Terms & Conditions
OG STORE LTD. WITH
AN 272 BATH STREET, GLASGOW, SCOTLAND, G2 4JR ("OG STORE"
"COMPANY", "WE," "US," OR "OUR"). THIS
IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND OG STORE. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE CLICKING ON THE PURCHASE BUTTON. YOUR PURCHASE
AND USE OF SOFTWARE, PRODUCTS, AND SERVICES THROUGH OGS-PLAY.COM IS GOVERNED BY
THESE TERMS OF SERVICE ("TERMS"), WHICH HEREBY INCORPORATE BY
REFERENCE THE OG STORE PRIVACY POLICY (TOGETHER WITH ANY UPDATES OR ADDITIONAL
TERMS, THE TERMS AND PRIVACY POLICY ARE COLLECTIVELY REFERRED TO HEREIN AS THE
"AGREEMENT").
THESE TERMS CONTAIN
A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
1. USE OF SERVICE
(a) Eligibility. You may use the Service only if you can form a binding
contract with Company, and only in compliance with this Agreement and all
applicable local, state, national, and foreign laws, rules and regulations. If
your minor children use the Service, you are solely responsible for such use,
including, without limitation, any purchases your minor children make through
the Service. Any use or access to the Service by anyone under 13 is strictly
prohibited and in violation of this Agreement and you agree that you will not
allow your minor children under the age of 13 to engage in such use. You may
not use the Service if you have previously been removed or banned from the
Service by OG STORE.
(b) Restrictions. You agree not to engage in any of the following prohibited
activities: (i) copying, distributing, or disclosing any part of the Service in
any medium, including without limitation by any automated or non-automated
"scraping"; (ii) using any automated system, including without
limitation "robots," "spiders," "offline
readers," etc., to access the Service in a manner that sends more request
messages to the Company servers than a human can reasonably produce in the same
period of time by using a conventional on-line web browser (except that OG
STORE grants the operators of public search engines revocable permission to use
spiders to copy materials from OG STORE for the sole purpose of and solely to
the extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials); (iii) transmitting
spam, chain letters, or other unsolicited email; (iv) attempting to interfere
with, compromise the system integrity or security or decipher any transmissions
to or from the servers running the Service; (v) taking any action that imposes,
or may impose in our sole judgment an unreasonable or disproportionately large load
on our infrastructure; (vi) uploading invalid data, viruses, worms, or other
software agents through the Service; (vii) collecting or harvesting any
personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes; (ix)
impersonating another person or otherwise misrepresenting your affiliation with
a person or entity, conducting fraud, hiding or attempting to hide your
identity; (x) interfering with the proper working of the Service; (xi)
accessing any content on the Service through any technology or means other than
those provided or authorized by the Service; (xii) bypassing the measures we
may use to prevent or restrict access to the Service, including without
limitation features that prevent or restrict use or copying of any content or
enforce limitations on use of the Service or the content therein; (xiii) sell,
assign, rent, lease, act as a service bureau, or grant rights in the Products,
including, without limitation, through sublicense, to any other entity without
the prior written consent of such Products' (defined below) licensors; (xiv)
circumventing Service limitations on the number of Products you may purchase,
including, without limitation, creating multiple accounts and purchasing a
total number of Products through such multiple accounts which exceed the
per-user limitations; or (xv) except as otherwise specifically set forth in a
licensor's end user license agreement, as otherwise agreed upon by a licensor in
writing or as otherwise allowed under applicable law, distributing,
transmitting, copying (other than re-installing software or files previously
purchased by you through the Service on computers, mobile or tablet devices
owned by you, or creating backup copies of such software or files for your own
personal use) or otherwise exploiting the Products (defined below) in any
manner other than for your own private, non-commercial, personal use. Accessing
the audiovisual content available on the Service for any purpose or in any
manner other than Streaming (as defined below) is expressly prohibited.
"Streaming" means a contemporaneous digital transmission of an
audiovisual work via the Internet from the Service to a user's device in such a
manner that the data is intended for real-time viewing and not intended to be
copied, stored, permanently downloaded, or redistributed by the user.
