Privacy Policy + Terms of Service: Animal Gun Run - Monster Fight

 

PRIVACY POLICY

 

ENGLISH

TRUSTe

Effective Date: June 1st, 2022

 

Thank you for playing our games! This Privacy Policy describes:

 

The ways we collect personal data about you and why we do so

How we use your personal data, and

The choices you have about your personal data.

This Privacy Policy applies to Immortal Games's games, store, sites and related services, which we here collectively call the Service. We may periodically update this Privacy Policy by posting a new version on vovannn271.blogspot.com . If we make any material changes, we will notify you as required under applicable law, including by posting a notice in the Service prior to the change becoming effective. Your continued use of the Service after the effective date will be subject to the new Privacy Policy.

 

CONTACT US

If you have questions about data protection, or if you have any requests for resolving issues with your personal data, we encourage you to primarily contact us through the support features within each Immortal Games game, so we can reply to you more quickly. Alternatively, you may contact:

 

email: immortalgamescontact@gmail.com

 

THE DATA WE COLLECT

The categories of personal data we collect depend on the Services you use, and the requirements of applicable law.

 

Data you provide us directly.

Contact information (such as name and email address or phone numbers)

Player name or tag and password

Profile information (such as profile photo)

Your messages and other content you submit when you use the Service (such as chat logs and player support tickets)

Data you provide in connection with surveys, promotions, sweepstakes, competitions and other events

Other data you choose to give us (such as when you participate in Immortal Games Creators or Immortal Games Make)

Our payment service providers will collect your payment details in connection with any purchases you make through the Immortal Games Store

Data we collect automatically.

Data about your account and game progress, including in most cases an automatically created internal account ID

Your IP address and mobile device identifiers (such as your device or advertising ID)

Data about your device, such as device name and operating system, browser type and language, internet service provider, and mobile carrier

Data we collect with cookies and similar technologies (see more below)

Approximate location data (as derived from IP address)

Data about your use of the Service, such as gameplay data, purchases made and your interactions with other players inside the Service

 

Data we collect from our partners.

We also use third-party partners, such as social networking sites, data analytics providers and advertising networks to supplement information we have about you, such as:

 

Data we receive if you link a third-party tool with the Service (such as LINE, Facebook, WeChat or Kakao)

Demographic data (such as to determine the coarse location of your IP address)

Data to fight fraud (such as refund abuse in games or click fraud in advertising)

Data from platforms that the games run on or data from payment service providers (such as payment verification data)

Data for advertising and analytics purposes (such as surveys), so we can provide you a better Service

Data that you have made available to us from a third party service (such as LINE, Facebook, WeChat or Kakao) via your privacy settings

WHY DO WE COLLECT YOUR DATA

We use your data for a variety of business purposes, such as:

 

To make the Service work.

To perform the contract, we process data necessary to

 

Create accounts and allow you to play our games and use our Service

Operate the Service

Verify and confirm payments

Provide and deliver products and services you request

Send you Service-related communications

To make the Service more suitable for our players.

To provide a great Service to our players, we have a legitimate interest to collect and process necessary data to

 

Update and develop player profiles

Develop and improve the Service and player experience

Manage our relationship with you

Provide social features as part of the Service

Customize your Service experience

Respond to your comments and questions and provide player support

Provide you Immortal Games offers in the Service as well as in other websites and services (including by email)

Send you related information, such as updates, security alerts, and support messages

Enable you to communicate with other players

To show personalized advertisements.

To show you personalized advertisements in the Service and elsewhere (including email) we have a legitimate interest to process necessary data to

 

Track the content you access in connection with the Service and your online behavior

Deliver, target and improve our advertising and the Service

For information on how to opt-out from personalized advertisements, see section 'Your Rights and Options' below.

 

To keep the Service safe and fair.

Ensuring a level playing field in the Service is a top priority for us. For more information on our acceptable use policy; Immortal Games Terms of Service.

 

In order to keep the Service and its social features safe and fair, to fight fraud and ensure acceptable use otherwise, we have a legitimate interest to process necessary data to

 

Analyze and monitor use of the Service and its social features

Moderate chats either automatically or manually

Take action against fraudulent or misbehaving players

To analyze, profile, and segment.

