Availability and updates

We do not guarantee that the Game will be available at all times, in all locations, or that we will continue to offer or maintain the Game. We may update, change or modify the Game, or reset certain parameters, without notice to you. The Game may communicate with servers for the Game from time to time to check for available updates, such as bug fixes, patches, enhanced functions, different features, missing plug-ins, and new versions (collectively “Updates”). Updates may also include resetting certain parameters to balance gameplay and use of the Game, and may cause you setbacks within the Game and may affect characters, storylines, and other features of the Game. By installing the Game, you agree to such automatically requested and received Updates. Updates may be required in order to continue to use the Game.

Price

The price associated with the Game may change from time to time, with a current price posted on a third party marketplace authorized to make the Game available for download, such as the iTunes’ App Store. Unless tax or VAT charges are stated, the posted price for the Game does not include taxes or VAT, each of which are extra charges that will be presented to you at the time you purchase the Game and you are responsible for payment of such charges. All Game purchases are final, and NO REFUNDS will be issued.

License

This Game is licensed to you, not sold. Boat Rocker grants you a non-exclusive, limited, revocable license to use the Game only for your personal, non-commercial use, solely as installed on your Internet enabled device through a marketplace authorized to make the Game available, in the manner permitted by these Terms. All rights not expressly granted to you in these Terms are reserved. Without limiting the generality of the foregoing, no promotional use rights are granted to you, nor does this license amount to a grant or waiver of any intellectual property rights. This license is subject to these Terms, including the following conditions - you may not:

• transfer, redistribute, sublicense the Game, and if you sell the device upon which the Game is downloaded to a third party, you must remove the Game from the device before doing so;
• engage in any use of the Game that violates any law or regulation. You must only use the Game in a manner consistent with any and all applicable laws and regulations, and in a manner that does not infringe, impair or interfere with our or others’ rights. The Game may include cryptographic functionality the export of which may be restricted under applicable export control laws;
• cheat while playing the Game, or play the Game in an unsportsmanlike manner; commercially exploit the Game;
• copy the Game except to make archival or backup copies as may be permitted by law. For example, you may not use any robot, spider, or other automatic device, or manual process to monitor or copy any part of the Game without our prior written permission;
• modify or adapt the Game or merge it into another program or create derivative works based on the Game;
• use any device, software or routine to bypass or interfere or attempt to interfere with the proper working of the Game;
• reverse engineer, disassemble, decompile or make any attempt to discover or derive the source code of the Game;
• exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site, without our prior written consent;
• place the Game onto a server without our written permission so that it is accessible via a public network such as the Internet;
• remove, obscure, alter, disable, or circumvent any copyright, trademark or other proprietary notices, marks or labels contained on or within the Game;
• circumvent or attempt to circumvent any technological measures in the Game or any accompanying media designed to prevent copying or unauthorized access;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or,
• sublicense, rent, lease or lend any portion of the Game.

Whether or not you have breached the above conditions shall be determined in our sole and absolute discretion.

Illegal and/or unauthorized uses of the Game, including unauthorized framing of or linking to the Game may be investigated, with appropriate legal action taken, without notice, including without limitation, civil, criminal, and injunctive redress.

Intellectual property

Boat Rocker and/or its licensors, including its subsidiaries and affiliated companies, owns and retains all rights, title, and interests in and to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, and other proprietary rights in the Game, including in relation to titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, text, data, graphics, logos, button icons, images, whether registered or not. Our and our licensors’ rights in the Game are protected by the laws of Canada, international copyright treaties and conventions and other laws. All rights are reserved. Without limiting the generality of the foregoing, the Game may not be copied, modified, uploaded, posted, published, transmitted or distributed in any manner or medium, in whole or in part, without our prior written permission.

Your privacy and the information we collect

We respect privacy rights. You agree that we may collect and use technical data and related information – including but not limited to technical information about your device, system and application software, and peripherals – that is gathered periodically to facilitate the provision of software updates, product support and other services to you related to the Game. We may use this information, as long as it is in a form that does not personally identify you, to improve our products, or to provide services or technologies. We only use anonymized data collected through the Game. For example, when you use the Game, we may collect data from your device, including information about your device and operating system (including IP Address and Device ID), information about your use of the Game, gameplay, and usage statistics, system interactions and peripheral hardware. When you play offline, this data will be stored on your device and transmitted to us when your device connects to the internet.

We collect, use, store your information in accordance with the Privacy Notice available here: http://orphanblack.com/orphan-black-the-game-privacy-policy/.