YOU ACKNOWLEDGE AND
AGREE THAT OG STORE HAS THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION, WITHOUT ANY
LIABILITY TO YOU OF ANY KIND AND IN ADDITION TO ALL OF ITS OTHER RIGHTS UNDER
THIS AGREEMENT, IN LAW AND AT EQUITY, TO CANCEL ANY AND ALL DOWNLOAD PAGES,
PRODUCT KEYS OR REDEMPTION CODES FOR PRODUCTS YOU HAVE PURCHASED SHOULD OG
STORE DETERMINE IN ITS SOLE DISCRETION THAT YOU HAVE VIOLATED ANY OF THESE
RESTRICTIONS.
(c) Termination of
Service or Access. We may,
without prior notice, change the Service; stop facilitating the Service or
features of the Service, to you or to users generally; or create usage limits
for the Service, including, without limitation, limiting the number of Products
you may purchase at any given time or under any given account or set of
accounts. We may permanently or temporarily terminate or suspend your access to
the Service without notice and liability for any reason, including if in our
sole determination you violate any provision of this Agreement, or for no
reason. Upon termination for any reason or no reason, you continue to be bound
by this Agreement.
(d) Your
Information. The Service is
only for sales of products or product rights (collectively,
"Products") to end user customers for their personal, non-commercial
use. The personal information you submit to the Service is subject to OG STORE's
Privacy Policy at OGS-PLAY.COM/privacy, which is expressly made part of these Terms. You agree to
provide accurate, current, and complete information required to register with
the Service and at other points as may be required in the course of using the
Service.
Once you make a
purchase, you will receive a unique download page. You shall not, directly or
indirectly, disclose the unique URL for your download page to anyone else or
use anyone else's download page. You are solely and entirely responsible for
all activities that occur on your download page. OG STORE shall not be
responsible for any losses arising out of the unauthorized use of your download
page.
(e) Objectionable
Material. You understand that by using the Service and
Products, you may encounter content that may be deemed mature, offensive,
indecent, or objectionable, which content may or may not be identified as
having explicit language or adult themes, and which may be due to the content
of the Products or your interactions with other users in the course of using
the Products. You agree to use the Service at your sole risk and that OG STORE
shall have no liability to you for content that may be found to be mature,
offensive, indecent, or objectionable.
(f) Product
Requirements. Use of the
Service and/or Products requires a compatible computer, Internet access (fees
may apply), and certain software (fees may apply), and may require obtaining
patches, updates or upgrades from time to time. Because use of the Service
and/or Products involves hardware, software, and Internet access (high speed
Internet access is strongly recommended), your ability to use the Service
and/or Products may be affected by these factors. You are responsible for being
aware of any particular system requirements of any Product and for your ability
to meet such requirements, which may change from time to time. Applicable
system requirements at the time of purchase can be found on the information
page for each Product. Certain Products also may require you to register an
account with a third party (which may require an initial and/or ongoing fee) or
to install third party software and content in connection with their use. OG
STORE does not assume any responsibility or liability for any such fee, account
or third party software or content. Physical copies Products are not available.
If you are having difficulty downloading the Product or encounter any other
issues with the purchase, download or activation of a Product, you should
contact us at support@ogs-play.com
2. PAYMENT,
DELIVERY, AND REFERRALS
In these Terms,
"total amount paid" means the amount collected from the User which
includes the purchase price together with any amount donated to charity plus
any applicable taxes and "purchase price" means the price of the
Product plus any applicable taxes.
(a) Pricing of
Products. Your purchase price will include the price of
the Product plus any applicable taxes in effect on the time of purchase, and
based on country data you provide on your download page.
(b) Orders. Your receipt of an electronic or other form of order
confirmation does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. OG STORE reserves the right at
any time after receipt of your order to accept or decline your order for any
reason. We may require additional verification or information before accepting
any order.
(c) Payment for
Products. You agree to pay for all Products you purchase
through the Service, and that OG STORE may charge your chosen payment for any
Products purchased, and for any additional amounts (including any taxes, late
fees, and any amounts donated to charity as applicable) as may be accrued by or
in connection with your account. All fees will be billed to the payment method
you designate during the checkout process. Billing to your selected payment
method occurs at the time of purchase. If you use the services of an alternate
payment method provider, you will be bound by that party's terms and
conditions, which are available on that party's website. OG STORE reserves the
right to change the payment methods offered at any time. All information that
you provide in connection with a purchase or transaction or other monetary
transaction interaction with the Service must be accurate, complete, and
current. You agree to pay all charges incurred by users of your credit card,
debit card, or other payment method used in connection with a purchase or
transaction or other monetary transaction interaction with the Service at the
prices in effect when such charges are incurred. You will pay any applicable
taxes, if any, relating to any such purchases, transactions or other monetary
transaction interactions.
