Terms and Conditions

This document (the “Agreement”) constitutes a legal agreement between you and Lowen Games, LLC., and its related companies and affiliates (collectively, “LG,” “we,” or “us”) that governs the relationship between you and LG with respect to your use of LG’s games, products, services and websites accessed through internet-capable platforms, including game consoles, personal computers, mobile devices, and in-game applications and software hosted by third-parties. (collectively, the “Services”).

Please read the following Agreement carefully. By using or accessing the Service, you consent to this Agreement and to our Privacy Policy.

1. ACCESS TO THE SERVICE

In order to use or access the Service, you affirm that (i) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or you have reviewed this Agreement with your parent or guardian and he or she assents to this Agreement on your behalf and takes full responsibility for your compliance with them; and (ii) you are a legal resident of a country where your access to and your play, purchase, receipt and use of the applicable Services are permitted. You represent that you are fully able and competent to enter into the terms, conditions, and representations set forth in this Agreement.

If you use or access the Service through a social network (e.g., Facebook) or other third party platform, game console, app, or service (“Third Party Service”), you may be required to have an account with the Third Party Service through which you connect to the Service. You agree to comply with the Third Party Service’s terms of use as well as this Agreement. You also agree that LG has no responsibility or liability for any act, error, or omission of any Third Party Service.

The collection and use of your information, whether extracted from a Third Party Service or otherwise provided to LG is subject to our Privacy Policy. You agree that LG may use your information, game history and other data related to your use of the Service as provided in our Privacy Policy.

2. LIMITED LICENSE TO USE THE SERVICE

Subject to your compliance with this Agreement, LG grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.

You agree not to (a) use the Service for any use or purpose other than as expressly permitted by this Agreement, or (b) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion thereof, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LG or its licensors, except for the permissions and rights expressly granted in this Agreement.

If you violate this Agreement, LG reserves the right to immediately and without notice terminate or suspend your access to the Service.

3. PROPRIETARY RIGHTS

All content and materials comprising the Service, including without limitation, software, computer code, HTML, APIs, design, artwork, graphics, video, animations, sounds, musical compositions, audio-visual effects, games, titles, themes, objects, icons, virtual items, characters, stories, dialogue, catch phrases, concepts, formats, effects, methods of operation and documentation, and the selection and arrangement thereof (“Content”) and the trademarks, service marks, trade dress and logos contained therein (“Marks”) are owned by LG or its licensors. All other trademarks, service marks, trade names and logos used on the Service, with or without attribution, are the property of their respective owners.

You acknowledge and agree that the Content and Marks are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws of the United States and similar laws of other jurisdictions. LG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Content and Marks.

You will not obtain any ownership interest in the Content, Marks or our Services through this Agreement or otherwise. All rights to the Content not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on our Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content or Marks in any form or by any means, without the prior written authorization of LG or the respective copyright owner, which may be granted at its sole discretion.

4. USER GENERATED CONTENT

User generated content (“UGC”) is defined as any content, material, data and information that you create, upload to, or transmit through the Service, or that is extracted from your Third Party Service profile, including, without limitation, text, images, stories, photos, sound, music, drawings, sketches and game questions.

By posting any UGC on, through or in connection with the Service, you hereby grant to LG a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, sublicensable, transferable, worldwide license to use, modify, excerpt, adapt, store, translate, sub-license, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such UGC, in whole or in part, on, through or in connection with the Service or in connection with any commercialization, distribution, or syndication thereof on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, research, trade or commercial purposes. LG’s use of such UGC shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. LG may remove any UGC at its sole discretion at any time. UGC is not confidential and will not be returned to you.

If UGC that you create and publish reproduces your name, likeness, image, and/or voice (collectively, “Image”), you acknowledge and agree that LG has the right to use your Image as part of the Service pursuant to the broad license stated above. If the UGC you publish on the Service features the Image of any person other than yourself, you represent and warrant that you have received permission from the relevant person for the use of his/her Image by LG in accordance with the terms of this Agreement, and you indemnify LG for any losses which LG may incur pursuant to the Indemnification provision of this Agreement.

Please note that not all Services allow the posting of UGC and LG reserves the right to limit the storage capacity of UGC that you post on, through or in connection with the Service. LG also reserves the right (but not the obligation) to remove and permanently delete any UGC from the Service with or without notice for any reason.

You represent and warrant that: (a) you own the UGC posted by you on, through or in connection with the Service, or otherwise have the right to grant the license set forth in this Section, and (b) the posting of UGC by you on, through or in connection with the Service does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any UGC posted by you on or through the Service.

You agree not to share, post, or otherwise disseminate any UGC that is, in LG’s sole discretion, offensive, demeaning, defamatory, or otherwise inappropriate, including but not limited to: content that directly or indirectly threatens an individual or group, promotes self-Injury or suicide, is bullying or harassing, facilitates criminal or otherwise illegal activity, promotes sexual violence or exploitation, or is hate speech.

If you feel that any UGC violates these terms, you may request that we review it by submitting the content for review via email to privacy@playdeliverance.com.

5. LIVE STREAMING

LG welcomes the streaming of its games to a live audience (“Live Streaming Content”) via Twitch and other video streaming services, provided that such Live Streaming Content complies with this Agreement and the following conditions:

Live Streaming Content must have no commercial (i.e., monetary) objective. As an exception to this, you are permitted to monetize Live Streaming Content (such as Twitch and YouTube videos) with advertisements, subscriptions, bits, or other monetization tools integrated into the streaming platform, as well as external subscriptions such as patreon donations. You may not sell tickets or charge money for “virtual gameshow nights” and similar activities. You may not sell or resell access to the Services.

