Last Update: May 4, 2019
IMPORTANT: READ CAREFULLY
NOTICE: THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, INDEMNIFICATION PROVISIONS, WAIVERS OF CLASS ACTION, WAIVERS OF JURY TRIAL, AND BINDING ARBITRATION. THE PROVISIONS OUTLINING THESE TERMS ARE FOUND IN SECTIONS 13, 14 AND 15. THESE PROVISIONS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement") is a legal agreement between “You” and MeeWow Games Inc. (“MeeWow Games,” “We,” or “Us”) for the Service (defined below in Section 1). The Service is provided by MeeWow Games for the purpose of providing users an enjoyable gaming experience. The Service may also provide information and links related to other MeeWow Games products and services, and third-party products and services.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, MEEWOW GAMES IS UNWILLING TO LICENSE THE SERVICE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.
MeeWow Games may amend this Agreement from time to time. Amendments will be effective upon the posting of such updated Agreement at this location or in the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Service after such posting confirms Your consent to be bound by the Agreement, as amended.
1. Software Delivery and Acceptance
Subject to Your agreement to be bound by all terms and conditions of this Agreement, MeeWow Games authorizes You to use and access (i) MeeWow Games’ proprietary mobile software applications, which include, but are not limited to, compiled software code, images, audio, media, designs, data, user interfaces, any documentation accompanying the programs, and any updates or supplements of such software and documentation (collectively, an “App” or the “Apps”); (ii) MeeWow Games’ servers designed to support and/or communicate with the Apps (collectively, the “Servers”); and (iii) MeeWow Games’s proprietary software and related media accessible at www.meewowgames.com, including all nested pages and related subdomains (the “Website”). The Apps, Servers, and Website are referred to herein collectively as the “Service”. This Agreement is deemed to be accepted by You when an App is initially downloaded or installed by You, when You access the Website (not including when Your access is only to view this Agreement), or when You access or use the Service in whole or in part in any other way.
2. License Terms and Conditions
Subject to all terms and conditions of this Agreement, MeeWow Games hereby grants You a non-exclusive, personal, non-transferable, non-assignable, limited license to use and access the Service for Your own non-commercial entertainment purposes in accordance with this Agreement. The Service is licensed to You, not sold, and MeeWow Games reserves the right to revoke such license at any time and terminate Your ability to use the Service for any reason or for no reason.
2.1 Third-Party Distributors. If You obtained an App through through a third party (such as the Apple App Store or Google Play) (each a “Distributor”), the following terms apply:
A. MeeWow Games is solely responsible for the Apps and their content (excluding User Content and Third-Party Content defined below);
B. Your use is limited to use on mobile devices that You own or control and as permitted by the rules set forth in the applicable terms of service provided by the Distributor, except that the Apps may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
C. The terms of this Agreement are subject to the applicable Distributor’s terms of service, which You acknowledge You have separately agreed to;
D. MeeWow Games has no obligation to provide refunds in connection with the Service or any in-app purchases. To the extent a refund may be available, refunds may only be obtained through the applicable Distributor.
E. In the event of any failure of an App to conform to any applicable warranty, You may seek a refund from the Distributor, which to the extent permitted by law will constitute the Distributors’ sole and exclusive obligation with respect to the App;
F. MeeWow Games and You acknowledge that the Distributors have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
G. MeeWow Games is responsible for addressing Your claims relating to the Apps, including product liability claims, legal or regulatory noncompliance, and claims arising under consumer protection, privacy, or other legislation; and
H. To the extent any obligation exists with respect to a third-party claim that an App infringes a third-party’s intellectual property rights, MeeWow Games will be responsible for the investigation, defense, settlement and discharge of such claim.
3. Proprietary Rights
The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved to MeeWow Games. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Service except as expressly authorized in this Agreement. No right to use any trademark or trade name of MeeWow Games is granted to You hereunder other than the right to display the MeeWow Games marks that are placed on the Service and any MeeWow Games messages when they are rendered in the Service, in which case such marks may not be altered or removed by You without written approval by MeeWow Games.
4. Service Usage
Accessing the Service is free. You may be able to purchase virtual goods and/or virtual currency through the Service. All purchases of virtual goods and virtual currencies are final and no refunds will be given, except by the Distributor or in MeeWow Games’ sole and absolute discretion. Virtual currency and goods are licensed and cannot be redeemed for ‘real world’ money. MeeWow Games has the absolute right to manage, regulate, modify, and/or eliminate such virtual currency and/or virtual goods as it sees fit in its sole discretion, and MeeWow Games shall have no liability to You or anyone for the exercise of such rights. You are responsible for all charges incurred from Your account whether they are made by You or anyone else who accesses Your account. All virtual goods and currencies are forfeited if Your account is terminated or suspended for any reason, and MeeWow Games has no obligation to refund You for any prior purchases or provide any other cure or remedy.
