Terms and Conditions
AGREEMENT OF TERMS AND CONDITIONS FOR ONLINE SALES
YOU MUST READ THIS AGREEMENT CAREFULLY - IT IS A BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND OBLIGATIONS.
This agreement of the terms and conditions (the “Agreement”) that apply to all online sales of a license by GameAgents Corp. (“Gogii”) to use of the “Product " (Product means: (a) any and all video game(s) and related software code (b) the documentation, instruction manuals, and user manuals associated with the software; (c) audio and visual characteristics, screen images, plot, characters, “look and feel,” and all of the other distinctive art and design features and characteristics of the game(s) and related software code; and/or (d) all other intellectual property of any nature or kind and all rights associated therewith, including without limitation, all rights of copyright, patent, trade secret, trademark, service mark, trade dress, artistic and moral rights, mask rights, character rights, publicity rights, and any and all other proprietary rights of any kind whatsoever relating to or associated with any and all video game(s) and related software code or any other item sold via the internet and/or any updates or upgrades to the Product) to third parties (all purchasers/users of the Product shall be referred to as “you” herein and all terms in reference thereto shall be a reference to such persons.).
This is a legally binding agreement between you and Gogii. You acquire the limited license to personally use the Product by paying for the license to use the Product and by your agreement to be bound by this Agreement. If you fail to abide by the terms of this Agreement you will immediately return all such Product and delete all related software. The license is effective as of the time that you download the Product and shall terminate on your breach of this agreement. The license is limited to you personally and you may only use the Product for the purpose for which it was intended, to be played as a video game. If you buy more than one Product, each Product will be bound by this Agreement or the agreement in place at that time and any change to any term of this Agreement shall be effective as of the date of such change on both parties. You can’t change this Agreement in manner or form. Any changes can only be made by Gogii in writing and such changes will not materially affect your rights or obligations.
USE OF PRODUCT
You agree that although you acquire a license from Gogii to personally make use of the Product, Gogii is the sole owner of the Product and you will abide by this agreement. You may make one backup or archival copy of the Product and, if you do make such a copy, you will include all information with such copy, including this agreement. You will not share, transfer or otherwise deal with the Product in any way. Without limiting the foregoing, you will not engineer, disassemble, modify, reverse engineer, modify or alter the Product in any manner or permit others to do same. You will not loan, rent, lease or otherwise transfer any part of the license or the Product to any party.
PAYMENT & WARRANTY
You will promptly pay all amounts charged to you by Gogii for the license and shall not dispute any such payment for any reason other than that the Product is not (within seven days of the date of license) performing as intended by Gogii; and any such claim will only be made after Gogii has been given the opportunity to address any such issue. ALL CLAIMS FOR THE REFUND OF PAYMENT SHALL BE MADE WITHIN SEVEN DAYS OF THE DATE OF YOU ACQUIRING THE LICENSE. AFTER SEVEN DAYS FROM THE DATE YOU ACQUIRE THE LICENSE, YOU WILL NOT BE ENTITLED TO A REFUND BUT GOGII SHALL CONTINUE TO PROVIDE ASSISTANCE AND SUPPORT THROUGH ITS CUSTOMER SUPPORT SERVICE CENTRE.
GOGII REPRESENTATIONS
Gogii represents and warrants that to the best of its knowledge, the Product, and Gogii’s technology or materials used in connection with the Product, including Gogii's website: (a) shall not infringe any third party intellectual property rights; (b) to the best of its knowledge, shall not be libelous, tortious, sexually explicit, promote violence, be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age, or violate or infringe upon the publicity or privacy rights of any third party; or (c) contain any viruses, worms, trojan horses or other code intended to access, modify or damage any data, software or hardware.
LIMITATION OF GOGII’S LIABILITY
GOGII WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA OR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) EVEN IF SUCH PARTY CLAIMING SAME HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WILL GOGII’S PARTY'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT YOU PAY FOR THE PRODUCT.
GOVERNING LAW
This Agreement shall be governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of New Brunswick.
SUCCESSORS IN INTEREST
The provisions of this Agreement shall be binding upon and inure to the benefit of the parties and, as applicable, their heirs, agents, successors, administrators and assigns. You may not assign this Agreement without written approval from Gogii in advance which may be unreasonably withheld. Gogii may assign this Agreement to any party which agrees to be bound by the agreement. Gogii will be released from any liability if it assigns the Agreement and all rights and obligations thereunder to a party who assumes same.
WAIVER
The waiver of any provision or the breach of any provision of this Agreement shall not be effective unless made in writing. Any waiver by Gogii of any provision or the breach of any provision of this Agreement shall not operate as or be construed to be a continuing waiver of the provision or the breach of the provision.
SEVERABILITY
In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding between the parties with respect to the subject matter here.
