Welcome! These Terms of Service govern your use of Animal Company (the "Game"). The Game is a copyrighted work belonging to Wooster Games ("Company", "us", "our", and "we"). These Terms of Service, together with our Privacy Policy, (collectively, the "Terms") set forth the legally binding terms and conditions that govern your use of the Game. The Game is licensed, not sold to you.
BY CLICKING THE "AGREE" BUTTON IN THE GAME, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EITHER (i) OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT or (ii) YOU ARE OVER THE AGE OF 13 AND HAVE THE CONSENT AND ARE UNDER THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE GAME AND DELETE IT FROM YOUR MOBILE DEVICE.
1. Access to the Game
1.1 Eligibility
Only persons meeting the following requirements may use the Game:
(a) Persons who are at or above the legal age of majority in their jurisdiction (18 years old in most states) who agree to be bound of all of these Terms; or
(b) Persons who are between the ages of 13 and the legal age of majority in their jurisdiction, who have the consent and are under the supervision of their parent or legal guardian and who agree, and consent, along with their parent or guardian, to these Terms; or
(c) Persons who are between the ages of 10 and 12 years old who are accessing the Game through a Meta account that is set up and managed by their parent or legal guardian (Parent-Managed Account) and provided that their parent or legal guardian has reviewed and accepted the account request for their child to download and play the Game.
1.2 License
Subject to these Terms, your acceptance of and compliance with the same, and provided that you meet the eligibility requirements in Section 1.1 above, Company grants you a limited non-transferable, non-exclusive, revocable, limited license to download, install and use the Game for your personal, non-commercial use on a single device owned or otherwise controlled by you ("Device") strictly in accordance with the Game's documentation.
1.3 Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions. You shall not:
(a) copy, reproduce, distribute, republish, download, display, post or otherwise transmit the Game in any form or by any means, except as expressly permitted by this license
(b) license, sell, rent, lease, transfer, assign, distribute, publish, host, exploit otherwise make available the Game, or any features or functionality of the Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time
(c) modify, translate, adapt, make derivative works or improvements of the Game, whether or not patentable
(d) disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Game
(e) access the Game in order to build a similar or competitive product, game or service
(f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Game, including any copy thereof
(g) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game
1.4 Modification
Company reserves the right, at any time, to modify, suspend, or discontinue the Game (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Game or any part thereof.
1.5 No Support or Maintenance
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Game.
1.6 Ownership; Reservation of Rights
You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under these Terms, or any other rights thereto other than to use the Game in accordance with these Terms. Company and its licensors and Game providers reserve and retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
2. Acceptable Use and Information Submitted Through the Game
2.1 User Content
"User Content" means any and all information and content of any kind that you or any other user submits to, or uses with, the Game, or any group, server or other manner of forum on social media organized by or associated with Company including without limitation, our Discord server, TikTok account, Twitter/X account and any of our other social accounts or pages ("Outside Platform(s)").
By submitting User Content, you make the following representations, warranties and agreements:
(a) You meet the eligibility requirements in Section 1.1 above
(b) You agree that you are solely responsible for, and you assume all risks associated with your User Content
(c) You consent to our use of your personal information as outlined in the Privacy Policy
(d) To the extent that you submit Third Party Information, you represent that all such information is of persons who are at least 18 years of age, and that you have validly obtained all consents required by applicable law
(e) All information or material that you submit is true, accurate and complete
(f) Your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms
(g) Your User Content does not violate our Acceptable Use Policy
2.2 License
You hereby grant to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, solely for the purposes of including your User Content in the Game or Outside Platform and otherwise promoting and improving the Game.
2.3 Acceptable Use Policy
You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any User Content that:
(a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
(b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable
(c) is harmful to minors in any way
(d) is in violation of any law, regulation, or obligations or restrictions imposed by any third party
In addition, you agree not to:
(i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data
(ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages
(iii) use the Game to harvest, collect, gather or assemble information or data regarding other users without their consent
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game
(v) attempt to hack or otherwise gain unauthorized access to the Game
(vi) harass or interfere with any other user's use and enjoyment of the Game
(vii) circumvent Game rules or otherwise cheat during or in connection with playing the Game
(viii) use software or automated agents or scripts to produce multiple accounts on the Game
2.4 Enforcement
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms.
2.5 Feedback
If you provide Company with any feedback, information, ideas, comments or suggestions, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback in any manner it deems appropriate.