Rules of Conduct
You acknowledge and agree that, when using the Service, You may not:
Post, transmit, promote, or distribute User Content that is illegal. “User Content” means any text, data, graphics, images, photos, audio, video or audiovisual content, hypertext links, and any other content uploaded, transmitted, or submitted by individual users to the Service.
Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
Post, transmit, promote, or distribute User Content that is harmful, abusive, racially offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or otherwise objectionable. Hate speech is not tolerated.
Impersonate another person (including celebrities), indicate falsely that You are a MeeWow Games employee, or attempt to mislead users by indicating that You represent MeeWow Games or any of its partners or affiliates in any other way.
Engage in any commercial activities or post messages for any purpose other than personal communication, including but not limited to advertising or promoting a product, service, or website, or participating in the propagation of “spam”, junk email, solicitations, chain letters, pyramid schemes, etc.
Request or otherwise attempt to discover personal or private information about any other users of the Service or any employees or representatives of MeeWow Games.
Upload any software or User Content that You do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking, or distribution of counterfeit software.
Upload files that contain malware, spyware, viruses, or may be otherwise damaging, destructive, or harmful.
Create, use, or distribute “auto” software programs, “macro” software programs, or any other “cheat utility” software program or applications.
Attempt to interfere with, attack, hack, bypass the security of, or decipher any transmissions involving MeeWow Games’ Servers or systems.
Interfere with the ability of others to enjoy using the Service.
Obtain or attempt to obtain any unfair advantage, procure virtual items and/or virtual currency through unauthorized means, or bypass any game system by exploiting a bug, design flaw, technical issue, or any other method.
Third parties may also post additional rules that apply to Your conduct on those services. You must also obey all applicable laws, regulations and rules that apply to Your activities when You use the Service.
5. Digital Millennium Copyright Act – Notice & Takedown
If you are a copyright owner and believe that any User Content infringes upon your copyright rights, you may submit a notification to MeeWow Games’ Designated Agent at firstname.lastname@example.org. Pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), such notification must include:
A description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; your contact information (email and telephone number); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. Representations and Warranties
You represent and warrant, in addition to Your representations and warranties made elsewhere in this Agreement and as required pursuant to law, the following during Your download, installation, accessing, and/or use of the Service:
A. You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country;
B. You are not listed on any U.S. government list of prohibited or restricted parties;
C. You are not legally restricted from using the Service.
7. Third Party Content
Third-Party Content may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information, or materials in any way whatsoever except to use the Service for its intended purposes.
8. Internet Access
Using the Service may also use an Internet connection and may result in charges from Your Internet service provider. MeeWow Games is not responsible for any such charges. MeeWow Games is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of MeeWow Games’ direct control. MEEWOW GAMES IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR NETWORK COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
9. Restrictions on Use
Unless and to the extent specifically provided otherwise in writing by MeeWow Games, You may not:
A. Separate any individual component of the Service for use;
B. Incorporate any portion of the Service into other software or compile any portion of it in combination with other software;
C. Sell, rent, lease, lend, loan, distribute, assign, or sublicense the Service or otherwise transfer any rights to it in whole or in part;
D. Attempt to modify, reverse engineer, decompile, remove any proprietary notices from, or disassemble the Service in whole or in part, or create any derivative works from or of the Service, or encourage, assist, or authorize any other person to do any of these things; or
E. Make copies of or distribute the Service, or electronically transfer it or any portion of it from one computer to another or over a network, excluding making backups of Your mobile device.
We may discontinue some or all of the functionality of the Service at any time. We may also terminate Your right to use the Service at any time, and in such event we may make the Service inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Service, including without limitation, all driving laws and laws relating to copyright-protected content. You also agree that you will not authorize or assist any third party to violate any laws or regulations affecting use of the Service.
MeeWow Games may from time to time, in its sole discretion, update or modify the Service or portions thereof available to You under this Agreement. We highly recommend that You promptly install all updates released by MeeWow Games as soon as they become available. MeeWow Games disclaims any and all liability relating to Your failure to install any updates to the Service. Notwithstanding the foregoing, MeeWow Games does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Service.
11. Collection and Use of Data
12. Accessing the Service
You shall not share Your access to the Service with others or allow any third parties to access the Service on Your behalf at any time or for any reason unless otherwise allowed in writing by MeeWow Games. You warrant, and MeeWow Games may assume and rely on the assumption, that any and all activity and use of the Service from Your account is done by You. You are solely responsible for maintaining the security of access to Your account, and You agree that MeeWow Games will not be liable for any loss or damages resulting from use of the Service by You or on Your behalf by others, and that You are responsible for any purchases made from Your account.
