Terms of Service

Terms of Service ("Terms")

Last updated: June 7, 2018

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Podegame and Henchmangoon websites operated by Henchman & Goon AS ("us", "we", or "our") including without limitation apps, materials and/or products or services available thereon (“Websites”), as well as the Podegame or any other game materials and services made available through the Websites and Henchman & Goon-approved third party digital distributors (collectively with the Websites, the “Services”).

Your access to and use of the Service is conditioned on your acceptance of and compliance withthese Terms, our Privacy Policy and any End User License Agreement applicable to our games. These Terms apply to all visitors, users and others who access or use the Services. By accessing and/or using the Services, you agree to be bound by all of the terms and conditions of the Terms of Service, Privacy Policy and applicable End user License Agreement(s), you may not access and/or use any of the Services.

Eligibility
You must be at least 18 years of age or have reached the age of majority under the applicable laws of the place where you reside or, if you are not, you must be at least 13 years old and have your parent’s or legal guardian’s permission to access and/or use any of the Services. By accessing and/or using any of the Services, you affirm that you are at least 18 years of age or have reached the age of majority under the applicable laws of the place where you reside or, if you are not, that you are at least 13 years old and have obtained parental or guardian consent to enter into the Terms of Service, Privacy Policy and End User License Agreement. If you are not of legal age to enter into the Terms of Service, Privacy Policy or End User License Agreement (if applicable) or have not obtained parental or guardian consent to enter into the Terms of Service, Privacy Policy and End User License Agreement, then you may not access and/or use any of the Services and/or any part thereof.

Children under the age of 13
The Websites are general audience websites and are not directed to children under the age of 13. We do not knowingly collect via our Services personally identifiable information from children under the age of 13.

Changes
We reserve the right to modify or replace the Terms of Service, Privacy Policy and/or end User License Agreement(s) in whole or in part, from time to time in our sole and absolute discretion. We will provide you with notice of such modification by any reasonable means, including, without limitation, by making available the revised version thereof through the Services. You can refer to the "Last Updated" legend at the top of the applicable agreement. Your continued use of any of the Services following such changes/revisions will mean that you agree to be bound by any changes/revisions made by us. It is your responsibility to check the Terms of Service, Privacy Policy and/or End user License Agreement(s) from time to time.

Privacy
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

Rules of Conduct
While playing or otherwise using our games or Services you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the Services is conditioned on your complete and continued compliance with the following rules of conduct. The violation of any of these Rules of Conduct may lead to the suspension of your access and/or termination of your account.

While playing, streaming our games or otherwise using our Services, you agree not to:

  • post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or ehtnically offensive.
  • Impersonate or misrepresent your affiliation with us, our service providers, our licensors and/or any other person, company and/or group, including, without limitation, copying or mirroring our Websites, their look and feel, graphics and/or content.
  • post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright, privacy or publicity rights or other intellectual or proprietary rights of another person, group or company.
    • delete any author attributions, legal notices or proprietary designations or labels.
    • post, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
    • do anything that might interfere with or adversely affect the Services.
    • attempt to disable or circumvent any measures that we or our distributors or service providers use to prevent or restrict access to our or their accounts, servers, databases, data, computers, and networks.
    • modify any part of the Services.
    • arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using the Services.
    • Attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which the Services are operated.
    • Create, use or provide any server emulator or other site where any of our game(s) may be played, and to refrain from posting or distributing any utilities, emulators or other software tools related to any game(s) without our express written permission.
    • Post, link to, or transmit any kind of unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
    • Disclose your or any other person's personal information.
    • Interfere with , degrade, harm or disrupt the operation of the Services, or the servers or networks used to make our Services available, or violate any requirements, procedures, policies or regulations of such networks.
    • Restrict or inhibit any other person from using the Services (including, without limitation, by hacking, cracking or defacing any portion of the Services).
    • Reproduce, copy, modify, adapt, create derivative works of, translate, distribute, license, sell, resell, make available, link to or exploit for any commercial purposes, any portion of, use of, or access to the Services, or any portion thereof, including, without limitation, any game assets.
    • Use our game(s) in connection with any commercial activity without our prior written consent.

Intellectual property rights ownership

The Services and all intellectual property rights in it including but not limited to any content are owned by us, our licensors or both (as applicable). 'Intellectual property rights' means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with the Services. This means, for example, that we remain owners of them and free to use them as we see fit. Nothing in the Terms of Service, Privacy Policy or End User License Agreeement(s) grants you any legal rights in the Services other than as necessary to enable you to access them.

Permission to use our games

When you buy our games and download it, you will not own it. Instead we give you permission to use them (also known as a license) for the purpose of you using and enjoying them subject to your acceptance of and continued compliance with all the terms and conditions of the Terms of Service and End User License Agreement. During the period of time that you have an account for any game(s) we grant you a limited, personal, non-tranferable, non-sublicenseable, revocable, non-exclusive right to load the client-side software of our game(s) solely in the formt made available to you by us onto your personal computer, console, or other permitted device; provided that your installation of, access to and play of our game(s) are solely for your personal, non-commercial use and in accordance with each of the restrictions and limitations set forth in the Terms of Service and End User License Agreement. The client-side software may not be reproduced, transferred, distributed, sold, disassembled, reverse engineered, modified, used as a stand-alone game(without connecting to our game servers or authorized game servers). If you fail to comply with any of the terms or conditions set forth in the Terms of Service and/or the End User License Agreement, the Terms of Service and End User License Agreement (including, without limitation, the grant of permission to play our game(s) will automatically terminate, whereupon you will immediately cease using our game(s); and remove (i.e., uninstall and delete) our software from your computer system.

