Last updated June 13, 2019. Replaces all prior versions.
- Your Agreement with Click Networking Games, LLC.
1.1 Choice of Law and Contracting Entity. Your relationship is with Click Networking Games, LLC, a United States company, and the General Terms are governed by the laws of Maryland, U.S.A. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited to do so by law.
1.2 Additional Terms. Click Games are licensed, not sold, to you, and may also be subject to one or more of the additional terms below ("Additional Terms"). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service, Software or Product. The Additional Terms are subject to change.
- Use of Click Games.
3.1 License. Effective upon receipt of these General Terms and receipt of payment from Licensee, Click Networking Games, LLC grants Licensee a non-exclusive, personal use license to download, reproduce and use Click Games for Licensee’s personal or internal business purposes, provided Licensee complies with the General Terms.
3.2 Click Networking Games, LLC Intellectual Property. We remain the sole owner of all right, title, and interest in Click Games. Except as stated in the General Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in Click Games. We reserve all rights not granted under the General Terms.
3.3 Permitted Uses. These General Terms gives Licensee the right to use Click Games as established below:
3.3.1 Personal and Internal Business Purposes: Except as otherwise set forth herein, the content is licensed for personal use only, not commercial use. The content may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The content may not be resold, relicensed, sub-licensed, rented, leased, or used in advertising (including but not limited to re-sale on E-Bay or other in-person and/or online sales channels). Internal business purposes do not include use by a third party or any parent, subsidiary, affiliate, partner, or licensee of Licensee.
3.3.2 Downloading: Licensee may download Click Games from Click Networking Games, LLC’s website up to three (3) times at one (1) IP address.
3.3.3 Restrictions on Use - In agreeing to these General Terms, Licensee receives no title to, ownership of or legal rights to, or any part of Click Games, except those rights expressly granted in this Section 3. For clarity, Licensee agrees that Licensee shall not:
188.8.131.52 Modify, create derivative works from, or otherwise alter any part of Click Games. Licensee has no right to use Click Games to develop a different template, even to the slightest extent.
184.108.40.206 Distribute copies of, in whole or in any part, the Click Games to parties other than Licensee’s internal personnel, individual school (not system, district or county), private party guests or students.
220.127.116.11 Display publicly, sublicense, share or make available for use in whole or in any part the Click Games. Licensee shall not distribute Click Games in a way that allows them to be reproduced or re-used.
18.104.22.168 Reverse engineer, disassemble, decompile or attempt to derive any source code or base construction of Click Games.
22.214.171.124 Download and use a template at more than one IP address, unless otherwise agreed to with Click Networking Games, LLC in writing.
126.96.36.199 Use any Click Game for public or private, for profit events (including, but not limited to mystery dinners, bar or restaurant games or mystery events at private or public venues) wherein a ticket price is charged for the event (each a “Commercial Use”). Such uses are ONLY granted if/when the Commercial Use version of the game is purchased.
3.4 Commercial Use. When the Commercial Use version of a Click Game is purchased, Licensee agrees to all restrictions on use set forth in this Section 3, except that they MAY use Click Game for a Commercial Use.
- Delivery and Acceptance.
4.1 Acceptance. Once Licensee accepts these General Terms by clicking “Agree” at the bottom of this form, Licensee shall be bound by these General Terms and Licensee shall be entitled to download those certain Click Games for which Licensee has paid. By making the Click Games available for download from its website, Click Networking Games, LLC satisfies its responsibility to deliver the Click Games to Licensee. By downloading the Click Games, Licensee accepts full delivery of the Click Games on an “as is” basis, and waives any right to refund or returns except as expressly agreed to by Click Networking Games, LLC in writing.
- Agreement Modifications.
Click Networking Games, LLC reserves the right to change or amend these General Terms. In such an event, Click Networking Games, LLC shall reasonably notify Licensee of the modified General Terms.
6.1 Download. Click Networking Games, LLC warrants that Licensee will be able to download its Click Games from Click Networking Games, LLC’s website.
6.2 Ownership. Click Networking Games, LLC warrants that it is the owner of the Click Games. It has full power and authority to license the Click Games. Click Networking Games, LLC warrants that no third party has ownership rights, in whole or in part, to any Click Games.
6.3 Disclaimer. Except as provided in these General Terms, Click Networking Games, LLC makes no warranties, whether express or implied, of merchantability, usefulness or fitness for a particular purpose of the Click Games. Click Networking Games, LLC does not warrant that its Click Games will function without interruption or in accordance with Licensee’s intentions. The Click Games are sold on an “as is” basis.
6.4 Limitation of Liability. Besides as otherwise authorized in these General Terms, Licensee agrees to hold Click Networking Games, LLC harmless in any cause for damages, negligence, strict liability or tort, even if such damages were foreseeable. Nothing in these General Terms WIll create additional liabilities, remedies or causes of action against Click Networking Games, LLC. Click Networking Games, LLC shall not be held liable for any claims by third parties against Licensee.
7.1 Choice of Law. Any claim brought against Click Networking Games, LLC or Licensee under or pertaining to these General Terms are governed by Maryland law without regard for its choice of law provisions.
7.2 Entire Agreement. Except as otherwise set forth herein, these General Terms constitute the entire agreement between the Parties. No other communications or prior writings will have any bearing on this enforceability of these General Terms.
7.3 Severability. The Parties agree to waive any provision of these General Terms that would render these General Terms invalid or unenforceable. If a provision is determined to be invalid, it will be enforced to the extent permissible under the law.
7.4 Waiver. No waiver under these General Terms is effective unless it is in writing, identified as a waiver to these General Terms, and signed by Click Networking Games, LLC. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from these General Terms:
7.4.1 any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under these General Terms; or
7.4.2 any act, omission or course of dealing between the parties.
7.5 Indemnity. Except where Licensee has breached these General Terms, Click Networking Games, LLC shall indemnify Licensee, including any of Licensee’s employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Licensee or the above-mentioned parties, for infringement of a patent, copyright or other intellectual property arising from the use of the Click Games, upon prompt notice by Licensee to Click Networking Games, LLC.
In such an event, Click Networking Games, LLC shall control the defense of the Click Games. Licensee agrees to indemnify Click Networking Games, LLC, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Click Networking Games, LLC based on the actions of Licensee, its successors, or its assignees.
- Effective Date.
These General Terms are effective when Licensee completes checkout in this shop. At that time, Licensee shall be obligated to abide by the aforementioned terms and conditions of these General Terms.