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END USER LICENSE AGREEMENT (EULA) IWOCON
PLEASE READ THIS END USER LICENSE AGREEMENT, THE TERMS OF SERVICE (HTTPS:/WWW.INDIEWORLDORDER.COM/TERMS-OF-USE) AND OUR PRIVACY POLICY (HTTPS:/WWW.INDIEWORLDORDER.COM/PRIVACY) CAREFULLY BEFORE USING INDIE WORLD ORDER, LLC’S ("IWO") SERVICES. BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE OR BY USING ANY OTHER SERVICES AS DEFINED BELOW, YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
SECTION 1 – DEFINITIONS
1.1 Account. Any account provided by IWO that you create to access certain Services.
1.2 In-App Purchases. Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, aesthetic upgrades, access to certain areas.
1.3 IP right. Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
1.4 Privacy Policy. IWO’s policy regarding privacy. The current version is found at https://www.indieworldorder.com/privacy
1.5 Service or Services. Any game, software, website, and other related products or services by IWO and/or its affiliates.
1.6 Terms of Service or Terms of Use or Term. IWOCon and IWO Terms of Use. The current version is found at https://www.indieworldorder.com/terms-of-use.
1.7 End User License Agreement. This End User License Agreement.
1.8 Virtual Goods. Digital material IWO may make available under certain restrictions. Including, but not limited to gold, gold coins, and coins.
1.9 IWOCon. The video game and/or software “IWOCon” and any iteration of the videogame and/or software, including but not limited to any Alpha access version, Beta access version demonstration version, a developer version or any other version.
SECTION 2 - OWNERSHIP AND LIMITED LICENSE
SERVICES LICENSED NOT SOLD
2.1 Ownership. All rights, title and interest 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 services being used or played or using a IWO game client, and the IWO game clients or server software) are owned or licensed by IWO. IWO reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2 License. Subject to your agreement and continuing compliance with this End User License Agreement and our Terms of Use and any other relevant IWO policies, IWO grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in this Agreement, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
2.3 License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by IWO based on average usage of the Services from other users.
You acknowledge you will not directly or indirectly:
1. Partake in any activity or action that IWO deems to be against the spirit or intent of the Services.
2. Copy, distribute or reproduce any Service or related content.
3. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or IWO itself.
4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
5. 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 IWO employee.
6. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
7. Associate the services, IWO, any of its affiliates, any of its assets, or any of its users with illegal or inappropriate actions or any other action that IWO may deem inappropriate entirely at its own discretion including, but not limited to, any illegal or inappropriate action while streaming or sharing the services on any platform.
8. Stream, share or otherwise publish the contents of the services on any platform other than any platform in which IWO provides explicit written permission to stream, share or otherwise publish such content on or with.
2.4 Your Account and Virtual Goods and/or In-App Purchases. No matter what else is stated in this Agreement, our Terms of Use, or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by IWO and are licensed to you under the same rules as in Section 2.1, 2.2 and 2.3.
2.4.1 Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by IWO based on average usage of the Services from other users. If you would like us to delete your account, please alert us here: Contact@IndieWorldOrder.com
2.5 Streaming, screen sharing and content sharing. IWO may provide to you or other uses, expressly and explicitly in writing, permission stream, share or otherwise publish content located within IWOCon on specific websites or platforms. Unless and until such express written permission is provided, you agree and acknowledge that streaming, screen sharing or otherwise sharing content located within IWOCon to any outside source is strictly prohibited. IWO reserves the right to cancel your account and/or remove your access to the Services if you violate this Section.
SECTION 3 - USER CONTENT
3.1 IWO may provide an opportunity to upload and display content on certain services or as part of certain services, including the compilation, arrangement or display of such content. IWO assumes no responsibility for the conduct of any user submitting any content created by users ("User Content"), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk.
3.2 When you transmit or upload User Content, you agree to abide by the following rules:
1. All content will be accurate
2. All content will be free of any infringing material
3. All content will not be in violation of any law, contractual restrictions, or other parties' rights.
4. All content will be free of viruses, adware, spyware, worms, or other malicious code.
3.2.1 Violation of any of the rules listed in Section 3.2 may result in the termination of your account pursuant to Section 2.3 of this agreement.
