Terms Of Service

1. GAMING & CONDUCT RULES

The Services are provided based on community, fairness, integrity and fun so please follow the rules and have fun! This section of the Terms sets out the rules around creating accounts, in-game features, and prohibited behaviour.
User Accounts. Each user is limited to a single account per platform or device although we recommend that you maintain a single account across all platforms. If you choose to disregard this advice and maintain multiple accounts across different devices, none of your accounts may interact with one another in any way. If they are found to have interacted, one or more of the accounts may be banned, reset, or otherwise penalized.
Virtual Goods Transfers & Account Sales. Any content (including virtual in-Game currencies and virtual goods) that originated from Game cannot be sold, transferred or redeemed for ‘real world’ money. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Website/Games and possible legal action. All sales of virtual goods and virtual currencies are final and no refunds will be given. Virtual currency and goods cannot be redeemed for ‘real world’ money. Company 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 Company shall have no liability to you or anyone for the exercise of such rights. You are responsible for all charges incurred under your account made by you or anyone who accesses your account. All virtual goods and currencies are forfeited if your account is terminated or suspended for any reason.
General Conduct & Prohibited Acts. Particular activities are against our rules and policies. You are not permitted to: 1. Use the Games if you are a minor (under the age of 13).
2. Select a name for your character that is disrespectful to other users.
3. Use Bots, Auto-Clickers, Hacks or Exploits in the Games or engage in any other conduct prohibited in our Rules and Policies.
4. Accuse other users of cheating through any communication channels within the Games. This includes the forums, players’ comments wall, player status messages, and chat. If you do suspect another player is cheating and have substantiated evidence, please notify us directly by filling out our contact form.
5. Upload, post, email, transmit or otherwise make available:

• on the Services any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, sexually-explicit, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable.
• any material that infringes any intellectual or other proprietary rights of any party (including privacy and publicity rights).
• any material that You do not have a right to make available.
• any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive (e.g. impersonating another user or our staff, or any material that could damage or harm minors in any way.
• any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Services or that of any users or viewers of the Services or that compromises a user’s privacy.

6. Interfere with or disrupt the Services (including any security-related features) or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
7. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
8. Resell the content of the Services, the use of the Services or access to the Services or the content of the Services.
9. Share Company-issued passwords with a third party or encourage another Company user to do so.
10. Misrepresent the source, identity, or content of information transmitted via the Services, (such as claiming a created work as your own that is not actually yours).
11. Use or encourage others to use the Services for any illegal or inappropriate purpose (such as sharing accounts – all accounts are for one user only).
12. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.
13. Modify the Services for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Services.
14. Attempt to circumvent our language filters which are in place to prevent derogatory remarks.
15. Engage in any other conduct otherwise prohibited by these Terms.

Action by Company.
Any of the prohibited activities set out above may result in the deletion of your post or thread (chat/forum/profile walls) and may result in your account being temporarily or permanently limited, blocked, suspended or terminated, depending on the severity of the violation, or any other sanctions Company deems appropriate.

Availability.
Company may alter, suspend, or discontinue the Services at any time and for any reason without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Company may periodically add to or update the information and materials on the Services without notice. Company reserves the right to change and update the Games as and when Company wishes to or deems it necessary.

2. INTELLECTUAL PROPERTY, OWNERSHIP AND CONTENT RULES 

Company values and protects IP. This Section of the Terms sets out details of ownership of information and technology used or provided through the Services. Copyright and Trademark Information. The Services, and the information and materials that it contains, are the property of Company and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Company product names and logos are trademarks or registered trademarks of Company. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any materials displayed on the Services through the use of framing or otherwise, except with the prior written permission of Company. Feedback & Suggestions. If You provide Company with any suggestions, comments or other feedback (“Feedback”), Company may use such Feedback in the Services or in any other Company products or services. Accordingly, You agree that: (a) Company is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Game Hive, (c) Company (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Company or any of the other users of the Services. Content. All information, data, messages or other materials, whether publicly posted or privately transmitted to the Services, is the sole responsibility of such viewers or users. Company does not control such content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable. Partner Terms of Service. Company abides by the terms of service of our platform partners including, but not limited to, Facebook, Apple, Google, and Android. You have read and acknowledge that you abide by the terms of service for the respective platform partner through which you are accessing our Services. Please be aware of their terms and do not violate them as it may result in a ban.

