Last updated: December 26, 2020
The following terms of service constitute an agreement between you and Michael Martinez. These Terms governs your use of Software and Services (as specified below).
For purposes of these Terms "Software" means all software programs made available by Michael Martinez including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
"Services" means all services made available by Michael Martinez, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using Softwares and Services operated by Michael Martinez ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
BY ACCESSING OR USING Michael Martinez SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS SERVICES.
SOFTWARE LICENSE. Subject to these Terms and Conditions, Michael Martinez hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with these Terms. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and these Terms and Conditions is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to these Terms and Conditions, Michael Martinez hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Michael Martinez, for your personal non-commercial use, in the manner permitted by these Terms. The rights granted herein are subject to your compliance with these Terms.
LICENSE TERM. The term of your licenses under these Terms shall commence on the date that you accept these Terms and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Michael Martinez's termination of these Terms. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of these Terms.
OWNERSHIP; NO OTHER LICENSES. Michael Martinez retains all right, title and interest in and to the Michael Martinez Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Michael Martinez Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Michael Martinez Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Michael Martinez. All rights not expressly granted to you herein are reserved by Michael Martinez.
You agree not to: (i) commercially exploit the Michael Martinez Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Michael Martinez Services, any copies thereof, or any passwords or usernames of Michael Martinez Services, without the express prior written consent of Michael Martinez or as set forth in these Terms; (iii) make a copy of the Michael Martinez Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Michael Martinez Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Michael Martinez Services or these Terms, use or install the Michael Martinez Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Michael Martinez Services at a computer gaming center or any other location-based site; provided, that Michael Martinez may offer you a separate site license agreement to make the Michael Martinez Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Michael Martinez Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Michael Martinez Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Michael Martinez Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Michael Martinez Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Michael Martinez Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of these Terms The Software is intended for private use only.
The Michael Martinez Services may include measures to control access to the Michael Martinez Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. Only Michael Martinez Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Michael Martinez Services will not function properly.
The Michael Martinez Services may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Michael Martinez Services, and to the extent that your contributions through use of the Michael Martinez Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Michael Martinez an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Michael Martinez's and other players' use and enjoyment of such assets in connection with the Michael Martinez Services and related goods and services under applicable law. This license grant to Michael Martinez, and the above waiver of any applicable moral rights, survives any termination of these Terms.
The Michael Martinez Services may require an internet connection to access the Michael Martinez Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Michael Martinez Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Michael Martinez Services. By using the Michael Martinez Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Michael Martinez Services or certain features of the Michael Martinez Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the Michael Martinez Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
4.1 No other Warranties NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 5.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE Michael Martinez SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. Michael Martinez, Michael Martinez'S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Michael Martinez, Michael Martinez'S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE Michael Martinez SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE Michael Martinez SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE Michael Martinez SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER Michael Martinez SERVICES OR THAT ANY ERRORS IN THE Michael Martinez SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY Michael Martinez, Michael Martinez'S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL Michael Martinez, Michael Martinez'S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE Michael Martinez SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT Michael Martinez, Michael Martinez'S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 5, Michael Martinez'S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THESE TERMS AGAINST YOU. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL Michael Martinez'S, Michael Martinez'S LICENSORS' OR CHANNEL PARTNERS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
TERMS AND CONDITIONS TERMINATION: These Terms will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Michael Martinez Services. With regards to Software delivered on a physical storage medium you can end these Terms by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of these Terms are not specifically observed, Michael Martinez will be irreparably damaged, and therefore you agree that Michael Martinez shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of these Terms, in addition to any other available remedies.
INDEMNITY: You agree to indemnify, defend and hold Michael Martinez, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Michael Martinez Services pursuant to these Terms; or (ii) your breach of these Terms.
MISCELLANEOUS: These Terms represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms shall not be affected.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us : michael@michael-martinez.fr