In all of the above cases and purposes, we may analyze, profile and segment all collected data.

 

With your consent.

With your consent, we may process your data for additional purposes.

 

WHO CAN SEE YOUR DATA

Apart from Immortal Games, your data can be accessed by others in the following situations:

 

Other players and users.

Social features are a core component of our games. Other players and users may, for example, see your profile data, in-game activities and read the messages you have posted.

 

Our service providers.

Immortal Games has vendors who help us to provide the Service. These vendors process your data only at and according to Immortal Games´s instructions to provide the Service, and perform tasks such as hosting, player support, advertising, analytics and fraud prevention.

 

Other companies and public authorities.

In order to verify payments (with payment providers such as Paypal) and combat fraud and illegal activity, we may process and disclose data with other companies and organizations and provide it to public authorities in response to lawful requests.

 

We may also disclose your data based on your consent, to comply with the law or to protect the rights, property or safety of us, our players or others.

 

Advertising and Social Media partners.

The Service includes features from our partners, such as social media interaction tools, functionalities through application programming interfaces (APIs) or software development kits (SDKs) and in-game advertising. Partners may access your data and operate under their own privacy policies. We encourage you to check their privacy policies to learn more about their data processing practices.

 

These partners may access data regarding your activities and your device (such as your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share data we have collected about you with third-party advertising partners. These advertising partners may use this data (and similar data collected from other services) for purposes of delivering targeted advertisements to you when you visit third-party services within their networks. These partners may operate under their own privacy policies. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” If you prefer not to share your personal data with third-party advertising partners, you may follow the instructions in “Your Rights and Options” below.

 

INTERNATIONAL DATA TRANSFERS

Our Service is global by nature and your data can therefore be transferred to anywhere in the world. Because different countries may have different data protection laws than your own country, we take steps to ensure adequate safeguards are in place to protect your data as explained in this Privacy Policy. Adequate safeguards that we may use include standard contractual clauses approved by EU Commission and other lawful safeguards.

 

YOUR RIGHTS AND OPTIONS

Opt out of marketing emails and other direct marketing.

You may opt out of receiving promotional communications, such as marketing emails from us by following the instructions in such communications, or by changing your in-game settings. The updated settings may not be effective immediately. Note that you may still continue to receive non-promotional communications from us, such as communications regarding the Service or updates to our Immortal Games Terms of Service or this Privacy Policy.

 

Push Notifications

We may send you push notifications through our mobile applications. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device.

 

Opt-out of targeted advertising.

You can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device and turning off “Allow Apps to Request to Track” or selecting "Limit Ad Tracking" (Apple iOS) or "Opt-out of Interest Based Ads" (Android).

 

You can also opt out from personalized in-game offers through the options provided in the game settings (where applicable).

 

Access the personal data we hold about you.

If you request, we will provide you a copy of your personal data in an electronic format.

 

Your other rights.

You also have the right to correct your data, have your data deleted, object how we use or share your data, and restrict how we use or share your data. You can always withdraw your consent.

 

We will respond to all requests within a reasonable timeframe. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may also contact your local data protection authority within the European Economic Area, Switzerland or UK for unresolved complaints.

 

If you wish to exercise any of your data subject rights described above, please use the support options described in “Contact Us” above. We will respond to all requests in accordance with applicable laws. To protect your privacy, we may also take additional steps to verify your identity before fulfilling your request, such as by requesting you provide us a purchase receipt or other account information, asking you to link your email address with your game account, or asking you to answer questions regarding your activities on our Services. Once you have verified your identity, you may also designate an authorized agent to exercise your rights on your behalf by providing the agent’s contact information to our customer support staff, as required by applicable law.

 

You have the right not to receive discriminatory treatment as a result of your exercise of these rights.

 

COOKIES AND SIMILAR TECHNOLOGIES

Like most online services, we and our partners use cookies and similar technologies to provide and personalize the Service, analyse use, target advertisements and prevent fraud. Cookies and similar technologies allow us and our partners to store their preferences and track your activities within the Service. Note that our partners may operate under their own privacy policies.

