TERMS OF USE

Updated: May 13,2019

TERMS AND CONDITIONS

Thank you for using one of my products. PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING ANY AARON MCLEOD PRODUCT. By accessing or using my website, AGMProjects.com, or by downloading, playing or accessing any of my games posted on agmcleod.itch.io, Google Play, the Apple Store, or through any related webpage (collectively, the “Services”), on any phone, tablet, console, or other device (collectively “Device”), you are signifying that you have read, understood, and agree to be bound by these Terms, and any other applicable law. You also signify that you agree that the Privacy Policy posted on AGMProjects.com forms part of these Terms.

These Terms may change at any time, without notice, to keep up to date with any changes in the Services. Any changes will be effective upon its posting to AGMProjects.com. Your continued use of the Services will be considered your acceptance to the revised Terms. If you do not agree to these Terms, do not use the Services.

In these Terms, “Aaron McLeod”, “me”, “my” or “I”, refers to my sole proprietorship, a company operating in Toronto, Ontario, with its head office at 65 Broadway Ave., Apt 2404, Toronto, Ontario, M4P 1T9.

Please note, failure to comply with these Terms may cause your access to the Services to be terminated and/or for legal action to be taken by or on behalf of myself against you.

USING THE SERVICES

To access the Services you must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms. If you are a parent or guardian and you provide your consent to your child’s use of the Services, you also agree to be bound by these Terms, in respect of such child’s use of the Services.

In order to use the Service, you may be required to provide information about yourself including your name, e-mail address, and other personal information. You agree that any registration information you provide to me will always be accurate, correct, and up to date. You will only be allowed to provide your own personal information, and not the information of others.

You may use the Services for lawful purposes only. You will not post on AGMProjects.com, or any website related to the Services. anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Services. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.

VIRTUAL ITEMS

The Services may include virtual items or objects or other entitlements for use in the context of the Services and includes any form of virtual currency (“Virtual Items”). These items can be earned through gameplay or “purchased” with legal currency.

You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited personal revocable license to use them. Any balance of Virtual Items does not reflect any stored value.

I reserve the right to control, regulate, change, or remove any Virtual Items without notice and without any liability to you.

You are not entitled to bring any claims, actions, proceedings, or demands, whether presently existing or arising at any time in the future, (a “Claim”), in respect of, and do not suffer, any losses, costs, expenses, and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequently or in any other way (a “Loss’) as a result of any “loss” of or “damage” to your Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.

If I suspend or terminate your access to the Services due to your breach of these Terms, you will lose any Virtual Items that you may have and I will not compensate you for this loss or make any refund to you.

If you successfully request that your personal data be deleted in accordance with the Privacy Policy, you will permanently lose all your Virtual Items and will not have any right to a refund. Once your personal data is deleted I can no longer associate any Virtual Items with you.

SECURITY

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While I strive to protect such information, I cannot guarantee the security of any information you transmit to me. Accordingly, any information which you transmit to me is transmitted at your own risk. However, once I receive your transmission, I will take reasonable steps to preserve the security of it. You must take your own precautions to ensure your access to the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. I do not accept responsibility for any interference or damage to your Devices that arises in connection with your use of the Services.

INTELLECTUAL PROPERTY

You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services is owned and licensed by Aaron McLeod.

Subject to these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right to use the Services for your own personal, non-commercial, entertainment purposes. You agree not to use the Services for any other purpose. The rights granted to you under these Terms are subject to your full compliance with these Terms.

Except as set out above, you do not receive any other license and I retain all right, title, and interest in and to the Services, including without limitation any Virtual Items. This means I own at all times all copyright, trademarks, code, software, characters, themes, character names, game names, storylines, dialogue, settings, artwork, sound effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Services. The Services must not be copied, reproduced or distributed in any manner or any medium without my prior written consent, which may be granted or withheld in my sole discretion.

In particular, and without limiting anything contained in these Terms, you must not make, use, or make available, any cheats or technological measures designed to control access to, or elements of, the Services, including providing access to any Virtual Items, whether on a free of charge basis or otherwise.

Any copyright or other legal infringement may result in legal action taken on my behalf. If you believe that your intellectual property rights have been infringed by me or someone else using the Services, you may contact me by e-mailing the following information to, aaron.g.mcleod@gmail.com:

  • a description of the intellectual property rights and an explanation as to how they have been infringed;
  • a description of where the infringing material is located;
  • your address, phone number and e-mail address;
  • a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material is not authorized, and (ii) the information you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (if applicable); and
  • a physical or electronic signature of the owner of the exclusive right that has allegedly been infringed or of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

The license ends on the earlier of your disposal of the Services or our termination of the license in accordance with these Terms.