3.3 You hereby grant IWO a revocable, 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 IWO the right to authorize others to exercise any of the rights granted to IWO under this End User License Agreement and our Terms of Service. You further hereby grant to IWO 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. IWO does not claim any ownership rights in your User Content and nothing in this End User License Agreement and our Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification to: Contact@IndieWorldOrder.com.
SECTION 4 - FEES AND PAYMENT TERMS
4.1 Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. IWO may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. IWO shall have no liability to you or any third party if IWO exercises any such rights.
4.2 Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Facebook, Apple iOS, Steam or Android will be subject to those platforms' payment terms and conditions. IWO does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
4.3 ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT IWO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
SECTION 5 - DURATION
5.1 Unless modified or amended by IWO, this agreement and its provisions shall remain in effect. Termination of any license granted by IWO under this agreement does not affect any other provisions of this agreement.
SECTION 6 - ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
6.1 You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services; or 3) are a minor age 13-17 who has been authorized under the provisions of Section 6.3 below. IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU MAY NOT USE OUR SERVICES. If you are under 13 years of age, you must not create an Account, use any part of the Services, or submit personal information through the Services.
6.2 Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 6.3 below, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
6.3 If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services, you can choose to allow use of your Account by that minor age 13-17 instead of yourself subject to the following provisions:
1. You acknowledge, and further agree they are entering into an agreement with your consent;
2. You acknowledge, and further agree you are responsible for all the provisions they have agreed to on your behalf;
3. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
4. In consideration for IWO allowing access to the Services by a minor age 13-17, and in addition to the provisions of Section 8 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless IWO with respect thereto.
SECTION 7 - SERVICE AND AVAILABILITY
7.1 You acknowledge that IWO may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
7.2 You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of IWO, and that IWO cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
SECTION 8 - ADDITIONAL WARRANTIES
AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT IWO AND ITS AFFILIATES ARE NOT LIABLE:
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE OR THE EQUIPMENT USED TO USE THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THIS AGREEMENT OR OUR TERMS OF SERVICE APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF IWO AND/OR IWO’S AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID IWO AND/OR IWO’S AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID IWO OR ANY IWO AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IWO AND/OR ANY IWO AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
SECTION 9 – INDEMNITY
9.1 You agree to defend, indemnify and hold harmless IWO, any third-parties under agreement with IWO, any parent, subsidiary or affiliate of IWO, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
1. Your failure to comply with any provision of this agreement;
2. Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
3. Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
9.2 You acknowledge, and further agree, that IWO has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
SECTION 10 - DISPUTE RESOLUTION
10.1 Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
10.2 Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if IWO, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or IWO may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
10.2.1 The American Arbitration Association (AAA) will run the arbitration between you and IWO, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in this Agreement or our Terms of Service is different than AAA’s rules and procedures, then we will follow this Agreement or our Terms of Service instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
10.2.2 YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and IWO agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
SECTION 11 - GENERAL PROVISIONS
11.1 It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that IWO may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
11.2 Force Majeure. Both you and IWO shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or IWO, as applicable under the circumstances.
11.3 No Waiver. If IWO does not enforce a provision of this Agreement, our Terms of Service, or our Privacy Policy, that does not waive our right to do so later. And, if IWO does expressly waive a provision of this Agreement, our Terms of Service, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and IWO to be legally binding.
11.4 Waiver. Signed written consent from a legally authorized representative of IWO is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
11.5 Injunctive Relief. You and IWO acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or IWO) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
11.6 Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Florida, or, as appropriate, by federal law as applied by a federal court sitting in Florida, both without regard to Florida choice of law rules.
SECTION 12 – CONTACT, QUESTIONS, COMMENTS
12.1 Should you have any questions or comments relating to this Agreement, please contact us at Contact@IndieWorldOrder.com.
