Effective Date: June 13 2018
Last updated: December 06 2018
DESCRIPTION OF SERVICES.
- You should read these Terms carefully as they set out the basis on which we make the Services available. As a user (“User”), your use of any or all of the Services and Content (as defined in Article 1.3 below), indicate that you accept the Terms and/or other terms (including without limitation “game rules”) and that you agree to comply with them fully. If you do not agree to the Terms, please do not continue to use our Services. If you access the Service from social networking site, such as, without limitation, Facebook or Google +, you shall comply with its terms of service/use as well as these Terms.
- Content includes all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination, together with all related Intellectual Property Rights in the above, (collectively, the “Content”).
- Ludare reserves the right to change, modify, add or delete Articles in these Terms at any time, by posting the amended terms on the Ludare Services. You will be deemed to have accepted such changes by continuing to use the Services.
- In order to access to the use of the Services you may require to register an account (”Account”).
- During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Ludare and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
- Ludare reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
- The Services support only one Account per game on a supported device.
LIMITED USE LICENCE.
- The Services are protected by the copyright laws of Canada, international copyright treaties, conventions and other laws. The Services are licensed, and not sold, and this agreement confers no title or ownership to the Services or any copy thereof. In addition to the terms and conditions hereof, when using particular portions of the Services, including without limitation any multiplayer, online, or downloadable content, you may be subject to additional guidelines of third party service providers.
- Subject to your agreement and continuing compliance with these Terms and any other relevant Ludare policies, Ludare grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
- Commercial use of the Services is prohibited; you shall not use the Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.
- To access the Services you must (i) have a “Compatible Mobile Terminal”, designating any portable device capable of connecting to the internet to access the Services (including without limitation mobile phones, smartphones, , iPads, tablet computers, Windows phones, Amazon devices), (ii)have the permission of the person who pays the bill for said Compatible Mobile Terminal, (iii)be provided with Internet access via your Compatible Mobile Terminal by your mobile and/or fixed Internet service provider and (iv) be in compliance with the contractual obligations of your mobile and/or fixed Internet service contract.
- Neither these Terms nor use of the Services entitles you to any future releases of the Services, nor to any expansions, sequels, or similar or ancillary products.
- Ludare may, in its sole discretion, change, modify, suspend, or discontinue the Services or any aspect of the Services at any time.
- Ludare may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Services. You understand that the Services is provided by Ludare at its discretion and may be terminated or otherwise discontinued by Ludare at any time without notice.
- You shall not have more than one Account at any given time, sell 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 Services if you have previously been removed by Ludare, or previously been banned from using any Ludare Services.
- All intellectual property rights in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Ludare game client, and the Ludare game clients and server software) and title to any and all copies thereof are owned by Ludare or its licensors, and you receive no right or interest therein other than the limited license in Section 3 hereof.
- You may not do any of the following:
- Copy the Services except a single backup copy;
- Sell, rent, lease, license, distribute or otherwise transfer or make the Services available to any other person, in whole or in part, or use the Services or any part thereof in any commercial context, including but not limited to use on a commercial website, or in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users who have not each separately purchased the Services may access the Services program.
- Ludare may offer a separate site license agreement to permit you to make the Services available for commercial use; see the contact information below;
- Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Services or any online portion thereof, in whole or in part;
- Remove, disable or circumvent any proprietary notices or labels contained on or within the Services or any online portion thereof; or
- Export or re-export the Services or any copy or adaptation in violation of any applicable Canadian export restrictions or other laws or regulations.
- Ludare may offer a separate site license agreement to permit you to make the Services available for commercial use; see the contact information below; owns, has licensed, or otherwise has rights to use all of the content that appears in the Services or in Ludare games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any Ludare game, whether earned in a game or purchased from Ludare, or any other attributes associated with an Account or stored on the Services.
FEES AND PURCHASE TERMS.
- In the Services you may earn, or purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “Virtual Currency”, including but not limited to virtual cash, coins, tokens, points or diamonds, all for use in Ludare games; (b) “Virtual in-game Items” (together with “Virtual Currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as, without limitation, Facebook Credits.
