Terms of

Service

overulez.com and mobile apps “tos” These terms of service (“TOS”) apply between you and Overulez Indie (”Overulez”, “we”, us”), regarding your use of Overulez’s games, apps, websites and related services ("Services"). Use of the Service is also governed by Overulez´s Privacy Policy As a precondition for you using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or you otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian or a holder of parental responsibility has reviewed and agreed to these TOS. By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services. Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features which may allow you to make purchases within the Services. We may issue additional policies related to specific components of the Services (including without limitation to  contests, or loyalty programs). Your right to use the Services is subject to such relevant policies and these TOS. Right to use the Services Subject to these TOS, Overulez hereby grants you a non- exclusive, non-transferable, non- sublicensable, limited right and license to use the Services for your personal and non- commercial use. The rights granted to you are subject to your compliance with these TOS. Except for above, you do not receive any other license. Overulez retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, themes, characters,  stories, settings, artwork, recording of gameplay made using the Services and moral rights whether registered or not and all applications thereof. Unless expressly authorized by mandatory legislation, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Overulez Indie. The Services and its contents are licensed, not sold. 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 or currency appearing or originating in the Services, whether earned in the Services or purchased from Overulez or third parties. Purchase within the service Overulez may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on limited, personal, non- transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Virtual Items do not have an equivalent value in real world money and do not act as a substitute for real world money. Neither Overulez nor any other person or entity has any obligation to exchange Virtual Items for anything of value. We haven’t liability for hacking or loss of your Virtual Items. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Overulez may revise the pricing for the goods and services offered through the Service at any time. Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non- refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started. If you request that your personal data to be erased as specified in our Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items as we cannot longer associate such Virtual Items with you. Code of Conduct and License Limitations You are responsible for your behavior when using the Services, including the posting or uploading of any User Generated Content. You agree that you will not, under any circumstances: • Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third- party software designed to modify or interfere with the Services. • Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services. • Attempt to decompile, reverse engineer, disassemble or hack any of the Services,  or to defeat or overcome any of the encryption technologies or security measures or data transmitted. • Attempt to get a password, account information, or other private information from anyone else on the Services. • 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 • 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 Third Party Services Services may include links to third party services (including without limitation advertisements served by third parties) and/or the third party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. Account The use of some Services may require having an account or otherwise register with the Services (”account”).  You may be required to select a password for your Account or you may also use other credentials to access the Account. You agree that you will not give your Login Information details to anyone else or allow anyone else to use your Login Information or Account. 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. We reserves the right to delete your Account if we observes no activity by you in relation to the Account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you. Overulez reserves the right to remove or reclaim any Account at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights. The Service supports only one Account per game on a supported device. User Content and the Services "Content" means all software, technologies, text, messages, links, emails, music, sounds, graphics, images, videos, code and any other audiovisual content or other content appearing on our Services, as well as the design and appearance of our Websites. Content includes content generated by Users. Overulez assumes no responsibility for the conduct of any other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. We does not, and cannot, pre-screen or monitor all content or conduct of other users. Your use of the Services is at your own risk. By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your expectations. We may utilize technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Services. You irrevocable consent to such monitoring and recording. Subject to mandatory legislation, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including without limitation chat text or voice communications. Overulez reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time Suspension and Termination of Account and Service Without limiting any other remedies available to Overulez, if we believes that you are in breach of these TOS, we reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services. Availability of Content and Services We reserve the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event and unless mandated by applicable law, Overulez is not required to provide refunds for Virtual Items other items in connection with such discontinued Services. Limitations of warranty and liability To the fullest extent permissible under applicable law, the Services are provided to you “AS IS” and “AS AVAILABLE” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. Overulez does not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non- infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. In no event will Overulez liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Overulez has been advised of the possibility of such damages. Some jurisdictions do not allow the certain limitations of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Dispute Resolution and Law If a dispute arises between you and Overulez we strongly encourage you to first contact us directly to seek a resolution by going to our customer support email (support.apps@overulez.com). If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Overulez must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and Overulez shall be governed by the laws of Italy without regard to conflict of law provisions. You agree that any claim or dispute you may have against Overulez must be resolved exclusively by a court located in Milan, Italy. Disclaimer of Warranties ITo the fullest extent permissible under applicable law, the Services are provided to you “AS IS” and “AS AVAILABLE” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. Overulez does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Overulez does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Overulez, its employees or other representatives constitute a warranty. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Changes to these TOS Overulez may update these TOS from time to time in response to changing legal, technical or business developments. By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS General Provisions Overulez may assign or delegate these Terms of Service and/or the Overulez 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 Overulez’s prior written consent, and any unauthorized assignment and delegation by you is ineffective. These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including our Privacy Policy), contain the entire understanding of you and Overulez 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. No Waiver The failure of Overulez to require or enforce strict performance by you of any provision of these Terms of Service or our Privacy Policy  or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Overulez’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Overulez of any provision, condition, or requirement of these Terms of Service or the Overulez 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 Overulez 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 Overuelz. Equitable Remedies You acknowledge that the rights granted and obligations made under these Terms of Service to Overulez are of a unique and irreplaceable nature, the loss of which shall irreparably harm Overulez and which cannot be replaced by monetary damages alone so that we 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 Overulez game and app, 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 Limitations of warranty and liability Effective date: Oct 12, 2016