"Terms of Service for ABCDgames"

Updated and effective February 19, 2020

These “Terms of Service” apply to the abcdgames.tech website (“ABCDgames”) as well as any mobile, software application, or online services that are owned and controlled by ABCDgames (collectively, the “Platform”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE PLATFORM.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Platform, you warrant that you will not use the Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Platform.

USER CONDUCT

Users are expected to use the Platform responsibly. ABCDgames reserves the right, but does not assume the responsibility, to monitor or review user conduct on the Platform. You agree not to post, transmit, or otherwise make available, through or in connection with the Platform:

• Anything that is or may be unlawful, defamatory, fraudulent, objectionable, or protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
• Any computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
• Any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available; or violate any requirements, procedures, policies, or regulations of such networks.
• Attempt to gain unauthorized access to the Platform, other accounts, computer systems, or networks connected to the Platform, through password mining or any other means.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content or materials from the Platform or reproduce or circumvent the navigational structure or presentation of the Platform.
• Engage in any other conduct which, in ABCDgames’s sole discretion, is considered inappropriate, unauthorized, or objectionable.

WEBSITE CONTENT

You may not download, copy, reproduce, change, distribute, or create derivative works of our content without written permission from ABCDgames. The content on the Platform may only be displayed from within our website. You may not display our content in iFrames.

SERVICE FEES

The Platform may be used free of charge or on a subscription basis. We may charge periodic fees to subscribers, which may include benefits like ad-free use of the Platform or access to exclusive content. If you subscribe to the Platform, you will be subject to our Payment Terms. We offer various subscription plans as described on the Platform, some of which automatically renew at the conclusion of each subscription period.

If you subscribe to such a plan, your subscription will automatically renew and your payment card will be charged each billing period unless and until you cancel your subscription in accordance with the Payment Terms or we terminate your use of the Platform (as described in the “Termination” section below).

All subscription fees are non-refundable. You may cancel your subscription or terminate your use of the Platform at any time, but you will not receive a refund or credit for any fees previously paid. ABCDgames reserves the right, in its sole discretion, to change the applicable fees and modify the Payment Terms from time to time.

MEMBERSHIP

Some features of the Platform may require registration or may otherwise ask you to provide information to participate or access certain content. These features are limited to adult users. The decision to provide this information is optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Platform or access certain content. When you provide information to the Platform, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.

If you register with us, you agree not to sell, transfer, or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other device, as applicable) so that others may not access the password-protected portion of the Platform using your login information. ABCDgames reserves the right (in its sole discretion) to terminate your account or otherwise deny you access without notice.

LINKING POLICY

ABCDgames grants you the revocable permission to link to the Platform; provided, however, that any link to the Platform: (a) must not frame or create a browser or border environment around any of the content on the Platform or otherwise mirror any part of the Platform; (b) must not imply that ABCDgames or the Platform is endorsing or sponsoring any third party or its products or services, unless ABCDgames has given the third party its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in ABCDgames’s sole opinion, harm ABCDgames or its products or services; (d) must not use any ABCDgames’s trademarks without the prior written permission from ABCDgames; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in ABCDgames’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. Notwithstanding anything to the contrary contained in these Terms, ABCDgames reserves the right to prohibit linking to the Platform for any reason in our sole and absolute discretion.

THIRD PARTY LINKS, CONTENT, AND APPLICATIONS

The Platform may include links to third party websites or online features. It may also include third party content that we do not control, maintain, or endorse. Your correspondence and business dealings with others found on or through the Platform are solely between you and the applicable third party. You expressly acknowledge and agree that we are in no way responsible or liable for third party content, sites, or online features.

TERMINATION

ABCDgames reserves the right to terminate your access to and use of the Platform at its sole discretion, without notice, including, without limitation, if ABCDgames believes your conduct fails to conform with these Terms of Service (or any Additional Terms such as the Payment Terms). ABCDgames also reserves the right to investigate suspected violations of these Terms of Service. Any violation of these Terms of Service may be referred to law enforcement authorities. Upon termination of your access to the Platform, or upon demand from ABCDgames, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Platform.

ABCDgames also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any materials, information, or content available on the Platform, including, without limitation, the cessation of all activities associated with the Platform. You agree that, except as may be required by law, ABCDgames will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or any part thereof.

DISCLAIMER OF WARRANTIES

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ABCDGAMES NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PLATFORM. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PLATFORM, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE WEBSITE “AS IS” WITHOUT EXCEPTION.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, ABCDGAMES, AND ABCDGAMES’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ABCDGAMES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PLATFORM (IF ANY).

IN ALL CASES, ABCDGAMES, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

In using our Platform, you will hold harmless and indemnify ABCDgames and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Platform or violation of these Terms.