Omnibox Games User Agreement
Last Updated: January 8, 2023
This User Agreement (“Agreement”) is entered into between You and Omnibox Games Ltd (“Omnibox”) and governs products, content and services offered, developed, or published by Omnibox in the present or future such as Games, downloadable content, media or other content, tools and software, websites, forums, events and contests, and any other service offered or hosted by Omnibox (collectively “Services”).
By using the Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, cease use of the Service(s) immediately.
Omnibox’s failure to enforce any part of this Agreement is not a waiver of any provision or right. Omnibox reserves the right to seek all remedies available at law and in equity for any breach of this Agreement, including the right to claim damages.
If you have executed a separate agreement with Omnibox, the terms of that agreement will supersede the terms of this Agreement.
Epilepsy Warning: Some Services can and may emit brightly flashing lights. User discretion is advised.
Addiction Warning: Omnibox Games Ltd does not promote or condone gambling nor the use of other addictive substances. However, for historical accuracy, some instances of these may be depicted or alluded to in our Services.
License
The Service(s) are provided to you under a license and are not sold to you. Omnibox or its licensors retain complete ownership and all rights to the Service(s), including title and encompassing all intellectual property rights.
While this Agreement is in effect, Omnibox grants you a personal, limited, non-transferable, revocable, and non-exclusive license to use the Services that you have legally obtained access to for your personal and non-commercial use, unless otherwise specified in this Agreement. You may not sell, redistribute, modify, or reverse engineer any part of the Service(s) provided unless otherwise specified in this Agreement or explicitly superseded by the terms of a separate agreement with Omnibox.
You may not interfere or attempt to obstruct other users' ability to interact with the Service(s).
By accepting this Agreement, you are acknowledging that you are over the age of 13 and have obtained permission by a parent or legal guardian to engage with products made by Omnibox. Failure to do so may result in a breach of Licence.
Changes to Services
Omnibox may implement alterations or updates (collectively "Changes") to one or more Service(s). Omnibox will notify you of these Changes externally or within the Service(s). Implementation of these Changes may be required to continue using one or more Service(s). Changes may affect stability or may cause limitations to the Service(s). Omnibox does not guarantee that defects in the operation or functionality of the Service(s) will be corrected.
Availability
Omnibox cannot guarantee the constant availability of any Service or its components, in every location, or at any specific time or scale. Furthermore, Omnibox makes no commitment to maintain or update any particular Service or its components indefinitely. Omnibox reserves the right to take actions regarding your usage of the Services, with or without informing you, to safeguard you, other users, or Omnibox.
User Generated Content
Omnibox hereby grants you the right to create and make publicly available User Generated Content, derivative works, and Mods (collectively “UGC”), for non-commercial purposes. You hold exclusive ownership and are solely responsible for the UGC you create. This UGC must not include any unlawful, infringing, or inappropriate content, or content that violates any agreements or basic norms of decency. Your UGC may not include advertising or calls-to-action for any purpose including those of commercial and non-commercial entities, charities, and political parties or causes. Your UGC may not claim to be directly affiliated with or endorsed by Omnibox unless directed to do so in accordance with this or another agreement.
“UGC” includes chat and forum posts, such as those on Steam or Discord, customizations or modifications to Services, scripts and programs, designs, music and sound, cinematics, animations, derivative works, and other types of works relating to the Services. Your rights to your UGC are limited to the new, original material you create. These rights do not extend to the Services themselves, any creations by third parties, or any content provided by Omnibox through the Services.
By making your UCG publicly available, you provide Omnibox and its affiliates a non-exclusive, royalty-free, perpetual, and irrevocable license (“Content License”) to utilize, reproduce, modify, adapt, publicly display, and create derivative works from your UGC in any way and through any medium or platform, existing or future, without attribution or compensation to you or any third party. The Content License also grants Omnibox the right to sell, sublicense, or assign this Content License to others in relation to your UGC. This Content License shall survive the termination of this Agreement. Omnibox at its sole discretion may offer compensation for UGC while still preserving all terms in this Agreement.
UGC shall be created non-commercially, with all features of its most recent version available publicly and for free to all users of the Service(s). You may accept compensation in the form of donations, sponsorships, or from Omnibox and its affiliates.
