Terms and Agreements
Effective Date: February 28, 2017
IMPORTANT - READ CAREFULLY: This Terms of Use ("Terms") is a legal agreement between you and MooCow Ink (“MooCow Ink”) and governs the use by "you" of MooCow Ink’s website, services, forums, games and applications (collectively, the "Services"). By using the Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Services.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
PLEASE REVIEW MOOCOW INK’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE
1. LICENSE AND RESTRICTIONS.
Subject to these Terms, MooCow Ink grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without MooCow Ink’s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing “MooCow Ink,” its affiliates, partners or artists without MooCow Ink’s express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of MooCow Ink or third-parties.
Additionally, where the Services are a downloadable game and/or application (“App”), MooCow Ink grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
2. THIRD-PARTY PRODUCT, SERVICES AND LINKS.
MooCow Ink may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.
The Services may include hyperlinks to other websites over which MooCow Ink has no control. MooCow Ink is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
3. ACCESS TO THE SERVICES.
By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in MooCow Ink’s Privacy Policy or in the privacy policy specific to the Service you are using.
By using the Services and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review MooCow Ink’s Privacy Policy and opt-out procedures.
4. TITLE.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the “MooCow Ink Content”) shall remain in MooCow Ink and/or its suppliers, and are protected by the copyright laws of the the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the MooCow Ink Content are trademarks, registered trademarks or trade dress of MooCow Ink or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the MooCow Ink Content without prior written consent from MooCow Ink.
The Services may allow you to create content (“Your Content”) that incorporates the MooCow Ink Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. MooCow Ink retains all rights, title and interest in and to the MooCow Ink Content. You retain all rights to Your Content; provided, however, that MooCow Ink shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to MooCow Ink's use of Your Content.
5. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
MOOCOW INK MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, MOOCOW INK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE MOOCOW INK SERVICES IS AT YOUR SOLE RISK.
MOOCOW INK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT MOOCOW INK IS NOT LIABLE, AND YOU AGREE NOT TO HOLD MOOCOW INK LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
6. INDEMNIFICATION.
You agree to hold harmless, indemnify and defend MooCow Ink, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, MooCow Ink reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. TERMINATION.
These Terms will automatically terminate if you fail to comply with any term hereof. You and MooCow Ink have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 9, and 11 shall survive any termination.
8. NO ASSIGNMENT.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining MooCow Ink' express written consent.
9. ARBITRATION AND DISPUTE RESOLUTION.
These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Software or Forums shall be governed by the laws of United States. You and MooCow Ink agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, or your use of the Services or Forums shall be final and binding arbitration. The arbitration shall be conducted under the rules of the ICC International Court of Arbitration ("ICA"). To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and MooCow Ink); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and MooCow Ink). You and MooCow Ink must commence an arbitration by filing a demand for arbitration with the ICA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.
10. FEEDBACK.
MooCow Ink does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide MooCow Ink with feedback or other ideas, you agree that MooCow Ink is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
11. GENERAL.
These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between MooCow Ink and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of MooCow Ink. You agree that your breach of these Terms will cause MooCow Ink immediate and irreparable harm and MooCow Ink will be entitled, notwithstanding the arbitration clause set forth in Section 11 above, to seek injunctive relief without the necessity of posting bond. MooCow Ink and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
MooCow Ink may make changes to the Services, these Terms, or its Privacy Policy from time to time. MooCow Ink will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. MooCow Ink may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of MooCow Ink’s choosing. These Terms will inure to the benefit of and be binding upon MooCow Ink’s respective successors and assigns.
12. ADDITIONAL INFORMATION.
Apple, the Apple logo, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Google Play and the Google Play logo are trademarks of Google Inc.
Sherman the Alaskan Cow app uses the Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998 – 2017, Epic Games, Inc. All rights reserved.
Sherman the Alaskan Cow app includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. MooCow Ink, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, MooCow Ink, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Sherman the Alaskan Cow app, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Sherman the Alaskan Cow app, or will not revoke approval of this Sherman the Alaskan Cow app for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by MooCow Ink and Epic. MooCow Ink, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither MooCow Ink, Epic, Epic’s licensors, nor its or their affiliates, nor any of MooCow Ink or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will MooCow Ink, Epic, Epic’s licensors, nor its or their affiliates, nor any of MooCow Ink or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of MooCow Ink, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if MooCow Ink, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of MooCow Ink, Epic, Epic’s licensors, its and their affiliates, and any of MooCow Ink or Epic’s service providers shall be limited to the full extent permitted by law.
CONTACT US. If you have questions regarding these Terms, please contact us at:
MooCow Ink
Attn: Terms of Use
E-mail: [email protected]