This Agreement was last updated on February 13, 2021.
PLEASE READ THIS END USER LICENSE AGREEMENT, THE TERMS OF SERVICE (HTTPS:/WWW.INDIEWORLDORDER.COM/TERMS-OF-USE) AND OUR PRIVACY POLICY (HTTPS:/WWW.INDIEWORLDORDER.COM/PRIVACY) CAREFULLY BEFORE USING INDIE WORLD ORDER, LLC’S ("IWO") SERVICES. BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE OR BY USING ANY OTHER SERVICES AS DEFINED BELOW, YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
SECTION 1 – DEFINITIONS
1.1 Account. Any account provided by IWO that you create to access certain Services.
1.2 In-App Purchases. Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, aesthetic upgrades, access to certain areas.
1.3 IP right. Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
1.4 Privacy Policy. IWO’s policy regarding privacy. The current version is found at https://www.indieworldorder.com/privacy
1.5 Service or Services. Any game, software, website, and other related products or services by IWO and/or its affiliates.
1.6 Terms of Service or Terms of Use or Term. IWOCon and IWO Terms of Use. The current version is found at https://www.indieworldorder.com/terms-of-use.
1.7 End User License Agreement. This End User License Agreement.
1.8 Virtual Goods. Digital material IWO may make available under certain restrictions. Including, but not limited to gold, gold coins, and coins.
1.9 IWOCon. The video game and/or software “IWOCon” and any iteration of the videogame and/or software, including but not limited to any Alpha access version, Beta access version demonstration version, a developer version or any other version.
SECTION 2 - OWNERSHIP AND LIMITED LICENSE
SERVICES LICENSED NOT SOLD
2.1 Ownership. All rights, title and interest 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 services being used or played or using a IWO game client, and the IWO game clients or server software) are owned or licensed by IWO. IWO reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2 License. Subject to your agreement and continuing compliance with this End User License Agreement and our Terms of Use and any other relevant IWO policies, IWO grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in this Agreement, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
2.3 License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by IWO based on average usage of the Services from other users.
You acknowledge you will not directly or indirectly:
1. Partake in any activity or action that IWO deems to be against the spirit or intent of the Services.
2. Copy, distribute or reproduce any Service or related content.
3. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or IWO itself.
4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
5. 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 IWO employee.
6. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
7. Associate the services, IWO, any of its affiliates, any of its assets, or any of its users with illegal or inappropriate actions or any other action that IWO may deem inappropriate entirely at its own discretion including, but not limited to, any illegal or inappropriate action while streaming or sharing the services on any platform.
8. Stream, share or otherwise publish the contents of the services on any platform other than any platform in which IWO provides explicit written permission to stream, share or otherwise publish such content on or with.
2.4 Your Account and Virtual Goods and/or In-App Purchases. No matter what else is stated in this Agreement, our Terms of Use, or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by IWO and are licensed to you under the same rules as in Section 2.1, 2.2 and 2.3.
2.4.1 Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by IWO based on average usage of the Services from other users. If you would like us to delete your account, please alert us here: Contact@IndieWorldOrder.com
2.5 Streaming, screen sharing and content sharing. IWO may provide to you or other uses, expressly and explicitly in writing, permission stream, share or otherwise publish content located within IWOCon on specific websites or platforms. Unless and until such express written permission is provided, you agree and acknowledge that streaming, screen sharing or otherwise sharing content located within IWOCon to any outside source is strictly prohibited. IWO reserves the right to cancel your account and/or remove your access to the Services if you violate this Section.
SECTION 3 - USER CONTENT
3.1 IWO may provide an opportunity to upload and display content on certain services or as part of certain services, including the compilation, arrangement or display of such content. IWO assumes no responsibility for the conduct of any user submitting any content created by users ("User Content"), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk.
3.2 When you transmit or upload User Content, you agree to abide by the following rules:
1. All content will be accurate
2. All content will be free of any infringing material
3. All content will not be in violation of any law, contractual restrictions, or other parties' rights.
4. All content will be free of viruses, adware, spyware, worms, or other malicious code.
3.2.1 Violation of any of the rules listed in Section 3.2 may result in the termination of your account pursuant to Section 2.3 of this agreement.