3. LIABILITY AND RISK TERMS

In order to make the Services available to you, Company must limit its liability as set out in these Terms.
Release. Because Company does not supervise or control the interactions among or between members of Company and other persons or companies, and because Company does not control credit card companies or other payment processing companies, and because Company cannot guarantee the true identity or age of users of the Services, and because Company has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Services you agree that you bear all risk and you agree to release Company (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages arising out of or in any way connected with your use of the Services or any third party transactions. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS.” COMPANY DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE SERVICES ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES OR IN RESPECT TO ANY SERVICES THAT CAN BE REACHED FROM A LINK ON THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SERVICES, AND GAME HIVE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE SERVICES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SERVICES, (IV) PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD COMPANY AND ITS AFFILIATES, OFFICERS, AGENTS, PLATFORM PARTNERS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

4. GENERAL TERMS

This section sets out other useful information and legal terms you should be aware of when using the Services.
Links to Third-Party Services. The Services may contain links to other Services that are not owned or controlled by Company. Company is not responsible for the content of any linked Services. Any third-party Services, or services accessed from the Services, are subject to the terms and conditions of those Services, and You are responsible for determining those terms and conditions and complying with them.
Termination. Company may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or any other agreement that You may have with Company (including, without limitation, non-payment of any fees owed in connection with the Services), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Services may also include removal of some or all of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by Company in its sole discretion and that Company shall not be liable to You or any third-party for any termination of Your access to the Services or for the In the event that your account is terminated or cancelled by you or by Company, no refund will be granted and you will no longer have access to Site Content. Any termination of these Terms by Company shall be in addition to any and all other rights and remedies that Company may have.
Security. Information sent or received over the Internet is generally not secure and Company cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
Enforceability. If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Company to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Company must be in writing and shall only apply to the specific instance identified in such writing.
Disputes. You agree that any action at law or in equity arising out of, or relating to, these Terms or Company will be filed only in the provincial court of Ontario or in the Federal courts, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Company does not get involved in player-to-player disputes. Our focus is to make the game as fair and balanced as possible and we are committed to doing this on an ongoing basis Updates. Company reserves the right, at any time, to modify, suspend, or discontinue the Services, the Services content, or any part thereof with or without notice. You agree that COMPANY will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Services content.
Entire Agreement. These Terms, together with our Privacy Policy and Rules and Policies constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by Company.
Should you have any questions or concerns regarding these Terms, please contact us through our website at widecurrentline.com.

5. RESTRICTIONS

Except as expressly authorized herein, you agree to the following restrictions:
1. You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Company Service except as expressly provided in this Agreement.
2. You may not distribute, sell, resell, sublicense, rent, lease, share, or lend any portion of the Company Service.
3. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of any portion of the Company Service.
4. You agree that you shall only use the Company Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Company Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
5. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Company Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Company Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Company Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Company Service.
6. You agree not to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Company Service or Content, except as expressly authorized by Company.
7. You agree not to use any robot, spider, internet search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Company Service or any Content without our express permission.
8. You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Company’s technology infrastructure or otherwise make excessive traffic demands of the Company Service.

6. USER CONDUCT

Information, data, software, sound, images, tags, or other materials uploaded, transmitted or otherwise made available by you via the Company Service (“User Content), whether publicly posted or privately sent, is the sole responsibility of the person that sent the User Content. This means that you, not Company, are entirely responsible for all of your User Content. You agree not to upload, transmit or otherwise make available any User Content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable, invasive of another’s privacy, or that violates the intellectual property rights of others.