- Ludare may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Ludare shall have no liability to you or any third party in the event that Ludare exercises any such rights.
- The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Ludare, another user or any third party.
- ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
- The provision of Virtual Items for use in Ludare games is a service provided by Ludare that commences immediately upon acceptance by Ludare of your purchase.
- You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Ludare may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT LUDARE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
UPDATES TO THE SERVICES.
- You understand that the Services are evolving ones. Ludare may require that you accept updates to the Services and to Ludare’s games you have installed on your Compatible Mobile Terminal or any other hardware. You acknowledge and agree that Ludare may update the Services and Ludare games, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play Ludare’s Games.
- Certain security measures may be required in order for you to make full use of the Game, including without limitation the requirement to register the Game with a serial code, the requirement to have continual access to the Internet; and/or the acceptance of security/digital rights management features. Failure to accept the security measures may partially or completely impair your use of the Game.
- You warrant that you shall comply with our rules of conduct set out in this Article 8.
- Ludare does not pre-screen content that may be posted or online chats and does not assume any responsibility or liability for content that is generated by users in connection with the Services.
- Ludare does not assume any liability for any failure to remove, or any delay in removing, content. However, we reserve the right to remove or request that the third party service provider remove content that is objectionable to us for any reason.
- This determination is in our sole discretion and is final.
- If Ludare objects to content that you created, Ludare may in its sole discretion (either itself or if applicable by request to the third party service provider):
- (i) remove content; (ii) give warnings; (iii) restrict your access when you break the rules; or (iv) suspend or terminate your use without any notice to you. In addition, Ludare, may, in its sole discretion, terminate this agreement, in part, immediately and without notice if your online conduct breaches this agreement or infringes any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us.
- If we terminate this agreement under these circumstances, you will lose access to any online portions of the Services.
- You agree that you will be personally responsible for your use of the Services, and for all of your communication and activity in connection with Services, including any content you contribute, and that you will indemnify and hold harmless Ludare, its licensors and each of their respective parents, affiliates, and subsidiary companies and the employees, officers, and directors of each from any liability or damages arising from your conduct in the connection with the Services.
- You are not twelve (12) years or older.
- Post, transmit, promote, or distribute content that violates any law or regulation.
- Harass, threaten, embarrass, or do anything else to another user that is unwanted.
- Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
- Violate any rules communicated by Ludare from time to time.
- Promote or encourage any illegal activity including hacking.
- Disclose your own or other users' personal information.
- Impersonate any person or entity, including any Ludare officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Impede or disrupt the Services or the normal flow of game play or dialogue, or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users.
- Cheat or utilize unauthorized exploits in connection with the Services.
- Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to the Services or to gain an unfair advantage over other players.
- Trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the Services.
- Violate any applicable laws including but not limited to copyrights and trademarks, regulations and rules wherever you are using the Services. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse.
- Do anything that interferes with the ability of other users to enjoy using the Services in accordance with its rules, or that materially increases the expense or difficulty of Ludare, or the third party service provider (if applicable), in maintaining the Services for the enjoyment of all its users.
- Intentionally disconnecting from the network during online play, or allowing yourself to be defeated by a given player repeatedly to help boost their rankings or win counts.
ACCESS AND TERMS SPECIFIC TO MINORS
- If you are a minor, you should read these Terms with the help of your parents or guardians.
- If you are a parent or guardian, Ludare recommends that you monitor your children’s online activities and check that your children never disclose their personal data without your prior consent.
- We restrict access to certain Services on age grounds. None of our services are available to minors under 13. You cannot use any of our services, websites or Games if you are under 13.
- We reserve the right to ask for written proof of consent from a parent or guardian for any User or potential User of the Services we suspect is a Minor. Parental consent applies exclusively to the Services for which it has been granted.
- In all cases, all use of the Services by Minors is the responsibility of their parents or legal guardians whom we assume approve their use of the Services and agree to these Terms.