 

We and our partners collect and store information about users' interactions with unaffiliated websites and applications that use our technologies, including cookies and similar tracking technologies. This allows us to infer the presence of a common user or household behind multiple devices or browsers, for instance, and then link those browsers and devices into a device graph. We do so in order to

 

detect and prevent fraud;

allow users to use the Service on one device and pick up seamlessly where they left off on another device;

analytics, personalization and attribution;

limit the number of times a user is shown the same advertisement, across all known or inferred devices; and/or

provide personalized advertising on each device that is inferred from the browsing patterns on all of the devices.

You can disable cookies in your browser settings, but some parts of the Service may then not function properly.

 

HOW DO WE PROTECT YOUR DATA

Security Safeguards.

In order to help ensure a secure and safe player experience, we are continuously developing and implementing administrative, technical and physical security measures to protect your data from unauthorized access or against loss, misuse or alteration.

 

Data retention.

We retain your data for as long as your account is active or as needed to provide you the Service. We may for example periodically de-identify unused game accounts, and we may regularly review and de-identify unnecessary data.

Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

CHILDREN

Protecting children’s privacy online is very important to us. Generally, our Services are not directed to children under 13 (or other age as required by local law), and the Services do not knowingly collect personal data from children, except as described in the following paragraph.

 

For games that are not directed at children but nonetheless may appeal to them, we take additional steps to limit access to these Services based on the player’s age. For these Services, when a player indicates they are under 13 (or the applicable age in their territory), we will limit their access to certain features, such as social media and chat features, as well as certain types of notification alerts. We also limit the processing of personal data to only what is necessary to support the internal operations of our Services.

 

Please note that for some of our Services we may use a higher age limit (such as 16) than described in the above two paragraphs. We do this to provide a safe game experience for our players and to protect Young Players.

 

If you are a parent or guardian and wish to review personal data collected from your child, or have that information modified or deleted, you may contact us as described above. If we become aware that a child has provided us with personal data contrary to the above, we will delete any personal data we have collected, unless we have a legal obligation to keep it, and terminate the child’s account and/or revert them to the underage experience, as applicable.

TERMS OF SERVICE

 

ENGLISH

Effective Date: August 12, 2022

 

The terms of this agreement ("Terms of Service") govern the relationship between you and Immortal Games, ("Immortal Games" or "Us" or "We") regarding your use of Immortal games's games, store, sites and related services (the "Service"). Use of the Service is also governed by Immortal games's Privacy Policy and other relevant policies, which are incorporated herein by reference.

 

Before accessing or using the Service, including browsing any Immortal games website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. A guest account may be created for you for the use of the Service and you may also be required to register an account on the Service (collectively "Account"). These Accounts include, for example, game Accounts. By using or registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.

 

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

 

IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with Immortal Games must be resolved on an individual basis through final and binding arbitration as described in Section 8 (“Dispute Resolution”).

 

Immortal Games reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Immortal Games policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Immortal Games Privacy Policy, or any other Immortal Games policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.

 

1. Using the Service

 

1.1. Your Right to Use the Service

 

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Immortal Games policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right 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 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 (such as Paypal) 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 Immortal Games, or previously been banned from playing any Immortal Games game.

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.

Login information and Your Account

 

You may be required to select a password for your Account or you may also use other credentials to access the Account ("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 Immortal Games 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.

 

Immortal Games 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.

 

Service supports only one Account per game on a supported device.

 

Use Limitations

 

Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.

 

You agree that you will not, under any circumstances:

 

Engage in any act that Immortal Games deems to be in conflict with the spirit or intent of the Service or make improper use of Immortal Games’s support services.

Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Immortal Games game or any Immortal Games game experience.

Modify or cause to be modified any files that are a part of the Service or any Immortal Games game without Immortal Games’s express written consent.

Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Immortal Games's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Immortal Games game environment.

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.

Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Immortal Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part 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.

Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Immortal Games employees, including Immortal Games’s customer service representatives.

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, including without limitation a Immortal Games employee.

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 Immortal Games game, or to obtain any information from the Service or any Immortal Games game using any method not expressly permitted by Immortal Games.

Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Immortal Games game.

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.

Use any Immortal Games game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.