7. VIRTUAL GOODS

Our games may include virtual currencies such as “gold”, “bucks” or “coins” and other virtual items, some of which may be “earned” or purchased for real money (“Virtual Goods”). You must be 18 years old to purchase Virtual Goods with real money. Your account and any related items are owned by Company. Company gives you a limited license to use your account and the related items while we offer the Company Service.
If your account is terminated in accordance with these Terms of Service, we will also delete and terminate any Virtual Goods associated with your account. You are not allowed to transfer Virtual Goods outside of the Company Service, for example by selling, gifting, or trading them. Any such transfer or attempted transfer is prohibited and void may lead to the termination of your account and any associated Virtual Goods.

8. PROVIDER CHARGES

We are not an internet service provider. To access the Company Service or to play our mobile games, you must have internet access and/or mobile handset that meets the technical requirements of the Application Provider. In connection with your use of the Company Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

9. INFORMATION RECIEVED

The Company Service may store and provide to Company data about your location and about your interaction with the Company Service, including without limitation, data related to gameplay and the content accessed while using the Company Service.

10. ADVERTISING/THIRD PARTY OFFERS

In connection with your use of the Company Service, we may display certain third party advertising based on your current location or your use of the Company Service. Additionally, the Company Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Company. Company is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.

11. LINKS

We may provide links to third party services from the Company Service. We are not responsible for the content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to any such third party you are providing it in accordance with such third party’s privacy policy (if any) and Company’s obligations under its Privacy Policy do not apply in relation to that data.

12. INTELLECTUAL PROPERTY

You have no right to exploit Company’s intellectual property except as specifically set forth in this Agreement. Company retains ownership of all intellectual property rights (including, without limitation, copyrights, patents, know-how, trade secrets and any trademarks or service marks) in and relating to the Company Service (collectively the “Company IP”). You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Company IP or any portion thereof, or use such Company IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not, nor authorize, encourage or assist others to, attempt to decompile, disassemble, reverse engineer, modify or create derivative works based on the Company IP.

13. FEEDBACK

You may voluntarily elect to send us any ideas, suggestions, documents or proposals (“Feedback”) related to the Company Service or otherwise. By sending us Feedback, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

13. LIABILITY; DISCLAIMERS; NO WARRANTIES

THE COMPANY SERVICE, INCLUDING THE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS. COMPANY, AND ITS USERS, AFFILIATES, LICENSORS, AGENTS, MERCHANTS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE COMPANY SERVICE, INCLUDING THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU COMMENCE USING THE COMPANY SERVICE. THIS CONDITIONAL WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR USERS, LICENSORS, AGENTS, MERCHANTS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE COMPANY SERVICE, YOUR USE THEREOF OR IN ANY WAY RELATED TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT IN NO EVENT SHALL COMPANY, OR ITS USERS, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY DAMAGES, INJURIES OR LOSSES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY ANY THIRD PARTIES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE COMPANY SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE COMPANY SERVICE. YOU WAIVE AND RELEASE COMPANY AND ITS USERS, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS FROM ANY CLAIM, LIABILITIES, DAMAGES, OR INJURY ARISING FROM OR RELATING TO ANY ACT OR OMISSION OF ANY THIRD PARTY IN CONNECTION WITH SUCH UNDERLYING PRODUCTS OR SERVICES. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD COMPANY LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF COMPANY.
WE FURTHER DISCLAIM ALL LIABILIITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE COMPANY SERVICE. YOUR USE OF THE COMPANY SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL OR CONTENT FROM THE COMPANY SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE LIABILITY OF COMPANY AND ITS USERS, AFFILIATES, LICENSORS, AGENTS, MERCHANTS AND SUPPLIERS FOR ANY DAMAGES WHATSOEVER, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE, ARISING UNDER OR RELATED TO THIS AGREEMENT, THE COMPANY SERVICE OR THE USE THEREOF, SHALL BE LIMITED TO $100.YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. INDEMNIFICATION; HOLD HARMLESS; RELEASE