USER GENERATED CONTENT
- In exchange for use of the Services, and to the extent that your contributions through use of the Services give rise to any copyright interest, you hereby grant Ludare an exclusive, perpetual, irrevocable, royalty-free, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Services including the rights to reproduce, copy, adapt, modify, perform, create derivative works from, display, publish, broadcast, transmit, or otherwise use, distribute, exploit and communicate to the public by any and all means and media whether now known or hereafter devised without any further notice or compensation of any kind to you for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions.
- To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Ludare's and other players' use and enjoyment of such assets in connection with the Services and related goods and services under applicable law.
LIMITATION ON DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUDARE, ITS PARENT, SUBSIDIARIES, SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION, USE OF OR INABILITY TO USE THE SERVICES OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY.
- IN ANY CASE, LUDARE'S AND ITS LICENSORS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.
- LUDARE AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE SERVICES WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT LUDARE AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (2) ANY INCOMPATIBILITY BETWEEN THE SERVICES, AND OTHER SERVICES, GAME AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER.
- THE SERVICES ARE PROVIDED "AS IS." EXCEPT AS DESCRIBED HEREIN OR IN OUR LIMITED WARRANTY ACCOMPANYING THE SERVICES, LUDARE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY
- DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ludare does not ensure continuous, error free, secure or virus-free operation of any online, multiplayer or downloadable portions of the Services or continued operation or availability of any given server.
- Ludare is not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, Ludare cannot and does not promise or ensure that you will be able to access the online, multiplayer or downloadable portions of the Services whenever you want, and there may be extended periods of time when you cannot access such portions of the Services.
SUSPENSION AND TERMINATION OF SERVICES
- WITHOUT LIMITING ANY OTHER REMEDIES, LUDARE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO LUDARE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR LUDARE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA 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 SERVICES, AND LUDARE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
- WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES 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 SERVICES 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 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.
- LUDARE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
- Ludare reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Ludare shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services 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 emailing us at email@example.com.
COMPETITIONS AND CONTESTS
- Periodically, Ludare and/or its partners organize competitions, contests, free prize draws and promotions on the Services. These will be subject to particular terms which we shall communicate to you at the time of these promotions.
- Ludare and/or its partners may offer cash prizes, or credits equivalent to cash prizes, for the competitions and contests that it organizes. You will be able to request withdrawal of cash or credits for such competitions and contests, on the platforms that host such competitions and contest.
- Ludare and/or its partners reserve the right to refuse a cash or credits withdrawal. Any cash or credits that may accrue to your account (for example, from daily rewards, promotions, or otherwise) will expire entirely following six months of continued inactivity (which includes, but is not restricted to, not logging in). Once expired, credits will have no currency or exchange value, and will not be transferable or refundable.
ADVERTISING AND PROMOTION OF PRODUCTS
- Entirely at its own discretion, and subject only to its editorial policy for each Services, Ludare may display certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.
- Ludare is not responsible for the third party products or services so displayed.
HEALTH OF VIDEO GAME USERS
- We advise you to take the following precautions in all cases when using the Services, and in particular video games.
- You should:
- avoid playing if you are tired and/or short of sleep;
- make sure that you play in a well lit room and adjust the brightness of your screen;
- when you play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows; and
- take breaks of ten (10) to fifteen (15) minutes every hour.
- Epilepsy Warning:
- Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations and should consult their doctor before any use of the Services.
- Parents and legal guardians must also pay particularly close attention to their children when they play video games. If you or your child present any of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, you or they must immediately stop playing and consult a doctor.
- Because Ludare would be irreparably damaged if the terms of this agreement were not specifically enforced, you agree that Ludare and/or its licensors shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as Ludare may otherwise have under applicable laws.
- You agree to indemnify, defend and hold Ludare, its licensors and each of their respective partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Game pursuant to the terms of this agreement.
APPLICABLE LAW AND JURISDICTION.
- These Terms shall be interpreted in accordance with and governed by the laws of Canada. Any dispute arising in connection with this Agreement, which cannot be settled amicably after reasonable efforts, shall be submitted to the jurisdiction of the Courts of Vancouver.
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Ludare's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or your rights hereunder, and any attempt to the contrary is void. These Terms set forth the entire understanding and agreement between Ludare and you with respect to the subject matter hereof.