ACCESS TO THE SERVICES

I have the right to withdraw or modify the Services (in whole or in part) at any time, for any reason. For the avoidance of doubt, you understand that I have the right to alter the Services, at any time, in my sole discretion.

You understand that there may be times when the Services, or any part of the Services, are not available for technical or maintenance reasons, whether on a scheduled or unscheduled basis.

You may need to update third party software, from time to time, in order to receive the Services. It is your responsibility to update any third party software when updates are available. I am not liable for any loss or damage that you may suffer as a result of your failure to update.

I am not obliged to provide support for the Services, including but not limited to, providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of the Services.

THIRD PARTY SERVICES

Third party services may be used when you:

  1. purchase, install, or update the Services, including but not limited to digital storefronts such as the Apple iOS App Store or Google Play; and
  2. use the Services, including but not limited to gameplay recording and sharing, social media connectivity and the like.

These third party services are subject to respective third party terms and conditions. Please study these terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. I am not liable for the activities of any such third parties.

The Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You understand that:

  1. links to third party content or services are not endorsements, approvals, or recommendations by me of the third parties, or of any content or services provided by them;
  2. your use of any third party content or services may be subject to separate terms and conditions; and
  3. when you provide data to third parties you are providing it in accordance with their Privacy Policy (if any) and my Privacy Policy does not apply in relation to that data.

MOBILE SERVICES

The Services use certain features that are available to some mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms by this reference, further describe the collection and use of information through the Services.

DISCLAIMER

Any product, process, or technology published through the Services may be the subject of intellectual property rights reserved by Aaron McLeod, its subsidiaries, or licensors, and may not be licensed under these Terms.

The Services, including without limitation any products or services obtained through any third party platform, are provided “as is” and without warranties of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, Aaron McLeod, my affiliates, licensors, suppliers, advertisers, sponsors and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade. Aaron McLeod and my affiliates, licensors, suppliers, advertisers, sponsors, and agents do not warrant that your use of the Services, including without limitation any products or services available through any third party platform, will be uninterrupted, error-free or secure, that defects will be corrected, or that the Services, or any part thereof, the servers on which the Services are hosted, or any products or services available on any third party platform are free of viruses or other harmful components, or that all of the information is accurate. No opinion, advice, or statement made by me or my affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made through the Services, on third party platforms or otherwise, will create any warranty. Your use of the Services, including without limitation any products and services provided through any third party platform, are entirely at your own risk.

LIMITATION OF LIABILITY

IN NO EVENT WILL AARON MCLEOD, OR ANY OF MY AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR MY OWN OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXPEMLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, INCLUDING THAT WHICH IS AVAILABLE THROUGH ANY THIRD PARTY PLATORM, ANY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY PLATFORM. Your sole remedy for dissatisfaction with the Services, including that which is available through any third party platform or any linked website is to stop using the Services, products or linked websites, as applicable. The sole and exclusive maximum liability to myself for all damages, losses and causes of action, whether in contract, tort (including without limitation, negligence), or otherwise, will be $100CND. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. No communication of any kind between you and Aaron McLeod or a representative of Aaron McLeod constitutes a waiver of any limitations of liability hereunder or creates any additional warranty not expressly stated in these Terms. Multiple claims will not increase the monetary damages limit stated herein. You agree that the damage exclusions in these Terms will apply even if any remedy fails of its essential purpose.

INDEMNIFICATION

You shall indemnify and hold Aaron McLeod harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms, or any use by you of the Services. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without my prior written consent.

TERMINATION

I reserve the right to restrict your use of all or any part of the Services for any or no reason, without notice, and without liability to you or anyone else. I also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Services. These Terms remain in effect even after your access is terminated, in whole or in part. The Terms relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability, Miscellaneous, and terms that by their nature may survive termination will survive any termination of these Terms.

GOVERNING LAW; MEDIATION; VENUE

These Terms will be construed in accordance with, and governed by, the laws of the Province of Ontario, and of Canada, exclusive of choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms will be Toronto, Ontario, and any such decision or award shall be binding on the Parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

MISCELLANEOUS

Should any provision of these Terms be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms bind and enure to the benefit of the parties’ successors and assigns. These Terms are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms are provided for convenience only and shall not affect its construction or interpretation.

By accessing or using the Services, you agree to these Terms, without modification, and acknowledge reading them. I reserve the right to change these Terms or to impose new conditions on use of the Services, from time to time, in which case we will post the revised Terms on AGMprojects.com. By continuing to use the Services after I post any such changes, you accept the new Terms with the modifications

© Aaron McLeod 2019. All rights reserved.