All Live Streaming Content must be appropriate for the audience of the Services, comply with applicable law, and be free of any material that violates the rights of others or that is offensive, sexually explicit, or defamatory (as determined by LG).

You may not say, publish or engage in any conduct that would lead viewers to believe that the Live Streaming Content is endorsed, approved or sponsored by LG, or produced in partnership with LG. In addition, the Live Streaming Content must not include any co-branded content without LG’s express written consent (e.g., promoting sponsorships with other companies).

You may not use any LG Content or Marks in a manner that is derogatory or that may damage the reputation or goodwill of LG (as determined by LG).

The Live Streaming Content may not include links or information related to exploits or hacks to the Services or any other games.

LG, at any time and in its sole discretion, may revoke your permission to create and publish Live Streaming Content and reserves the right to remove the content from any third-party service and/or take other action it deems appropriate.

6. DMCA POLICY

LG respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, LG will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:

Jackbox Games, Inc. Attn: Copyright Agent 811 W Evergreen Ave. Suite 301 Chicago, IL 60642 E-mail: copyright@jackboxgames.com

7. RULES OF CONDUCT

Your use of the Service is subject to all applicable local, state and national laws and regulations. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your account. You shall not use, allow, or enable others to use the Service, in any manner that is, attempts to, or is likely to:

be libelous, defamatory, vulgar, indecent, or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service;

use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any LG game experience;

exploit, distribute or publicly inform other members of any error, miscue or bug which gives an unintended advantage;

send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”;

unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;

transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

contact anyone who has asked not to be contacted; “stalk” or otherwise harass anyone;

violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;

gain unauthorized access to the Service, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service;

disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights of use and enjoyment of the Service by any other person, firm or enterprise; or

use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement.

8. USER DISPUTES

You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. LG hereby disclaims any and all liability to you or any third party relating to your use of the Service. LG reserves the right, but has no obligation, to manage disputes between you and other users of the Service.

9. USER FEEDBACK

In general, LG does not accept, via the Service or otherwise, unsolicited submissions including, without limitation, submissions of game ideas, characters, drawings, information, suggestions, proposals, ideas or concepts (collectively, “User Feedback”). Therefore, any similarity between an unsolicited submission and any elements in a LG creative work or Service would be purely coincidental. However, on occasion, we may request feedback from our users in the form of a survey or similar submission. Any and all User Feedback provided by you to LG, whether solicited or not, and all rights contained therein, will become the sole property of LG and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as LG sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever in connection with your User Feedback or LG’s use thereof.

10. LINKS AND THIRD PARTY

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LG of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

11. DISCLAIMER OF WARRANTY

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, LG AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. LG will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that LG has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from LG or through the Service, will create any warranty not expressly made herein.

You also acknowledge that the time that you spend on the Service, including any dollar amounts or achievements accumulated in our games, is solely for entertainment purposes and that no value can be attributed to such time.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR UGC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. INDEMNIFICATION

Upon LG’s and/or its licensors’ request, you agree to defend, indemnify and hold harmless LG, its licensors and any LG affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Agreement for which you are responsible or in connection with your distribution of any UGC on or through the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold LG and its licensors harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account. You agree that you will be personally responsible for your use of Service and for all of your communication and activity on the Service, including any content you contribute, and that you will indemnify and hold harmless LG, LG’s licensors and LG affiliates from any liability or damages arising from your conduct on the Service, including any UGC that you contribute.

LG and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to LG and/or its licensors in that matter.

14. EXPORT CONTROLS

Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. CHANGES TO THIS AGREEMENT.

LG reserves the right, in its sole discretion, to modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately or, where required by law, 30 days after its publication in connection with the Service. LG may notify you of any such changes by providing a link to the new Agreement before you use the Service, posting the notice of such changes on LG’s website, or sending notice via other means. Your continued use of the Service after any changes or modifications to this Agreement are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.

16. Disputes

a. Governing Law

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any conflict of law principles.

b. Dispute Resolution

Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of Texas, County of Comal, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.

To the fullest extent permitted by applicable law, you and LG agree that any dispute, claim, or controversy between you and LG arising out of or relating to these Terms or your use of the Services will be resolved only on an individual basis. Class actions, collective actions, private attorney general actions, and consolidation of proceedings with other parties are not permitted. You and LG each waive any right to bring or participate in a claim against the other as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

In the event that LG is required to incur costs, including reasonable attorneys’ fees, to defend or enforce LG’s rights hereunder, You will pay or reimburse such defense or enforcement costs.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

c. No Injunctive Relief

If LG breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against Us and/or the Services as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).

d. Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

17. GENERAL

(a) This Agreement states your entire agreement with LG regarding the use of the Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.

(b) No delay or failure to take action under this Agreement shall constitute any waiver by LG of any provision of this Agreement.

(d) Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

(e) This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LG without restriction.

18. CONTACTING US

If you have any questions about this Agreement, or the practices of LG’s Service, please contact us at support@playdeliverance.com or write to us at: Lowen Games, PO Box 2170, Canyon Lake, TX 78133 Attn: Customer Support