Cheating

All forms and methods of cheating, including hacks, bots, aimbots, and duping are expressly forbidden. We reserve the right to suspend or permanently terminate the account of, and restrict access to the Services by, any end user that engages in any form of cheating, or that attempts in any way to disable, circumvent, or tamper with any anti-hacking or anti-cheating components or features used with the Services.

User generated content

Subject to your acceptance of and continued compliance with all the terms and conditions of the Terms of Service, Privacy Policy and End User License Agreement(s), during the time that you have an account for any games, we grant you a limited, personal, non-transferable, non-sublicenseable, revocable, non-exclusive right to use game assets to create and distribute user generated content as follows:

Videos. If you create videos and share them with others through fan sites and video sharing sites like Twitch and YouTube please make sure to comply with the Terms of Service. Videos that contain our game content may only be used for non-commercial purposes and may not be licensed or sold. Subject to your compliance with the Terms of Service, you may monetize your videos through "partner programs" on sites like Twitch and YouTube.

Fan fiction and Artwork. If you create fan fiction and artwork based or inspired by our game(s) you can only use that for non-commercial purposes. That means you may not sell it or license it.

We reserve all right, title and interest in and to the game assets that are not expressly granted herein. You shall not rent, sell, commercialize, lease, reproduce, modify, distribute, translate or create derivative works of any game asset(s) except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the characters or content contained in our game(s) without our express written permission. We do not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on our game(s) is expressly prohibited.

Hyperlinks and third-party sites

The Services may contain links to third-party websites or services or be referred to from such websites and services which are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge that your use of such websites or services is at your own risk and is subject to their respective terms of service.

Copyright infringement

If you believe that materials in the Services infringe your copyrighted work, please send us a notice to:

Henchman & Goon AS
Dokkeskjærskaien 3, 5006 BERGEN
Norway

contact@henchmangoon.com

Our Websites
We may suspend or terminate operation of the Websites at any time as we see fit.
Content is provided for general infromation purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

Using the Services
The Services are for your personal and non-commercial use only. You need a computer, gaming console or mobile device with internet access to access our Services. You agree that you are solely responsible for all costs and expenses you may incur in relation to the use of the Services. Our game(s) evolve over time. As a result, you may be required to upgrade your computer, gaming console or mobile device in order to continue accessing our game(s).

Disclaimers

TO THE EXTENT PERMITTED BY LAW, THE SERVICE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO OUR SERVICES, INCLUDING ALL STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, THAT ACCESS WILL BE UNINTERRUPTED, CONTINUOUS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE. WE HEREBY DISCLAIM ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO OUR SERVICES.

Limitations of liability

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITES OUR ANY OF OUR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY OR OTHER RIGHTS. IN ANY ACTION OR PROCEEDING AGAINST US ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE OUR WEBSITES OR SERVICES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR OUR SERVICES. YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US WITH RESPECT TO THE USE OF OR INABILITY TO USE ANY SERVICES THREE YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

Indemnities

You agree to indemnify and hold us harmless from and against any and all liability, losses, damages, fees, sanctions, costs, and expenses including, without limitation, attorneys' fees and costs, incurred in connection with or in any way relating to any claim arising out of any breach by you of the Terms of Service and/or End User License Agreement adn/or your use of the Services. You also agree to release and discharge us from any and all existing and future claims you have or may have, known or unknown, relating in any way to your use of or inability to use the Services.

IN NO EVENT SHALL YOU HAVE ANY RIGHT TO RECOVER OR OBTAIN ANY RIGHTS IN OR TO OUR GAME(S), OR TO ENJOIN OR OTHERWISE INTERFERE WITH THE DEVELOPMENT, LICENSING, USE, PUBLISHING, MARKETING, SALE, OPERATION, DISTRIBUTION OR EXPLOITATION OF OUR GAME(S), OR ANY RIGHTS ASSIGNED, TRANSFERRED OR RESERVED TO US UNDER THE TERMS OF SERVICE.

Disputes; Arbitration

We will try to resolve any disputes with you quickly and efficiently through negotiation. If you are unhappy with the Services or any other matter please contact us as soon as possible.

If you and we cannot resolve a dispute using our internal complaint handling procedure we will let you know that we cannot settle the dispute with you. In that event we shall settle our dispute through final and binding arbitration before a neutral arbitrator in Oslo, Norway, in accordance with the Arbitration and Dispute Resolution Institute of the Oslo chamber of Commerce. All arbitration shall be conducted in English.

Governing law; Jurisdiction

The validity, construction interpretation and legal effect of the Terms of Service shall be construed in accordance with and governed by the judicial decisions and internal laws of Oslo, Norway, without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction. The application of the United Nations Convention of Contracts for the International Sale of goods is expressly excluded. Any court proceedings will be held in the relevant courts of Oslo, Norway. You hereby waive any defenses based upon the venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action or suit brought in Oslo, Norway.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and we as a result of the Terms or use of the Services. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, the Terms, together with all agreements and statements referred to herein and incorporated herein by reference, constitute the entire agreement between you and we with respect to the Services. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and we in respect to such subject matter. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other (business) documents and records originally generated and maintained in printed form.

Contact Us

If you have any questions about these Terms, please contact us via email at contact@henchmangoon.com .