Omnibox is under no obligation to use, distribute or continue to distribute UGC and may restrict or remove your UGC at our sole discretion. Omnibox may revoke the permission to create UGC at any time and for any reason without terminating this Agreement.
Streaming and Content Creation
You may make videos, live streams, or artwork that contain gameplay, music, sound, and screenshots from our Services and share them on media-sharing websites. These rights may be revoked or superseded by separate agreements as a part of other Services. You may only use content from Services or promotional materials that have been officially released to the public unless directed otherwise by a separate agreement with Omnibox.
Derivative media must include your own creative input under the guidelines of Fair use. You are not permitted to imply or state that your videos are officially affiliated with, sponsored, endorsed, or approved by Omnibox unless directed to do so by a separate agreement with Omnibox or its affiliates.
Term and Termination
This Agreement is effective until terminated by you or Omnibox. Omnibox may terminate this Agreement for any reason or if Omnibox determines that you have failed to comply with the terms and conditions of this Agreement. If practical, Omnibox will notify you prior to the termination of this Agreement. In the event of termination, you will not be entitled to a refund for the Service(s) or a credit of any kind and you will cease all use of the Services. Omnibox reserves the right to issue warnings, suspensions, or modifications to access of the Service(s).
You may terminate this Agreement at any point. If you terminate this Agreement, you shall immediately cease use of the Service(s).
Omnibox reserves the right to discontinue any Service by providing a thirty-day notice either via email or within the Service itself. Once terminated, the Service will no longer receive updates or Changes, and Omnibox will not guarantee that a discontinued or terminated Service will remain functional on newer or updated operating systems, or that it will be available to download.
All sections that by their nature would survive termination shall survive termination.
Privacy and Use of Data
Omnibox does not collect or store user data.
Third-parties, such as Valve, may collect user data through our Service(s) as outlined in the Steam Subscriber Agreement or other applicable agreements.
Disclaimers and Limitation of Liability
Some Services include the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Omnibox, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Omnibox, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Services, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Services, or will not revoke approval of this Services for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Omnibox and Epic. Omnibox, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Omnibox, Epic, Epic’s licensors, nor its or their affiliates, nor any of Omnibox’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Omnibox, Epic, Epic’s licensors, nor its or their affiliates, nor any of Omnibox’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Omnibox’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Omnibox, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Omnibox, Epic, Epic’s licensors, its and their affiliates, and any of Omnibox’s or Epic’s service providers shall be limited to the full extent permitted by law.
You acknowledge and consent that using the Service(s) is entirely at your own risk. The Service(s) are delivered "as is," and Omnibox explicitly rejects all other warranties, whether statutory, explicit, or implied, including but not limited to, implied warranties of merchantability and suitability for a specific purpose. Omnibox makes no promises that the Service(s) will fulfill your expectations or needs. You assume full risk for their quality and performance.
You absolve Omnibox of responsibility for any loss or damage that may arise from your usage of the Service(s), or due to any acts or omissions by Omnibox related to the Service(s). You agree that Omnibox, its owners, directors, employees, and contractors, will not be held accountable for any indirect, consequential, special, incidental, punitive, or exemplary damages under any theory of liability, including but not limited to damages for lost profits, lost revenue, lost goodwill, or lost opportunity, even if such damages were foreseeable or if Omnibox was advised of their possibility. You relinquish and forever release Omnibox from all claims related to these excluded damages. The maximum liability Omnibox may have to you regarding the Service(s) shall not exceed the total amount you have paid Omnibox for the Service(s).
Indemnities
To the maximum extent permitted by applicable law, you agree to, at your sole cost, defend, indemnify, and hold harmless Omnibox and its owners, directors, employees, and contractors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with: (i) a breach by you of any obligation, representation, or warranty you have under this Agreement; or (ii) your violation of any applicable laws, rules, regulations, or contracts; (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. At all times, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent.
Governing Law
Jurisdiction of all legal matters taken by either party of the Agreement shall fall exclusively within the United States of America.
Updates to this Agreement
Omnibox may amend this Agreement by posting an updated version on our Services. Amendments will come into effect after 30 days. By continuing to use the Service(s) you accept any changes in the most recent amendment of this document.
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