Effective Date: 24th of June 2018
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TOU.
Invincible Cat reserves the right to modify the TOU at any time (“Update”) and shall make any Update available our website invinciblecatgames.com (the “Website”). You are deemed to accept any Update by continuing to use the Service. Unless Invincible Cat states otherwise, an Update is automatically effective 30 days after posting on the Website.
2. DESCRIPTION OF THE SERVICE
Invincible Cat is an indie game development studio dedicated to creating unique, fun and polished games. We often involve the community in the development process including through our new project currently titled “Play.Dev.Crew”. With Play.Dev.Crew, we take significant feedback and input from our users to mold and structure our games creating an end product that is meaningfully community driven.
3.SUBSCRIPTION AND LICENSES
3.1 – Subscription and License
Invincible Cat grants you a non-exclusive, non-sublicensable, revocable, limited subscription to access the Service. In addition, if you access the Service through Invincible Cat’s games or other software, Invincible Cat grants you a non-exclusive, non-sublicensable, limited, revocable license to install and use such software on any computer(s) or mobile devices(s) you use.
3.2 – Streaming and Social Media License
Notwithstanding section 5.1, Invincible Cat grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display Invincible Cat games you purchased on online video streaming websites, such as YouTube and Twitch, and on social media, such as tweeting a GIF (“Social Content”). Invincible Cat may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and Invincible Cat will not be liable to you or any third party for any related loss incurred.
4. ACCESS TO THE SERVICE AND MEMBERSHIPS
4.1 – Age of Access
You cannot use the Service if you are under the age of 13. If you are between 13 and age of majority in your jurisdiction, you must have the consent of a parent or guardian to use the Service if required by the laws applicable in your jurisdiction.
4.2 – Accounts and Login Information
Access to the Service may require you to register an account with Invincible Cat (an “Account”). In order to access an Account, you must obtain a user ID and password (“Login Information”). You shall manage and ensure the security, conﬁdentiality and authorized use of Login Information. You are prohibited from sharing Login Information. Invincible Cat strongly recommends that you keep your Login Information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized and shall notify Invincible Cat promptly of unauthorized access or use of your Account.
4.3 – Paid Subscriptions and Perks
Invincible Cat may offer different Account types for an additional one time or recurring fee (“Paid Subscription”). Please visit the Website for a complete description of Paid Subscription types. Upon acquiring a Paid Subscription, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to perks, such as the right to participate in any voting system or special character skins for a game, (“Perks”) of your Paid Subscription only in conjunction with the Service for which such Perks were acquired. Any Perks conferred as a result of a Paid Subscription may not be lent, shared, sold, transferred or licensed to any other party without Invincible Cat’s written consent. Invincible Cat shall, in its sole discretion, administer Perks and, in this capacity, control, modify and/or eliminate any or all Perks without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Perks and Invincible Cat may revise the price of Perks or other aspects of any Paid Subscription without notice. Payments made to Invincible Cat in connection with any Paid Subscription are not investments or loans and are non-refundable. All Perks conferred as a result of a Paid Subscription remain the property of Invincible Cat.
4.4 – Additional Perks Terms
Certain Perks conferred to you based on your purchase of a Paid Subscription are only active and accessible to you if you currently maintain a Paid Subscription. In some instances, Perks may require you to have an active Paid Subscription for a minimum number of months before becoming accessible or you may be required to purchase the game to which the Perks apply in order to access the Perks. In other instances, Perks may only be available if you have a Paid Subscription during a certain period of time or during a certain event.
4.5 – Subscription Renewal
A Paid Subscription may require a monthly renewal payment and/or fee. Paid Subscription fees are billed and charged automatically by Invincible Cat and/or third parties authorized on its behalf on a recurring monthly basis to the credit card (or other payment method) you provided to Invincible Cat until the date your Paid Subscription is either upgraded to non-reoccurring payment Paid Subscription, terminated by your submission of a cancellation request to Invincible Cat, or Invincible Cat’s termination of your access to the Service. Paid Subscription fees exclude applicable taxes, duties and charges and are non-refundable.
4.6 – Features
The Service has features, including Perks, that contain different types of functionality which may include the right to vote on game development, gameplay, customization, modding, image overlays, animations, or other features (collectively, “Features”). Features available to you are subject to change at any time at Invincible Cat’s sole discretion, without notice or compensation. Features available are listed in part at the Website, and may be updated periodically.
4.7 – Voting
Invincible Cat may offer you a chance to participate in the development of games created by Invincible Cat. This may entail voting through the Service or through a third-party voting system, such as Patreon or Discord. Voting may be on a variety of different game development stories or parts of the game, including game topics, themes, genres or scenarios. Voting is not a competition and there is no prize. An Account with an active Paid Subscription will be allowed only one vote per voting issue. At all times, Invincible Cat retains the right to disqualify, suspend or stop voting for any reason, including but not limited to, vote rigging, voting fraud, voting manipulation, automatic voting bots, offering perks to other users for voting a certain way or for any technical failure. Employees, developers or people who work with or for Invincible Cat do not have the right to vote on any issue. You are not granted any property rights or other rights in any game based off of your participation in any voting system including for any ideas that you pitch to Invincible Cat.
4.8 – Early Release
The Service, including the use and access to games developed by Invincible Cat, may be provided to you in an early release version (an “Early Release”). If you use or access an Early Release of the Service, you acknowledge and understand that the Service may not work as intended and Features may be very different from Features we aspire to include in the future. Bugs, incomplete Features, or faults may be present in an Early Release and you use the Service at your own risk. Invincible Cat does not guarantee that the Service will be completed or completed in any particular way, including the scope and Features of the Service. Given the developmental nature of an Early Release, you agree that it is your sole responsibility to backup your data and take other appropriate measure to protect your programs and data.
