Latest update: May 2020
These Terms and Conditions (“Terms“) govern your use of the Emplex, website http://www.emplex.app (“Site“) and any games, mobile applications, application programming interfaces, and other services offered by Emplex as well as services offered through third parties integrating Emplex functionality (“Services“).
Access to this Site and/or its use in any way qualifies you as a User (“User“, “you” “Users“).
2. ADDITIONAL TERMS; GAME RULES
Some of our Services may have additional terms and conditions (“Additional Terms“). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. It shall be understood that by using the Service, you agree to the Additional Terms without reserve.
The specific rules of each of the games included in the Services, such as guidelines regarding the control or scoring system, will be established on each of the games. Such rules are an integral part of these Terms and you accept that you will comply with all the rules and obligations of the rules.
3. ACCEPTABLE USE OF THE SITE AND SERVICES
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, certain kinds of conduct that may be harmful to other users or to us are forbidden. When you use the Site or Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other third party legal rights;
- upload, communicate, transmit or otherwise make available in the Site or in the Services any Content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory or otherwise objectionable, of pornographic, obscene or indecent nature, invasive of another’s privacy, hateful, likely to incite violence or racial or ethnic hatred, or any other content that could be prejudicial to your own rights or to those of third parties;
- send unsolicited or unauthorized advertising or commercial communications, such as spam, forge any TCP/IP packet header or the IP address or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- engage in spidering or harvesting, or participate in the use of software, including but not limited to spyware, designed to collect data from the Site or Services;
- collect information and/or personal data of other Users.
- interfere with or disrupt the proper provision of the Services, user access, or the servers or networks that provide the Services, or transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; stalk, harass, or harm another individual;
- impersonate any individual or legal entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web page contained in the Site;
- probe, scan, crack, track and/or test the vulnerability of any system or network, attempt to circumvent any technological measure or authentication measures implemented by us or any of our providers or any other third party (including another user) to protect the Site or our Services;
- access, search or attempt to access or search the Services by any means (automated or otherwise) other than through the interfaces published by us;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services;
- use the Services in any other way not permitted by these Terms; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
4. CONTENT ON OUR SITE AND SERVICES
For purposes of these Terms: (a) “Content” means the text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, software, scripts, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the ServicesÍ¾ and (b)”User Content” means any Content that users (including you) share, communicate, upload or make available through the Services. User Content includes communications with other users and with us, links, personal information, images, videos, and information provided by users on user profiles.
4a. Your Use of the Site, Services and Content Is at Your Sole Risk
User Content, whether publicly posted or privately transmitted, is the sole responsibility of the users who originated such User Content. Although we may review User Content, we are not obligated to do so. In addition, we do not undertake to review all User Content before it is distributed through the Site or Services, and cannot ensure prompt removal of objectionable User Content after it has been posted or distributed.
You understand that by using our Site and Services, you may be exposed to User Content that might be indecent, offensive, harmful, inaccurate, objectionable, inappropriate or detrimental to third parties. We do not endorse, support, represent or warrant the quality, entirety, truthfulness, accuracy, or reliability of any User Content or communications, or endorse any opinions expressed via Site and Services.
You accept that the use of the Site and Services is at your own risk and responsibility. As stated more fully in Section 13, under no circumstances will we be liable in any way for any Content or User Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the viewing, transmission, use or reliance on any Content on our Site or Services or elsewhere, or any Content that may be found to be indecent, offensive, harmful, inaccurate, objectionable or otherwise inappropriate, mislabeled or otherwise deceptive.
Emplex has the right to warn you that User Content is not monitored. We will work with our Users to enforce these Terms, including the Acceptable Use provisions described above, and remove inappropriate or objectionable content. We reserve the right to remove any User Content for any reason, at our sole discretion.
4b. Your User Content and the Rights You Grant Us
The Site and some of our Services allow you to suggest, store, send, publish, receive or upload to the Site or to the User Content Services. Access to these functions might be subjected to age restrictions.
By storing, sending or uploading User Content to the Site or to any of our Services, you grant us a non-exclusive, transferable, sublicensable, royalty-free, undefined, irrevocable, universal and free-of-charge license of the following rights for the User Content related to the Service:
- Distribution rights.
- Public communication rights in all the forms considered in the intellectual property rules.
- Transformation Rights.
and/or services. This license also includes the right to use User Content to provide, promote, and improve the Site and Services, develop new services, and to distribute your User Content. The license on User Content is not exclusive, which means that you can utilize User Content for your own ends or allow a third party to utilize it for their ends. However, you cannot use Derivative Works outside the Site or Services without a prior express written permission from Emplex. This license is fully-paid and royalty free, meaning we, and other companies, organizations or individuals who partner with us, do not owe you any money or compensation of any kind in connection with our use of your User Content. We may exercise our rights under this assignment anywhere in the world. Lastly, this license is perpetual and irrevocable, meaning that our rights under this assignment continue even after you stop using the Site and Services.