3. CUSTOMER SERVICE
(a) Assistance with
Orders. For assistance with billing questions or other
order inquiries, please contact us at support@ogs-play.com. If you cannot find the answers you are seeking in our
knowledge base, you can send us an email from that page.
(b) Refund Policy. Certain restrictions apply to sales of Products sold
through the Service that might not otherwise apply to physical goods. Refunds
will not necessarily be issued due to your dissatisfaction with the Product or
if your computer does not meet the minimum Product requirements. If you feel
you qualify for a refund, please contact
Customer Service. Refunds will be issued solely at OG
STORE's discretion.
4. TERM AND
TERMINATION
Termination by OG
STORE. If you fail, or OG STORE, in its sole and
absolute discretion, determines or suspects that you have failed, to comply
with any of these Terms, including but not limited to failure to make payment
of fees due, failure to provide OG STORE with a valid payment method, failure
to safeguard your download page, or violation of our usage rules or any license
to the software, OG STORE, at its sole discretion, without notice to you may:
(i) terminate these Terms and/or your download page, and you will remain liable
for all amounts due up to and including the date of termination; and/or (ii)
terminate the license to the software; and/or (iii) preclude access to the
Service (or any part thereof). No such termination by OG STORE shall limit any
other rights OG STORE may have in law or at equity.
5. DISCLAIMER OF
WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
(a) Disclaimer of
Warranties. OG STORE AND
ITS LICENSORS DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE
SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE
SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE
THAT FROM TIME TO TIME OG STORE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS
OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU
EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH
THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY OG STORE) PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED OR STATUTORY, AND OG STORE AND ITS LICENSORS DISCLAIM
ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED
WARRANTIES CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM
A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED
WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS
A CONSUMER.
(b) Liability
Limitations. IN NO CASE
SHALL OG STORE, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "OG STORE PARTIES")
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES
DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY
TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT
LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OG
STORE PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE
APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR CERTAIN LIMITATIONS OF LIABILITY, INCLUDING FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE OG STORE PARTIES
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) Indemnity. By using the Service, you agree to indemnify and hold OG
STORE, its affiliates, and licensors, and their respective directors, officers,
shareholders, employees and agents, harmless with respect to any claims,
liability, damages, expenses and costs (including but not limited to reasonable
attorneys' fees) arising out of the actual or alleged breach of these Terms by
you or through your download page or your use or access of the Service. You
shall use your best efforts to cooperate with us in the defense of any claim.
We reserve the right, at our own expense, to employ separate counsel and assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you.
6. OTHER LEGAL TERMS
(a) Changes. OG STORE reserves the right, at any time and from time to
time, to update, revise, supplement, and otherwise modify these Terms and to
impose new or additional rules, policies, terms, or conditions on your use of
the Service or Products. If we amend these Terms, we will post the amended
version of these Terms on the Site. If a material change is made to these
Terms, then OG STORE will post a notice on OGS-PLAY.COM. You understand and
agree that you will be deemed to have accepted the amended Terms if you use the
Service after any such change. If you do not agree to any of these terms or any
future Terms, do not use or access (or continue to access) the Service. No OG
STORE employee or agent has the authority to vary any of the Service's policies
or these Terms governing any sale.
(b) Enforcement of
These Terms. OG STORE
reserves the right to takes steps it believes are reasonably necessary or
appropriate to enforce and/or verify compliance with any part of these Terms
(including but not limited to OG STORE's right to cooperate with any legal
process relating to your use of the Service and/or Products, and/or a third
party claim that your use of the Service and/or Products is unlawful and/or
infringes such third party's rights).
(c) No
Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the
Service may include materials from third parties. In addition, OG STORE may
provide links to certain third party websites. You acknowledge and agree that OG
STORE is not responsible for examining or evaluating the content or accuracy of
any such third-party material or Web sites. OG STORE does not warrant or
endorse and does not assume and will not have any liability or responsibility
for any third-party materials or websites, or for any other materials,
products, or services of third parties. Links to other websites are provided
solely as a convenience to you.
(d) Governing Law. The Service is controlled and operated by OG STORE from
its offices in the United Kingdom. These Terms shall be governed by United
Kingdom. Use of the Service is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including without limitation this
Section.