Immortal Games reserves 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 of Service or the Service itself. Immortal Games reserves 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.

 

1.2. Suspension and Termination of Account and Service

 

WITHOUT LIMITING ANY OTHER REMEDIES, IMMORTAL GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR IMMORTAL GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. 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 VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND IMMORTAL GAMES 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 SERVICE AND 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 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.

 

IMMORTAL GAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

 

Immortal Games reserves 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 right to use the Service or a part thereof will be automatically terminated. In such event, Immortal Games 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 emailing us on immortalgamescontact@gmail.com  informing Immortal Games that you wish to terminate your Account.

 

 

 

2. Ownership

 

2.1. Games and Service

 

All rights, title and interest in and to the Service (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, , and the Immortal Games game clients and server software) are owned by Immortal Games. Immortal Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

 

2.2. Accounts

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF IMMORTAL GAMES.

 

2.3. Virtual Content

 

Immortal Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Immortal Games 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 Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any Immortal Games game, whether earned in a game or purchased from Immortal Games, or any other attributes associated with an Account or stored on the Service.

 

 

 

3. User Content

 

3.1. Submission of User Content

 

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Immortal Games game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Immortal Games in accordance with its Privacy Policy.

 

3.1.1. Content Screening

 

Immortal Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

 

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

 

Immortal Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Immortal Games chooses, in its sole discretion, to monitor the Service, Immortal Games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

 

3.2. Information Use by Other Members of the Service

 

3.2.1. Public Discourse

 

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Immortal Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Immortal Games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

 

3.2.2. Responsible For Your Own Content

 

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Immortal Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Immortal Games violates these Terms of Service.

 

3.2.3. Your License to Immortal Games

 

You hereby grant to Immortal Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Immortal Games the right to authorize others to exercise any of the rights granted to Immortal Games under these Terms of Service. You further hereby grant to Immortal Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Immortal Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Immortal Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

 

3.3. User Interactions

 

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Immortal Games games. Immortal Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Immortal Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Immortal Games access to any password-protected portions of your Account.

 

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

 

 

4. Fees and Purchase Terms

 

4.1.Purchases

 

In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or diamonds, all for use in Immortal Games games; (b) virtual in-game items, content or features; and (c) other goods or services (points a – c are jointly referred to as "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

 

You expressly agree that we will start the performance of the purchase agreement of Virtual Items or any other digital content before the expiration of any statutory withdrawal period defined in applicable laws. You give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends and you thereby loose the statutory right of withdrawal.

Immortal Games may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. To the fullest extent under applicable law, Immortal Games shall have no liability to you or any third party in the event that Immortal Games exercises any such rights.

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Immortal Games, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW.

The provision of Virtual Items for use in Immortal Games games is a service provided by Immortal Games that commences immediately upon acceptance by Immortal Games of your purchase.

4.2. Payment of Fees

 

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Immortal Games may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT IMMORTAL GAMES 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.

 

 

 

5. Updates to the Service

 

You understand that the Service is an evolving one. Immortal Games may require that you accept updates to the Service and to Immortal Games’s games you have installed on your device or computer. You acknowledge and agree that Immortal Games may update the Service and Immortal Games 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 Immortal Games games.

 

 

 

6. Disclaimer of Warranties

 

WITHOUT LIMITING IMMORTAL GAMES’S LIABILITY UNDER SECTION 7 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. IMMORTAL GAMES DOES 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.

 

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

 

 

 

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMORTAL GAMES 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 OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IMMORTAL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IMMORTAL GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO IMMORTAL GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE 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 IMMORTAL GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND IMMORTAL GAMES’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH IMMORTAL GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

 

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF IMMORTAL GAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF IMMORTAL GAMES.

 

You agree to indemnify, defend and hold Immortal Games (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

 

 

 

8. Dispute Resolution

 

You and Immortal Games agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this agreement.

 

Sections 8.1 to 8.6 apply to you if you are a resident of the United States or Canada. They do not apply to you if you are a resident of any other country.

 

8.1. Informal Dispute Resolution

 

You must try to informally resolve any dispute directly with Immortal Games for at least thirty (30) days before you start an arbitration. The informal dispute resolution process starts when you give Immortal Games written notice of the dispute through immortalgamescontact@gmail.com.