3. Device Requirements
The Game can only be used via certain devices for a list of which are provided on the Company website and/or the third-party application marketplaces ("Marketplaces") where the application can be downloaded.
4. Updates
Company may from time to time develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
5. Free Content
Upon downloading the Game, users will have access to certain features of the Game ("Free Features"). Company may add, remove, modify or otherwise change the free features at any time with or without notice to you.
6. Making Purchases Through the Game
Purchases through our Game are processed by the Marketplace where you download the Game and are governed by the Terms of Sale of the relevant Marketplace. We reserve the right to revise pricing for features offered for purchase through the Game at any time.
7. Digital Items
7.1 Virtual Currencies and Items
The Game may include virtual currencies such as virtual tokens or coins or make virtual items, resources or services available for purchase in connection with the Game (collectively "Digital Items"). If you are over 18 years old, you may be able to buy Digital Items.
7.2 License, Not Ownership
You do not own Digital Items but instead you purchase a limited personal revocable license to use them - any balance of Digital Items does not reflect any stored value.
7.3 Final Sales
You agree that all sales by us or the applicable Marketplace to you of Digital Items are final and that we will not refund any transaction once it has been made.
7.4 Account Linking
The Digital Items that you purchase will be linked to your account with the Marketplace where you make the purchase. You understand and agree that you cannot transfer Digital Items from one account to another.
7.5 Control and Regulation
We reserve the right to control, regulate, change or remove any Digital Items without any liability to you.
7.6 Purchase Limitations
We may revise the pricing for Digital Items offered through the Game at any time. We may limit the total amount of Digital Items that may be purchased at any one time.
7.7 Account Termination
If we suspend or terminate your account in accordance with these Terms of Service you will lose any Digital Items that you may have accumulated, and we will not compensate you for this loss.
8. Indemnification
You agree to indemnify, defend, and hold Company harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind arising out of your use of the Game, your User Content, your violation of these Terms, or your violation of applicable laws or regulations.
9. Terms Regarding Third-Party Services
9.1 Third-Party Services
The Game may display, include, make available or contain links to third-party content, websites and services. Such Third-Party Services are not under the control of Company, and Company is not responsible for any Third-Party Services.
10. Release
You hereby release and forever discharge the Company from each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game.
11. Disclaimers
THE GAME IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME.
12. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME
13. Term and Termination
The term of this Agreement commences when you download the Game. We may suspend or terminate your rights to use the Game at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, your right to access and use the Game will terminate immediately and you must immediately cease all use of the Game and delete all copies of the Game from your Device.
14. Copyright Policy and Takedown Requests
14.1 DMCA Notices
We respect the intellectual property rights of others. If you are a copyright owner and believe that any content in the Game infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent at legal@animalcompanyvr.com.
14.2 Counter-Notices
If you believe that your content was removed in error, you may send a counter-notice to our Copyright Agent.
14.3 Repeat Infringer Policy
Company's policy is to terminate the accounts of users who repeatedly or egregiously infringe other people's copyrights or other intellectual property rights.
15. General
15.1 Changes
These Terms are subject to occasional revision. Any changes to these Terms will be effective upon thirty (30) calendar days following our dispatch of notice to you or posting of notice of the changes on the Game.
15.2 Export
The Game may be subject to U.S. export control laws. You must comply with all applicable federal laws, regulations, and rules prior to exporting, re-exporting, releasing, or otherwise making the Game available outside the US.
15.3 Electronic Communications
For contractual purposes, you consent to receive communications from Company in an electronic form and agree that all communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing.
15.4 Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of New York. All legal suits, actions, or proceedings shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.
15.5 Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
15.6 Waiver of Class or Consolidated Actions
THE PARTIES EXPRESSLY AGREE THAT ALL CLAIMS AND DISPUTES MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.
15.7 Limitation of Time for Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15.8 Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions will continue in full force and effect.
15.9 Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof.
15.10 Entire Terms
The Terms of Service and Privacy Policy constitute the entire agreement between you and us regarding the use of the Game.
15.11 Copyright/Trademark Information
Copyright © 2024 Wooster Games. All rights reserved. All trademarks, logos and service marks displayed on the Game are our property or the property of other third parties.
15.12 Contact Information
Wooster Games
Email: legal@animalcompanyvr.com