You agree to indemnify, hold harmless, defend and release Company, its users, licensors, suppliers and partners, and its and their respective officers, directors, stockholders, agents and affiliates, from any claims, losses, damages or liabilities, including attorney’s fees, arising out of (i) the use or misuse of the Company Service by you or any third party using your account, (ii) breach of any of this Agreement by you or any third party using your account, (iii) the violation of any applicable law or the rights of any other person or entity arising out of related to the Company Service or the use thereof by you or any third party using your account, or (iv) the infringement of any intellectual property or other right of any person or entity by you or any third party using your account. You agree not to settle any matter without the prior written consent of Company. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

15. TECHNICAL SUPPORT

Company has no obligation to furnish you with technical support unless separately agreed in writing between you and Company.

16. GOVERNING LAW; ATTORNEY’S FEES

This Agreement will be deemed to have been made in the State of California, and the provisions and conditions of this Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles thereof. YOU AND COMPANY AGREE THAT THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SAN MATEO COUNTY, CALIFORNIA. YOU AND COMPANY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney’s fees.

17. INTERNATIONAL

Company makes no claims that the Software or any other portion of the Company Service may be lawfully accessed, used or downloaded outside of Canada or the United States. Any such use of the Software and/or the Company Service may not be lawful by certain persons or in certain territories. If you access any of these from outside of Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.

18. EXPORT LAW COMPLIANCE

You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, and that you will not export or otherwise transfer the Software or any other portion of the Company Service, directly or indirectly, to a prohibited country.

19. WAIVER

Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

20. SEVERABILITY

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision.

21. ASSIGNMENT

We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. There are no third party beneficiaries to this Agreement, except as expressly set forth herein or agreed to by Company.

22. MODIFICATION

We may revise this Agreement from time to time, and we will use commercially reasonable efforts to provide at least 20 days’ notice prior to any new terms taking effect, by posting a notice on the Website. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

23. RIGHT TO TERMINATE

This Agreement shall commence on the date you first begin using the Company Service and shall continue until the date you close your user account on the Company Service and cease all use of the Company Service. Company reserves the right to terminate your use of the Company Service at any time, in its sole discretion, and you should not place any reliance on your ability to continue to use the Company Service. In case of any termination, you must cease all use of the Company Service and Company may immediately restrict your access to the Company Service. All provisions hereof that are reasonably intended to survive beyond termination of this Agreement, including without limitation all provisions related to your license of Posted Content to Company, representations and warranties, disputes, limitations on liability, and indemnification, and any claims for payments due to Company, shall survive any expiration or termination of this Agreement.

24. MOBILE APPLICATION PROVIDER

In the event you are using the Company Service in connection with a mobile device and an application (an “Application) accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each an “Application Provider”). You acknowledge and agree that:
1. This Agreement is concluded between you and Company, and not with the Application Provider, and Company (not the Application Provider), is solely responsible for the Application.
2. The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.
3. In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider may refund the purchase price for the Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
4. The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
6. The Application Provider, and its subsidiaries, are third party beneficiaries of this Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof.
You must also comply with all applicable third party terms of service when using the Application.

25. HEADINGS

The heading references herein are for convenience purposes only, do not constitute a part of Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

26. UPDATES

You acknowledge that Company may update this Agreement from time to time, and you agree to be bound by any subsequent update to this Agreement. The most recent version of this Agreement can be found at softsignalframe.com If you do not consent to the updated Agreement, you can uninstall and/or discontinue use of the Company Service. Your continued use of the Company Service will constitute acceptance of the updated Agreement.

27. ENTIRE AGREEMENT

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Company as set forth above.

28. CONTACT

Contact us by email: info@softsignalframe.com 
These Terms of Service were last updated 2026-04-15.