 

8.2. Arbitration Agreement

 

You and Immortal Games agree to resolve any disputes exclusively in final and binding arbitration as follows:

 

Either you or Immortal Games may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or Immortal Games brings a claim in court that can be resolved by arbitration under this section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 8 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.

 

An arbitration proceeding will be held before a neutral arbitrator. This means you and Immortal Games agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For example, the ability to force the other side to share information may be more limited than the process called discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or Immortal Games can ask the arbitrator to put a decision or award and the reasons for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and Immortal Games will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.

 

8.3. Arbitration Process

 

The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you can go to AAA’s website. If either of us decide to start arbitration, we agree to provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

 

The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the arbitrator decides that those fees are excessive, Immortal Games will pay the fees. Each side will pay their own attorneys’ fees and costs unless the claims allow for to the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.

 

The arbitration will take place either in San Francisco, California, USA or in the county or province where you reside.

 

8.4 Exceptions to Agreement to Arbitrate

 

You and Immortal Games agree that the arbitration agreement in Section 8.2 will not apply to the following disputes:

 

Claims about Immortal Games’s intellectual property, such as claims to enforce, protect, or concerning the validity of Immortal Games’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights.

Claims related to piracy or tortious interference.

Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration.

Claims in small claims court.

Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to Arbitration”).

 

8.5 No Class Actions

 

You and Immortal Games agree that we can only bring claims against each other on an individual basis.

 

That means:

 

You cannot bring a claim against Immortal Games as a plaintiff or class member in a class, collective, consolidated, or representative action.

The arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding.

The arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

If this section (Section 8.5 “No Class Actions”) is found to be unenforceable or invalid, then the entirety of Section 8, including Sections 8.1 to 8.6, shall be void.

 

8.6 Opt-Out of Arbitration Agreement and No Class Actions Provisions

 

You can choose to opt out of and not be bound by the Arbitration Agreement and No Class Action provisions above (Sections 8.1 to 8.5) by sending written notice of your decision to opt out to legal- immortalgamescontact@gmail.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Immortal Games also will not be bound by them.

 

9 Applicable Law 

 

If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the agreement to arbitrate and no class actions provisions of Section 8, and (2) any dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed in all respects by the laws of the State of California, USA without regard to conflict of law provisions.

 

If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of Poland without regard to conflict of law provisions.

 

10 Venue for Disputes Not Subject to Arbitration

 

If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Immortal Games that is not subject to arbitration under Section 8 must be resolved exclusively by a federal or state court located in San Francisco, California. You and Immortal Games consent to venue and personal jurisdiction in San Francisco, California for all such claims or disputes.

 

If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against Immortal Games must be resolved exclusively by a court located in Warsaw, Poland.

 

 

 

11. Severability

 

You and Immortal Games agree that if any portion of these Terms of Service or of the Immortal Games Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

 

 

 

12. General Provisions

 

12.1. Assignment

 

Immortal Games may assign or delegate these Terms of Service and/or the Immortal Games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Immortal Games’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

 

12.2. Supplemental Policies

 

Immortal Games may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

 

12.3. Entire Agreement

 

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Immortal Games Privacy Policy), contain the entire understanding of you and Immortal Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

 

12.4. No Waiver

 

The failure of Immortal Games to require or enforce strict performance by you of any provision of these Terms of Service or the Immortal Games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Immortal Games’s right to assert or rely upon any such provision or right in that or any other instance.

 

The express waiver by Immortal Games of any provision, condition, or requirement of these Terms of Service or the Immortal Games Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Immortal Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Immortal Games.

 

12.5. Notices

 

We may notify you via postings in our games, on immortalgames.club, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Immortal Games Privacy Policy shall be in writing and addressed to: immortalgamescontact@gmail.com.

 

12.6. Equitable Remedies

 

You acknowledge that the rights granted and obligations made under these Terms of Service to Immortal Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Immortal Games and which cannot be replaced by monetary damages alone so that Immortal Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

 

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Immortal Games game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

 

12.7. Force Majeure

 

Immortal Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Immortal Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Immortal Games’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.