by your reliance on such information. You should be aware that, when you disclose information about yourself using a social networking feature or a forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information, you do so at your own risk. We may, but have no obligation to, monitor the social networking features or the forums. You acknowledge and agree that we have the right (but not the obligation) to monitor, record and store your communications and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Applications properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
While playing our games, you may have the opportunity to visit our online stores and use online “cash” to license a variety of virtual items that can be used while playing various games. You purchase these virtual currencies and items through third party stores such as Xbox Live, Sony’s PlayStation Network, Steam, the App Store and Google Play, you are bound by their service terms and should carefully review their agreements. You may also be awarded points to use for virtual “shopping.” These points have no “real world” value, but may be exchanged by you for designated items in the Applications. Certain items have an expiration date, while others have no expiration date. Each item that you obtain using virtual currency or points will be included in your account until the earlier of that item’s expiration date, your account’s expiration or termination date, or such date when the Application is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY. We have no liability for loss of your items from your account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. You understand that any credit card transaction-related information is handled by third party service providers and not League of Geeks. You agree that all information that you provide to us or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you (or your child, if applicable) resulting from your use of the Applications at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your account if for any reason a charge you authorise us via a third party payment service to make to your credit card cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us via a third party payment service payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse to provide you with any item. Verification of certain information applicable to a transaction involving an item may be required prior to our acceptance thereof. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in the Applications, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites, hack sites, private server sites, gold farming sites or in return for anything of value (including “real” money) or otherwise. You acknowledge that the virtual currency acquired through the Applications is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Applications and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE APPLICATIONS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE APPLICATIONS AND GOODS OR SERVICES PURCHASED THROUGH THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APPLICATIONS.
WE MAKE NO WARRANTY THAT (1) THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE APPLICATIONS’ RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (5) THE APPLICATIONS, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
DELAYING, REJECTING OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE APPLICATIONS (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
IMMEDIATELY TERMINATING YOUR ACCESS TO THE APPLICATIONS FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE APPLICATIONS, INCLUDING BUT NOT LIMITED TO ANY SECURITIES TRADING OR INVESTMENT RELATED INFORMATION;
ANY USER CONTENT THAT DOES NOT GET RECORDED, OR IS DELETED; OR
ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH OTHER APPLICATIONS USERS, THIRD-PARTY ADVERTISEMENTS OR SERVICE PROVIDERS, OR THIRD-PARTY WEBSITES, FOUND ON OR THROUGH THE APPLICATIONS, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE APPLICATIONS, OR WITH ANY PARTY WHO PROVIDES ADVERTISING OR THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE APPLICATIONS, OR WITH ANY PARTY WHO PROVIDES A WEBSITE OR APPLICATION LINKED TO BY THE APPLICATIONS, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR UNDER OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
These Terms and the relationship between you and us shall be governed by the laws of the State of Victoria, in Australia, as an agreement wholly performed, negotiated and executed therein, as well as applicable federal law of Australia. You agree that: (i) the Applications shall be deemed solely based in Victoria; and (ii) the Applications shall be deemed passive applications that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Victoria.
Any dispute relating in any way to or arising under or out of your use of the Applications or these Terms shall be adjudicated in the state and federal courts of the State of Victoria. You hereby consent to personal jurisdiction and venue in this court.
Regardless of any statute or law to the contrary, any claim or cause of action arising under or out of or related to your use of the Applications or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Applications from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms constitute the entire agreement between you and League of Geeks, and govern your use of the Applications.
These Terms supersede any prior agreements between you and us with respect to the Applications.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, League of Geeks’ affiliates, representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Applications, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, liability limitations, warranty disclaimers, claims, or defenses hereunder. Upon termination of these Terms you will no longer have a right to access your account, your code, or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may opt not to keep any backup of any of your User Content. We will not be responsible for deleting your User Content. Note that, even if your User Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your User Content).
COPYRIGHTS & REGISTERED TRADEMARKS
© 2012 League of Geeks Pty Ltd. All Rights Reserved. Armello, League of Geeks, the Armello Logo and League of Geeks Logo are trademarks of League of Geeks in the US and/or other countries.
APPLE AND THE APPLE LOGO ARE TRADEMARKS OF APPLE INC., REGISTERED IN THE U.S. AND OTHER COUNTRIES. APP STORE IS A SERVICE MARK OF APPLE INC. GOOGLE PLAY AND THE GOOGLE PLAY LOGO ARE TRADEMARKS OF GOOGLE INC. PS4 AND THE PS4 LOGO ARE TRADEMARKS OF SONY INTERACTIVE ENTERTAINMENT EUROPE. XBOX ONE AND THE XBOX ONE LOGO ARE TRADEMARKS OF MICROSOFT CORPORATION.