3.3 You hereby grant IWO a revocable, 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 IWO the right to authorize others to exercise any of the rights granted to IWO under this End User License Agreement and our Terms of Service. You further hereby grant to IWO 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. IWO does not claim any ownership rights in your User Content and nothing in this End User License Agreement and our Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification to: Contact@IndieWorldOrder.com.
SECTION 4 - FEES AND PAYMENT TERMS
4.1 Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. IWO may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. IWO shall have no liability to you or any third party if IWO exercises any such rights.
4.2 Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Facebook, Apple iOS, Steam or Android will be subject to those platforms' payment terms and conditions. IWO does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
4.3 ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT IWO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
SECTION 5 - DURATION
5.1 Unless modified or amended by IWO, this agreement and its provisions shall remain in effect. Termination of any license granted by IWO under this agreement does not affect any other provisions of this agreement.
SECTION 6 - ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
6.1 You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services; or 3) are a minor age 13-17 who has been authorized under the provisions of Section 6.3 below. IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU MAY NOT USE OUR SERVICES. If you are under 13 years of age, you must not create an Account, use any part of the Services, or submit personal information through the Services.
6.2 Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 6.3 below, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
6.3 If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services, you can choose to allow use of your Account by that minor age 13-17 instead of yourself subject to the following provisions:
1. You acknowledge, and further agree they are entering into an agreement with your consent;
2. You acknowledge, and further agree you are responsible for all the provisions they have agreed to on your behalf;
3. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
4. In consideration for IWO allowing access to the Services by a minor age 13-17, and in addition to the provisions of Section 8 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless IWO with respect thereto.
SECTION 7 - SERVICE AND AVAILABILITY
7.1 You acknowledge that IWO may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
7.2 You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of IWO, and that IWO cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
SECTION 8 - ADDITIONAL WARRANTIES
AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT IWO AND ITS AFFILIATES ARE NOT LIABLE:
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE OR THE EQUIPMENT USED TO USE THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THIS AGREEMENT OR OUR TERMS OF SERVICE APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF IWO AND/OR IWO’S AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID IWO AND/OR IWO’S AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID IWO OR ANY IWO AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IWO AND/OR ANY IWO AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
SECTION 9 – INDEMNITY
9.1 You agree to defend, indemnify and hold harmless IWO, any third-parties under agreement with IWO, any parent, subsidiary or affiliate of IWO, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
1. Your failure to comply with any provision of this agreement;
2. Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
3. Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
9.2 You acknowledge, and further agree, that IWO has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
SECTION 10 - DISPUTE RESOLUTION
10.1 Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
10.2 Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if IWO, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or IWO may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
10.2.1 The American Arbitration Association (AAA) will run the arbitration between you and IWO, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in this Agreement or our Terms of Service is different than AAA’s rules and procedures, then we will follow this Agreement or our Terms of Service instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
10.2.2 YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and IWO agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
SECTION 11 - GENERAL PROVISIONS
11.1 It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that IWO may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
11.2 Force Majeure. Both you and IWO shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or IWO, as applicable under the circumstances.
11.3 No Waiver. If IWO does not enforce a provision of this Agreement, our Terms of Service, or our Privacy Policy, that does not waive our right to do so later. And, if IWO does expressly waive a provision of this Agreement, our Terms of Service, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and IWO to be legally binding.
11.4 Waiver. Signed written consent from a legally authorized representative of IWO is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
11.5 Injunctive Relief. You and IWO acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or IWO) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
11.6 Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Florida, or, as appropriate, by federal law as applied by a federal court sitting in Florida, both without regard to Florida choice of law rules.
SECTION 12 – CONTACT, QUESTIONS, COMMENTS
12.1 Should you have any questions or comments relating to this Agreement, please contact us at Contact@IndieWorldOrder.com.
This Agreement was last updated on February 13, 2021.