You shall defend, indemnify, and hold harmless MeeWow Games and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, contractors, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Service; (ii) any dispute between You and any other user or users of the Service; (iii) Your interactions with any User Content, whether or not such User Content was created or posted by You; (iv) Your violation or breach of this Agreement, or (v) the infringement by You, or any other user of Your account, of any intellectual property or right of any person or entity.
14. Dispute Arbitration, Class Action Waiver, and Arbitration
14.1 General. In the event of a dispute, You and MeeWow Games will attempt to resolve such dispute through informal negotiation within sixty (60) days from the date a written notice of the dispute is sent to the other party. After sixty (60) days, either You or MeeWow Games may commence an arbitration proceeding to resolve the dispute as set forth below.
14.2 Binding Arbitration. If You and MeeWow Games do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration under the Federal Arbitration Act, 9 U.S. Code section 1 et seq., and the provisions of this Section 14. The dispute will be resolved by a neutral arbitrator whose decision will be final except for the limited right of appeal under the Federal Arbitration Act.
14.3 Class Action Waiver. To the maximum extent permitted under applicable law, any proceedings to resolve any dispute in any forum will be conducted solely on an individual basis. Neither You nor MeeWow Games will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and will proceed in a court of law, with the remaining parts proceeding in arbitration.
14.4 Disputes to be Filed in One Year. To the extent permitted by applicable law, arbitration or litigation of any dispute must be initiated within one (1) year from the date the cause of action accrued. If a dispute is not initiated within one (1) year, it will be permanently barred.
14.5 Equitable Relief. You agree that MeeWow Games would be irreparably damaged if the terms of this Section 14 are not specifically enforced. Therefore, in addition to any other remedy that We may have at law, and notwithstanding our agreement to arbitrate disputes, We will be entitled, without bond or other security, or proof of damages, to seek appropriate equitable remedies with respect to Your violation of this Agreement in any court of competent jurisdiction.
15. Disclaimers; Limitations of Liability
MEEWOW GAMES DOES NOT PROMISE THAT THE SERVICE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS PROVIDED BY MEEWOW GAMES “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. MEEWOW GAMES CANNOT ENSURE THAT THE SERVICE OR ANY FILES OR OTHER DATA YOU ACCESS IN RELATION TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICE, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICE ARE AT YOUR OWN RISK. MEEWOW GAMES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICE. THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE OVERALL PERFORMANCE OF THE SERVICE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEEWOW GAMES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ANY PROVISION OF, OR FAILURE TO PROVIDE, SUPPORT IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF MEEWOW GAMES, AND EVEN IF MEEWOW GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of this Agreement, MeeWow Games is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, MeeWow Games’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to the Service paid by you in the six months prior to the date of the initial claim made against MeeWow Games, or (2) US$200. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, MeeWow Games may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must immediately cease all use of the Service and discontinue exercising all license rights granted by this Agreement. Sections 2.1, 2.2, and 3 through 21 of this Agreement will survive any termination of this Agreement.
17. Dispute Resolution; Choice of Law
This Agreement shall be construed and controlled by the laws of the State of California without reference to its choice of law provisions, and You consent to exclusive jurisdiction and venue in the federal courts sitting in San Francisco, California, unless no federal jurisdiction exists, in which case You consent to exclusive jurisdiction and venue in the applicable California State Court located in San Francisco, California. You waive and covenant not to assert all defenses of lack of personal jurisdiction and forum non conveniens.
18. Export Law Compliance
You acknowledge that the Service is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Service, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use, and destination restrictions issued by U.S. and other governments.
19. Other Agreements
This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and MeeWow Games with respect to Your use of the Service, and any and all other written or oral agreements or understandings previously existing between You and MeeWow Games with respect to such use are hereby superseded and cancelled. This Agreement is not intended to supersede or replace any other agreements entered into with MeeWow Games by You or Your company. To the extent there are any conflicts or inconsistencies between this Agreement and any other agreement, policy, or documentation, the following order of precedence will apply for resolving such conflicts or inconsistencies: (i) this Agreement shall control; and then (ii) any other agreements, policies, or documentation.
20. Void Where Prohibited
Although the Service is accessible in many parts of the world, not all features, products, or services discussed, referenced, provided, or offered through or on the Service are available to all persons, available in all geographic locations, or appropriate or available for use outside the United States. MeeWow Games reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Service is void where prohibited. If You choose to access the Service from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. MeeWow Games’ failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by MeeWow Games of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between MeeWow Games and You or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.