5. USE OF THE SERVICE
5.1 – Authorized Use
You shall not:
- a. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
- b. alter, change or circumvent security related aspects of the Service;
- c. use any automated system (robot, spider, etc.) to access the Service;
- d. reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service;
- e. break, disrupt or attempt to break or disrupt any device used to support the Service or experience of another person or knowingly exploit a flaw or bug in the Service;
- f. violate any rules associated with any current or future online forums or community participation outreach that Invincible Cat may allow to you to participate in, including Patreon or Discord, or violate the instructions of any authorized moderators or Invincible Cat employees on any forum or online community;
- g. store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights;
- h. harass, dox, abuse, stalk, threaten or impersonate any person;
- i. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by Invincible Cat;
- j. manipulate any voting system provided by Invincible Cat;
- k. promote, encourage or undertake illegal activity or communicate, link to, post, submit or upload content that contains objectionable or offensive conduct; or
- l. infringe or violate third-party rights including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information,
as determined by Invincible Cat in its sole discretion.
5.2 – Suspension and Termination
Invincible Cat may suspend or terminate your access to the Service and/or Account, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues or non-compliance with the TOU. Invincible Cat has sole discretion to lift a suspension or reverse a termination. Your access to the Service and/or your Account, automatically terminates upon the earliest of the date: (a) you or Invincible Cat terminates access to your Account; or (b) of your non-compliance with the TOU.
6. PROPRIETARY RIGHTS AND CONFIDENTIALITY
6.1 – Ownership and Rights
Invincible Cat retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names and trade secrets, in Features, in ideas expressed in any Invincible Cat voting system or in modifications to the Service. The TOU does not convey any right, title or interest in, or constitute the sale of any right to, the Service, any related software, or Account.
6.2 – User Content
“User Content” includes Social Content and any information that you submit, transmit or upload while using the Service including comments, recommendations, advice, ideas, submissions, forum posts, or other information. By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license User Content and you grant Invincible Cat an exclusive (non-exclusive in the case of Social Content), irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Invincible Cat reserves the right to review, edit, delete or block access to User Content without notice. Invincible Cat is under no obligation to review or act upon any User Content that you may provide.
6.3 – Confidential Information
“Confidential Information” means all information not known or available outside Invincible Cat and disclosed or made available to you, in any medium existing now or in the future, and relating to:
- a. the Services;
- b. new but yet unreleased Invincible Cat games; or
- c. Invincible Cat including, without limitation, products and product plans, marketing plans, proposals, contracts, legal information, customers, finances, strategies, business plans, employee lists, Inventions, Intellectual Property and all other non-public information concerning Company.
To the extent a court of competent jurisdiction determines that your obligations with respect to Confidential Information cannot continue in perpetuity, you agree that this TOU shall continue in perpetuity with respect to trade secrets only and otherwise shall continue for the maximum duration as permitted by applicable statute and/or common law.
6.4 – Non-Disclosure of Confidential Information
In perpetuity, you shall not use Confidential Information or disclose Confidential Information to others, with special attention to information about new but yet unreleased Invincible Cat games, unless you obtain, for each instance of disclosure, the express written consent of Invincible Cat. This discloser restriction includes, but is not limited to, any discussion of Confidential Information related to unreleased games on Twitch, YouTube, or any social media platform. If there is any ambiguity between the interpretations of this section and section 3.2 of this TOU, preference shall be given to the provisions of this section 6.4.
6.5 – Exceptions to Non-Disclosure
Notwithstanding section 6.4, you shall not be liable for the disclosure of Confidential Information occurring:
- a. where such Confidential Information was previously released to the general public by Invincible Cat or is released to the general public through no fault of your own;
- b. where necessary to comply with law or the valid order of a court of competent jurisdiction or government agency, provided you notify Invincible Cat in writing, prior to disclosure, of such law or order and whom the Confidential Information is to be disclosed to; or
- c. where developed by a third party independent of any Confidential Information.
6.6 – Reasonable Care of Confidential Information
You shall use reasonable care to protect Confidential Information from disclosure to any third party, or use in any manner, inconsistent with the terms of this TOU, in perpetuity. If you become aware of any unauthorized disclosure or use of Confidential Information, you agree to immediately notify Invincible Cat in writing of such disclosure or use.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 – DISCLAIMER
THE SERVICE IS PROVIDED TO YOU “AS IS” AND INVINCIBLE CAT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, INVINCIBLE CAT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL PREVENT PERSONAL INJURY OR DEATH, MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS OR MOBILE DEVICES, RESULT IN LOST DATA, OR BE SECURE AGAINST UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY INVINCIBLE CAT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
7.2 – LIMITATION OF LIABILITY
INVINCIBLE CAT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USER DATA, EVEN IF INVINCIBLE CAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
7.3 – MAXIMUM AGGREGATE LIABILITY
NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD INVINCIBLE CAT FROM LIABILITY, YOU AGREE THAT INVINCIBLE CAT’S MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO INVINCIBLE CAT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.
8.1 – Governing Law
8.2 – Severability and Waiver
8.3 – Assignment
Invincible Cat may assign the TOU without your consent or notice to you. You cannot assign the TOU.
8.4 – Survival
Sections 6, 7 and 8 survive termination of the TOU.
8.5 – Entire Agreement