Please read carefully the terms and conditions of this end user licence agreement (EULA) before downloading, installing or using the software application known as Connect – Call of Duty, Connect COD, Connect (App) provided by Elixis Pty Ltd (the Company). This is a legal agreement between the Company and you.
What the App Is and What it Does
The App is a social network for Call of Duty players. It facilitates users to connect with each other principally by creating and displaying their own profile in a directory of players, viewing and searching the profiles of other users in the directory, interacting with other users via an in-app chat feature and allowing users to organise virtual events (specifically, Call of Duty multiplayer games) with other users.
What the App Does Not Do
The App expressly does not facilitate real-life meetings between users, does not programmatically match players, does not programmatically create game sessions in the Call of Duty game itself and does not facilitate the sharing of personal information beyond the profile fields available in the app.
The Company is not and does not claim to be in any legal relationship with the game Call of Duty, its creators, associated entities, developers and the like. The Company is a standalone company and independent entity, and nothing in this EULA does or attempts to represent any partnership, agency, or legal relationship of any nature between Call of Duty, its creators, associated entities, developers and the like.
Agreement to Terms
You have read and agree that the terms of this EULA and the documents listed below, which are incorporated herein by reference (Terms), govern your access to and use of the App, the Company’s Privacy Policy, and any other document that may be referred to within all those documents listed above.
IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.
Subscription
The App is available for free download. Certain features of the App may, at the discretion of the Company, be made available for a paid, automatically renewing, subscription fee, the details of which will be outlined on the website of the Company. Subscription fees may be subject to change at the discretion of the Company with reasonable notice provided to users in email or digital notification form. You may cancel your subscription at any time. Refunds of the whole or part of any subscription fee are at the sole discretion of the Company.
You acknowledge and agree that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
Consent to Provision of Information
By downloading, installing or using the App you acknowledge, agree and consent to the collection, use, sharing and transfer of:
- Personally identifiable information that you enter into your public player profile in the App.
- Account information, such as your name, email address and phone number, used to log in and authenticate your account, handle support enquiries, and in our mailing list.
- Device information including IP address, operating system and hardware details, in order to identify and fix bugs in the App.
- Product usage and profile data to help inform feature development decisions.
Further, you acknowledge, agree and consent to the transfer and processing of your information outside your home country, as outlined in our Privacy Policy.
Rules of Use
- You must be at least 16 years of age.
- You must not send to any other users of the App any messages that are unwanted, automated or bulk, promotional, threatening, intimidating, hateful, racially or ethnically offensive, impersonating, or illegal.
- You must not harvest personal information of other users in a manner consistent with data scraping.
- You must not upload copyrighted material to the App.
- You must not use the App for any ulterior purpose that is inconsistent with the Terms of this EULA and the express purpose of the App.
Enforcement of Rules
- Users can block other users for any reason whatsoever at their own discretion.
- Users can report bad behaviour to the Company administrators (Admin) for investigation.
- Admin can at its sole discretion:
- Suspend a user temporarily
- Delete a user account permanently
- Delete user content prohibited by this EULA
- Block an IP address
- Take any other step it considers necessary or desirable to uphold the Terms of this EULA.
Modification of the EULA
The Company reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If the Company materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the App for the first time after such material changes are made. By continuing to use the App after the Company has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the App. This Agreement will also govern any software upgrades and/or updates provided by the Company that upgrade and/or supplement the App, unless such upgrades and/or updates are accompanied by a separate licence, in which case the terms of that separate licence will apply.
Limited Licence
Conditioned upon your compliance with the terms and conditions of this EULA, the Company hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable licence to install and use the executable form of the App solely for your personal use on a device (whether mobile device or other) owned or controlled by you. the Company reserves all rights in the App not expressly granted to you in this EULA.
Phone Settings and Uninstall Procedures
As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, allowing software updates, and showing notifications from the App. To uninstall the App, you may use the standard uninstall procedures offered by your device’s operating system.
Use Restrictions
You may not use the App in any manner that could: (i) damage, disable, overburden, or impair the App (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the App (or any server or networks connected to the App).
Except as expressly specified in this EULA, you may not: (a) copy or modify the App; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; or (c) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA.
You acknowledge and agree that portions of the App, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of the Company and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the App provided in object code or any other the Company products or services, in whole or in part, or permit or authorise a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Reservation of Rights
The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the App (the “the Company Materials”), are protected by copyright laws of various jurisdictions, and all other relevant intellectual property and proprietary rights, and applicable laws. All the Company Materials, including intellectual property rights therein and thereto, are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. the Company reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest to the Company Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.
Term and Termination
This EULA will remain in effect until terminated. The EULA, and your rights and licences hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the App.
The Company may terminate support of the App and/or this EULA, or limit or terminate your access to the App at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE.
LIABILITY WAIVER. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY INFORMATION AVAILABLE THEREON, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED FIVE DOLLARS ($5).
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold the Company and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable legal fees) arising from or incurred as a result of your use of the App or any breach by you of this EULA.
Miscellaneous
This EULA and all the policies referenced herein constitute the entire agreement between the Company and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorised executive of the Company.
The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
This EULA shall be governed by and interpreted under the laws of the State of Western Australia and where applicable Australia regardless of your country of origin or where you access the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect.
You may not assign your rights under this EULA to any party without the Company’s consent.