TERMS OF USE

Updated: January 24, 2019

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these Terms of Use, please do not use this site.

General Information

Eyegamer.com ("site") is the website of OogaGame, the California Corporation ("OogaGame", "we", "us", "our").
The Eyegamer is the registered trademark. OogaGame is a licensee, duly authorized by the trademark holder to use Eyegamer trademark in the manner provided on the site.

Restrictions On Use of Materials

This site is copyright and trademark right protected. Any textual or graphic material ("Materials") you copy, print, use online, or download is licensed to you by OogaGame and/or its subsidiaries ("OogaGame") for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

If you download and/or use applications or use our online game ("Software") from the site or from third-party platforms such as Google Play, App Store and any others, the Software including all files and images, contained in or generated by the Software, and accompanying data are deemed to be licensed to you by OogaGame, for your personal, non-commercial home use only.

OogaGame does not transfer you either the title or the intellectual property rights to Materials or Software, and OogaGame retains full and complete title to the Software, Materials as well as all intellectual property rights therein. You may not sell, redistribute or reproduce  Software, nor may you decompile, reverse engineer, disassemble or otherwise convert Software to a human-perceivable form.

All trademarks and logos are licensed to OogaGame or its sublicensors and you may not copy or use them in any manner. This site is controlled and operated by OogaGame. OogaGame makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is subject to U.S. export controls. No Software from this site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimer

We may change, move or delete portions of, or may add to, this site from time to time.

The materials in this site are provided "as is" and without warranties of any kind either express or implied. We do not warrant or make any representations regarding the use or the results of the use of the content or other materials in this site is terms of their correctness, accuracy, reliability or otherwise relating to such materials, or on any sites linked to this site.

To the fullest extent permissible pursuant to applicable law, OogaGame disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.  We do not warrant the accuracy, completeness or usefulness of any information contained on this site. We do not warrant that the functions contained in the materials available on this site will be uninterrupted or error-free, or accurate, or complete, or current,  that defects will be corrected, or that the materials, this site or the server that makes them available are free of viruses or other harmful components. We may make changes to the materials contained on the site at any time without notice. We do not, however, make any commitment to update the materials. You assume the entire cost of all necessary servicing, repair and correction.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the site. We cannot guarantee that your computer monitor's display of any color will be accurate.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall OogaGame be liable for any special or consequential damages that result from the use of, or the inability to use, site or any downloaded materials, even if we or our representative has been advised of the possibility of such damages. In no event shall OogaGame`s total liability to you from all damages, losses, and causes of action (whether in contract, or otherwise) exceed the amount you paid to us, if any, for products purchased on this site.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products and services.

Applicable law may not allow the exclusion of implied warranties, or the above limitations of liability, so the above exclusions may not apply to you.

Links

We have not reviewed all of the sites linked to our site and are not responsible for the contents of any such linked site. OogaGame makes no representation whatsoever regarding the content of any other websites which you may access from this site. Use of any such linked website is at the user's own risk. When you access a non-Eyegamer website, please understand that it is independent from us and that we have no control over the content on that website. A link to a third-party`s website does not mean that OogaGame endorses or accepts any responsibility for the content or use of such web site.

Submissions

Should any viewer of a document on the site respond to us with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. In addition, we shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same.

Further, OogaGame shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by ours privacy policy.

In consideration of OogaGame's continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to OogaGame without any compensation. You agree to execute any and all documents that OogaGame may reasonably request in connection with confirming OogaGame's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Purchase of our products and services

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
You may purchase the games represented on our site (“Games”) directly from our website. You may also do this through third-party e-commerce platforms such as Amazon.

Prices: you can become familiar with our prices for products and services at the site. Please note that the final price for the products and services may be different for you because of some specific additional fees applicable for you as they become due. Such fees may vary based on your location, cost of shipping, the type of Payment Method used, where your Payment Method was issued, applicable taxes such as VAT or other arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Buying from us you agree to pay the mentioned fees. Our payment provider may not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing may be available to all buyers, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations, or discounts, or special status of user.

Prices for our products and services are subject to change without notice.

Prices for our products and services on the third-party e-commerce platforms such as Amazon may be different from the prices on our site due to their own terms and conditions, shipping terms, payment terms etc. Please revise properly the terms and conditions of such third parties platforms if you purchase from them before buying.

Payment terms: to purchase any product or service on the site you must have a current valid accepted payment method as indicated during payment process. As we use third-party payment processor Shopify Payments we do not access nor collect, nor process, nor store your financial information. You agree to provide us, storing and accessing your customer information and billing address as described in our Privacy Policy. Please note that you provide your financial information to the third-party payment processors in accordance with their own privacy policies. As we use Shopify please revise carefully their legal information before purchasing our products and services.

Please note we do not collect, access, process or store your financial information so please visit relevant third-party provider`s legal information to get detailed information on this issue before purchase our products and services.

Also you can buy our Games and other products and services on third-party ecommerce platform such as Amazon etc. Clicking the relevant links on our site you will be redirected to the such third-party websites. The terms and conditions of all purchases you make at the mentioned third-party platforms, including payment methods, applicable taxes and fees, refunds etc. are the subject of such third-party platform`s legal information so please visit and revise them properly before purchase.

Exclusive products or services: certain products or services may be available exclusively through the site. These products or services may have limited quantities and be subject to return or exchange only according to our Return Policy.

Limitation on products and services: we reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

Shipping: you will be able to choose one of the options of the shipment of our products to you while purchasing process. Please note that chosen shipping option may affects the total price of our products for you.

Shipping of the products you purchased directly from us will be executed from our facilities in China by China Post and your local post operators. Therefore we cannot guarantee you will receive your order as per the above shipping times and we do not bear responsibility for any delays with the following exception. We do guarantee your purchased products to be delivered to you within 60 days (90 days for deliveries to Russia,120 days for deliveries to Brazil), otherwise we will refund your purchase with the limitations set in our Return Policy, so please revise the Return Policy for more information.

Post operators may not deliver products to you due to your geographical location or other local factors. Unfortunately in this case we are not able to sell our products to you and have to exercise our right to limit the sales to you.

Please note that if you buy our products on Amazon, the shipping time may be different.

Wholesale quantity: your wholesale order(s) will need to be approved by our wholesale team prior to dispatch. Your wholesale order may be delayed due to the volume or quantity. Please note, wholesale quantity orders are non-refundable.

Indemnification

You agree to indemnify, defend and hold harmless OogaGame and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Terms of Use Modifications and Termination

We may revise these Terms of Use for site at any time without notice. By using this website and buying our products and services you are agreeing to be bound by the current version of these Terms of Use.
This Agreement is effective unless and until terminated by either you or OogaGame. You may terminate this Agreement at any time by no longer using this site, provided that all prior uses of this site shall be governed by this Agreement. We may terminate this Agreement at any time and without notice, and accordingly deny you access to this site, in our sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Governing Law

Any claim relating to the site shall be governed by the laws of California without regard to its conflict of law provisions.