LAST UPDATED DECEMBER 3, 2017
The term "Platform," will be used in the Agreement, and the Platform means and refers collectively, and individually, to:
1) the Opalnote Launcher software,
2) the gaming services offered and administered by Opalnote in connection with the Games,
3) each of the Games (including any authorized mobile apps relating to the Games),
4) the Sites,
5) all features and components of each of them, whether installed or used on a computer or mobile device
By accepting the Agreement, you submit to the jurisdiction of the courts of the State of Michigan for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Michigan.
Opalnote reserves the rights to modify and change the Agreement and such adjustment will be implemented immediately on the Platform. Your continued use of the Platform establishes your agreement to the modification. It is your responsibility to review any updates posted by Opalnote. Any disagreements to the Agreement by the user must result in the immediate voluntary discontinued use of the Platform.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE OPALNOTE PLATFORM.
Use of the Platform requires that you register, or have previously registered, an account on the Platform (an "Account"). Account creation and use are subject to the following terms and conditions:
i) you provide us with accurate and up to date information requested by Opalnote that is personal to you. This may include, but is not limited to, your address, your name, your email address and your phone number.
ii) you will not share the Account or the email and password you created for the Account with anyone other than yourself, unless otherwise allowed by the Agreement.
iii) In accordance to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. Permitting your minor child or legal ward (collectively, your "Child") to use an Account on the Platform constitutes acceptance of this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
iv) You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Furthermore, you accept and understand that Opalnote is not required to issue refunds for any purchase, donation or money transfer made for use of the platform or for any other purpose, for any and all reasons.
v) Opalnote reserves the right right to record and/or monitor your communications when you use the Platform. You understand and accept that when you use the Platform, you have no expectation that your communications will be private. Furthermore, Opalnote reserves the right to disclose your communications for any reason, including but not limited to:
a) to satisfy any applicable law, regulation, legal process or governmental request,
b) to enforce the terms of the Agreement,
c) to protect Opalnote's legal rights and remedies,
d) to protect the health or safety of anyone that Opalnote believes may be threatened,
e) to report a crime or other offensive behavior.
i) You are granted the right to download, install and/or use relevant components of the Platform on any computer or device under your authorized control
ii) You are granted use of the Platform for personal and non-commercial purposes only.
iii) Your rights and legal binding with respect to the Platform are non-transferable.
i) Opalnote reserves the right to revoke or suspend your license to use the Platform, in part or collectively, for any reason.
ii) You may not decompile, reverse engineer, disassemble, copy, reproduce or create derivative works based on, or in any way related to, the Platform.
iii) You may not use third party software to modify the Platform. This includes, but is not limited to, tools which enable or promote cheating, memory editing, or unfair game-play advantages.
iv) You may not exploit bugs in the Platform to gain an unfair advantage over other users not using or unaware of the bug.
v) You may not use bots or other software which automates game-play and/or use of the Platform.
vi) You may not emulate, intercept, or redirect the communication protocols used by Opalnote in any way and for any purpose; commercial, personal, educational or otherwise. Furthermore, you may not use, create, maintain, support, host or facilitate any unauthorized connection to the Platform. You may not aide or contribute code or any other assistance to organizations or individuals (including yourself) seeking to emulate, or already emulating, the Opalnote Platform in any way.
vii) You may not harrass, diminish or disrupt the experience of another user of the Platform in anyway not intended by the Platform. This includes, but is not limited to, frequently disconnecting yourself, conscious inactivity, abusive and/or hateful communications and/or behaviors towards other users.
a) By registering an Account on the Opalnote Platform, you are automatically granted access to a virtual currency (the "Opal", plural "Opals") cache (the "Wallet"). Opals may be purchased with real world currency using our Platform, or may be distributed to your Account as the result of a promotion or reward.
b) Purchases made with Opals may not issue an invoice or statement of transaction.
c) Purchasing Opals may incur additional taxes depending on the policies of your local governments or jurisdictions.