You promise that:
- You own all rights, including the intellectual property rights, to your User Content or, alternatively, that you have exclusive right to assign the rights described above; and
- Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You understand and acknowledge that you are solely responsible for the liabilities and obligations that may arise from the User Content you provide, including the use of such User Content by other users and third parties.
You understand that your User Content may be broadcasted, distributed, or published by third parties and if you do not have the right to submit User Content for such use, you may be liable for any damage resulting thereof. Emplex will not be responsible or liable for any use of User Content by third parties, or for any use by Emplex in accordance with these Terms.
We may refuse to accept or transmit User Content for any reason at our sole discretion. We may also remove User Content from the Site or Services for any reason at our sole discretion.
You agree that Emplex has no obligation to monitor or protect User Content.
4c. Ownership of all other Content
Please be informed that we are the rightful owners or have license of all rights regarding (a) the Site and Services, including all software, text, media, and any other Content available on the Site and Services (“Our Content“); and (b) our trademarks, logos, domain names, and brand elements (“Brands“).
4d. Advertising Content
The Site and Services may include advertisements and other information, which may be targeted to the content or information on the Services (including User Information), queries made through the Services, or any other information. The types and extent of advertising by Emplex on the Services are subject to change.
You accept that, in consideration of the use of the Site and Services, Emplex and/or other third parties associated with it may include and distribute advertising material, both its own and belonging to third parties, at any time on the Site, in the User Content and/or in the Services.
4e. Content Removal; Cooperation with Law Enforcement
We have the right to:
- remove or refuse to distribute any Content or User Content at our sole discretion;
- take any action with respect to any Content or User Content that we deem necessary or appropriate at our sole discretion, which includes taking legal action in those cases in which we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or Services or the public, or could lead to liability for us;
- disclose your personally identifying information or other information about you to any third party who claims that User Content provided by you violates their rights, including their intellectual property rights or their right to privacy;
- take appropriate legal action, including without limitation, disclosing your personally identifying information or other information about you to law enforcement, for any suspected illegal or unauthorized use of the Site or Services;
- terminate or suspend your access to all or part of the Site or Services, and to reclaim and redistribute usernames, for any reason, including, but not limited to, any violation of these Terms.
5. YOUR LIMITED LICENSE TO THE SITE, SERVICES, AND CONTENT
Subject to and conditioned on your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable license to access and view the Site, User Content and Our Content solely in connection with its permitted use, and solely for your personal and non-commercial purposes.
You may not download, capture, save, distribute or rebroadcast any of Our Content or any others’ User Content. You may only download, capture, and/or save your User Content using the tools we make available for such purpose through the Site or Services. However, you cannot use Derivative Works of your User Content, as defined inSection 4.b, outside the Site or Services without a prior express written permission from Emplex.
Subject to and conditioned on your compliance with the Terms, we also grant you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of our game(s) or app(s) on a mobile device and to run such copy of such game(s) or app(s) solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the game(s), app(s), Site or ServicesÍ¾ (b) distribute, transfer, sublicense, lease, lend, or rent the game(s), app(s), Site or Services to any third partyÍ¾ (c) reverse engineer, decompile, or disassemble the game(s), app(s), Site or Services Í¾ or (d) make the functionality of the game(s), app(s), Site or Services available to multiple users through any means. We reserve all rights in and to the game(s), app(s), Site or Services not expressly granted to you under these Terms.
7. USER ACCOUNTS
In order to access some features of the Site or Services, you must create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are the sole responsible for the activity that occurs on your account, and you must keep your account password secure and preserve its confidentiality.
Emplex encourages you to use strong passwords (passwords that include a combination of upper and lower case letters, numbers and symbols).
Should you become aware of any violation or unauthorized use of your account, you must notify us immediately.
Emplex will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of Emplex or other third parties as a result of the inappropriate use of your account.
9. CHANGES TO THE SITE OR SERVICES
We often improve and update the Site and Services. We reserve the right to change or discontinue the Site or Services at any time, with or without notice to you.
10. CANCELLATION AND SURVIVAL
Emplex reserves the right to allow access to the Site and the Services only to those Users who meet the access conditions provided in this Terms and Conditions, and for any other condition that Emplex may establish, at its own discretion, in the future, being able to revoke and / or cancel your permission to access the Site and the Services. Notwithstanding the above we reserve the right to cancel the right of access to any User to the Site or the Services at any time, at our sole discretion.
You may terminate this legal agreement with Emplex at any time for any reason, by discontinuing the use of the Services and/or by contacting firstname.lastname@example.org to delete your account
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account, or your User Content. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
12. CHANGES TO THESE TERMS
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Said changes will go into effect on the revision date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.
The owner of this Site and Services is: