Overwolf Standard Application Terms and Conditions
These Overwolf Standard Application Terms and Conditions ("Terms") govern your access and use of Applications in the Overwolf Platform (the "Application"). "We" refers to the developer of the Application. "Overwolf" refers to Overwolf, Ltd., an Israeli company which distributes and displays the Application for use with its proprietary platform for integrating social media and functionality with games. "You" or "Your" means an adult user of the Application, or as the parent or guardian of any minor whom you allow access the Application, and for whom you will be held strictly responsible.
License. We and Overwolf hereby grant you a limited, revocable, nonsublicensable license to use the Application solely for your personal, non-commercial use. We and Overwolf reserve the right to update or modify the Application at any time, in our sole discretion, including, without limitation, to increase or change functionality or to cease making the Application available altogether.
Intellectual Property & Content. We own the Application, including all worldwide intellectual property rights in the content of the Application and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Application, any part thereof, or any content included therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application or part thereof. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party internet sites and services in using the Application.
Restrictions. You shall not, and shall not encourage any third party, to (a) use, generate clicks on or use the Application (or any advertisements shown in the Application) through any automated, deceptive, fraudulent, misleading, coercive, incentivized, malicious or other invalid means; (b) modify, alter or create any derivative work of the Application; or (d) frame, modify the end user view of, or other inhibit the full and complete display of the Application. You shall not, or allow any third party, to (a) use the Application to send spam or unsolicited material, (b) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Applications (including without limitation, for the purpose of obtaining unauthorized access to the Application or any application program interface of Overwolf), (c) circumvent, disable, or otherwise interfere with security-related features of the Application or the Overwolf platform, (d) impose an unreasonably or disproportionately large load on Overwolf’s infrastructure, (e) use or access another user’s account or password without permission or under false pretenses, (f) commit an action that is (or We or Overwolf reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or We or Overwolf reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; or (g) commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations required by You, or would cause us to be in violation of any law or regulation, or to infringe any right of any third party.
Infringement. We respect the copyrights of third parties. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Application or any Application infringes their rights under US copyright law. If you believe that something appearing on the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us at email@example.com.
Disclaimer. Your use of any aspect of the Application is at your own risk. Neither We nor Overwolf makes any representations or warranties whatsoever in respect of the Application or any content available through the Application. Everything available on the Application or any content available through the Application is provided to you “AS-IS” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and We and Overwolf expressly disclaim all express or implied warranties.
Limitation of Liability. In no event shall We or Overwolf be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Application or any content therein. In any case, our and Overwolf’s entire and aggregate liability under any provision of this agreement shall not exceed amounts paid by you to us for the use of the Application. As such, if you have not made any payments to us for the use of the Application, we shall have no liability to you whatsoever, with the exception of death or personal injury caused by our negligence to the extent applicable law prohibits the limitation of damages in such cases.
Additional Disclaimer of Overwolf. You understand that the Application and all content therein is the property of the applicable developer. Overwolf shall have no responsibility or liability for the Application or any content therein. All claims regarding the Application must be directed to the applicable developer.
Indemnification. You agree to indemnify, defend, and hold Us and Overwolf and the employees, directors, officers, subcontractors and agents of Us and Overwolf harmless, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or social media (including Facebook) account; (b) your violation of any law or regulation, including regarding contests or prizes (c) any other matter for which you are responsible hereunder or under law.
Linked Content. The Application and any advertisements thereon may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. We are not responsible for content or services available by means of such sites. We do not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
Use by Children. We and Overwolf do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at firstname.lastname@example.org. If We or Overwolf become aware that a child under 13 has provided us with personal information, we will delete such information from our files.
Miscellaneous. These Terms shall be governed by the law of the State of New York exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the court located in New York, and you irrevocably consent to the jurisdiction of such courts. We or Overwolf may bring suit to enforce these terms in any jurisdiction. Any cause of action against Us or Overwolf must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Us or Overwolf or enables You to act on behalf of Us or Overwolf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement pertaining to the subject matter hereof, and any and all other agreements existing between You and either Us or Overwolf relating thereto are hereby canceled. Nothing contained in these Terms shall be construed to limit the actions or remedies available to Us or Overwolf with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Us and Overwolf (and the benefit of our assignees), and each shall have the right to assert and enforce its provisions against You directly on its own behalf. We and Overwolf may assign our rights under these terms to any third party.