d) Opalnote reserves the right to reduce, suspend, deactivate, terminate, and/or liquidate your balance of Opals if it deems that you have violated the Agreement or used the Opals to conduct illegal or fraudulent activities.
e) Any use of the Opals in your wallet is your responsibility. That includes, but is not limited to, the use of your acquired Opals by individuals not authorized to use your account.
i) Opalnote owns and retains all right, title and interest relating to or residing in the Platform. The Platform may contain materials licensed by third-parties to Opalnote, and these third-parties may enforce their ownership rights against you in the event that you violate the Agreement. All data in connection therewith, and all copies thereof, are owned or licensed by Opalnote, including and without limitation:
a) all virtual content used by the Platform. This includes, but is not limited to, locations, artwork, structural or landscape designs, animations, audio-visual effects, themes, concepts, stories and storylines, names, likenesses, inventories, catch phrases of Game characters, game currencies, potions, weapons, armor, wearable items, skins, textures, graphics, pets, mounts, and all other content used by the Platform not mentioned in this clause.
b) computer code and source code
c) all Accounts registered on the Platform
d) all sounds and sound effects, recordings, and musical compositions originating in the Platform
e) all data and communications generated by, or occurring through, the Platform
f) the right to all derivative works and all other Moral Rights that relate to the Platform
While using any aspect of our platform, we may monitor your computer system or console for unauthorized third party programs running concurrently with any Game(s) which, in Opalnote's sole determination:
a) enable or facilitate cheating of any type;
b) allow users to modify or hack any Game interface, environment, and/or experience in any way not expressly authorized by Opalnote;
c) intercept, "mine" or otherwise collect information from or through any Game(s) (an "Unauthorized Third Party Program").
In the event that we detect an Unauthorized Third Party Program:
i) the Game(s) may communicate information back to Opalnote, including and without limitation to, your Account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby,
ii) Opalnote may exercise any or all of its rights and remedies under the Agreement without prior notice to the user linked to such Unauthorized Third Party Program.
TO THE EXTENT PERMITTED BY LAW, THE PLATFORM AND GAMES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCESS TO AND USE OF THE OPALNOTE PLATFORM AND GAMES IS AT YOUR SOLE RISK. OPALNOTE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND GAMES, INCLUDING, WITHOUT LIMITATION, ALL STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OPALNOTE MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE PLATFORM AND GAMES, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, FREE FROM CYBERATTACKS AND/OR HACKS AND/OR CRACKS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE OR THE CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAME-PLAY. OPALNOTE MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER, FEATURE, SERVICE, CONTENT AND/OR GAME-PLAY IN ITS SOLE DISCRETION. OPALNOTE HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SOFTWARE AND GAMES.
You assume the entire risk as to the results and performance of the Platform and any Game(s) in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software. Opalnote makes no promise that the Software and/or any Game(s) will work properly with any unlicensed peripheral device. Always look for the applicable official platform logo when purchasing a peripheral device.
Some states or other jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. In such states or other jurisdictions, liability is limited to the lowest amount permitted by applicable law. You may also have other legal rights which vary depending on your place of residence.
You agree to indemnify and hold harmless Opalnote from and against any and all loss, claims, expenses, damages, and costs, including without limitation reasonable lawyer fees, resulting, whether directly or indirectly, from your use of the Website and/or the information contained in the Website, or from your violation of the Terms of Service.
i) You expressly understand and agree that Opalnote shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website or these Terms of Service (howsoever arising including negligence).
ii) In no event shall Opalnote or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Platform or the Agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising out of your breach of the Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
iii) Your use of the Platform and its content is at your sole risk. The Platform and information are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
iv) Opalnote does not warrant that the Platform will be uninterrupted, timely, secure, or error-free.
v) Opalnote does not warrant that the quality of any products, services, information, or other material purchased, obtained or used by you through the Website will meet your expectations, or that any errors in the Website will be corrected.
The failure of Opalnote to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
Opalnote's failure to enforce any term of this contract or other guidelines explicitly stated elsewhere may not be considered as a waiver of the particular term. Opalnote's ability to enforce such term at any point in the future is not affected under any circumstances.