Warranty disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR DOWNLOADING AND USE OF THE GAME AND ANYTHING OBTAINED THROUGH THE GAME IS AT YOUR SOLE RISK AND THAT THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THE GAME, ANYTHING OBTAINED THROUGH THE GAME, IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR  DEVICE’S OPERATING SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.   NOTWITHSTANDING THE FOREGOING, WE HONOUR LEGAL OBLIGATIONS TO PROVIDE THIS GAME WITH REASONABLE CARE AND SKILL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE GAME IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

BOAT ROCKER MAY PROVIDE LINKS AND POINTERS TO INTERNET WEBSITES MAINTAINED BY THIRD-PARTIES ("THIRD-PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD-PARTY MATERIALS IN THE GAME. NEITHER BOAT ROCKER NOR ITS AFFILIATES, ENDORSE, TAKE RESPONSIBILITY FOR, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD-PARTY SITES. THE MATERIALS IN THE GAME AND THE THIRD-PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF BOAT ROCKER WEBSITES AND THE ONLINE SERVICES.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT  BOAT ROCKER AND OUR SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY), OR OTHERWISE) FOR ANY PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR DOWNLOADING OR USE OF THE GAME OR ANYTHING OBTAINED THROUGH THE GAME, INCLUDING ANY LOSS OF DATA AND/OR INTERRUPTED OR POOR GAME PERFORMANCE, THE GAME’S CORRUPTION, LOSS, INTERFERENCE, HACKING VIRUSES OR BUGS, OR COMPATABILITY AND/OR INTEROPERABILITY WITH ANY OTHER SOFTWARE, WHETHER OR NOT WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Void where prohibited

Although the Game may be accessible worldwide, not all services may be available to all persons or in all geographic locations. Boat Rocker reserves the right to limit, in its sole discretion, the provision and quantity of any service to any person or geographic area it so desires. Any offer for any product or service made is void where prohibited.

I N D E M N I F I C A T I O N

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Boat Rocker and our affiliated companies, and our and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from your use of the Game, including your downloading, installation and playing of the Game, or your violation of these Terms. Boat Rocker reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.

You acknowledge and agree that any actual or threatened breach of these Terms will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.

Litigation issues

These Terms are entered into in the Province of Ontario and shall be governed by, and construed in accordance with, the laws of Ontario, exclusive of choice of law rules. You irrevocably agree to submit to the personal and exclusive jurisdiction of the superior and federal courts sitting in the City of Toronto, Ontario, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You further agree: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint; and, (iv) The United Nations Convention on the International Sale of Goods shall not apply to these Terms.

Termination

Boat Rocker reserves the right to terminate these Terms and your access to the Game for any reason or no reason, without warning or notice, and without liability. Upon termination, your right to use the Game will immediately cease. These Terms and your license to use the Game terminate immediately and automatically if you violate these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability. Such termination does not constitute a waiver of any of our rights or remedies and you will not be entitled to any refund of any fees you paid for the Game. Re-instatement of any terminated access is at Boat Rocker’s sole and absolute discretion.

The platform from which you downloaded this Game, including but not limited to Apple Inc. and Google Inc., has the right to enforce these Terms against you on our behalf, or as a third party beneficiary relating to your use of the Game.

Notices / Other

Except as explicitly stated otherwise, any notices to the Boat Rocker shall be given by email: businessaffairs@boatrocker.com

and any notices to you shall be given to the email address you provide to the Boat Rocker. Notice shall be deemed given 24 hours after email is sent. You agree that these Terms and all incorporated agreements may be automatically assigned by the Boat Rocker in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to the Boat Rocker shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. Boat Rocker’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. You may not amend or change these Terms. If the Boat Rocker amends or changes these Terms, your continued use or access of the Game constitutes acceptance of such notice or change. If you do not agree to accept any change or amendment to these Terms, your sole recourse and remedy is to terminate your access to the Game. These Terms may only be amended or changed in writing by an authorized representative of Boat Rocker. Oral changes or amendments to these Terms are not binding on Boat Rocker.

Marketplaces

These Terms are between you and Boat Rocker only, not with Apple, Google or any other party through which you may have purchased the Game (“Marketplaces”). The Marketplaces are not responsible for the Game, but as set out herein, may enforce these Terms. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Game. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Game. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Game or your possession and/or use of the Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Game infringes upon a third party’s intellectual property rights.

Support

Subject to other provisions of these Terms, Boat Rocker will attempt to help you with any queries or problems that you may have with the Game. To reach our customer support team, please email us at support@boatrocker.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.