User Terms of Service
Last updated: October 31, 2020
These Terms of Service (“Terms of Service”) govern the relationship between (i) you (“you” and “your”) and (ii) Conmeego Inc., a Delaware corporation (“we”, “us”, “our” or “Conmeego”) services for access to games, game play, content, entertainment, and video and voice services (such services, as it may be later expanded or modified, are the “Service”, “Services” or "Conmeego Services"). By signing up for an Account (as defined in Section 1) or by using any Services, you are agreeing to be bound by these Terms of Service. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.conmeego.io/user-terms-of-service. Conmeego reserves the right to update and change the Terms of Service by posting updates and changes to the Conmeego website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and if you do not accept such amendments, you must cease using the Services.
Please read carefully these Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements.
1. ACCOUNT TERMS
To access and use the Services, you must register for an account (“Account”) by providing your full legal name, username, birthdate, a valid email address, and any other information indicated as required. Conmeego may reject your application for an Account, or cancel an existing Account, for any or no reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account. You acknowledge that Conmeego will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. Conmeego cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You hereby agree to Conmeego’s AUP. You are responsible for all activity, behavior, and content such as photos, images, videos, graphics, written content, audio files, code, trademarks, logos, in-game items, artworks and other objects of intellectual property (either registered or unregistered), information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Conmeego may result in an immediate termination of your Account.
2. GENERAL CONDITIONS
The Terms of Service shall be governed by and interpreted in accordance with the laws of the state of Delaware, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You may not use the Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the state of Delaware. You will comply with all applicable laws, rules and regulations in your use of the Services and your performance of obligations under the Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Conmeego. You also shall not (i) create Internet "links" to the Service; (ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the underlying technology of the Service, or otherwise access the Service in order to (a) build a competitive product or service, (b) build a product or services using similar ideas, features, functions or graphics of the Service or underlying technology, or (c) copy any ideas, features, functions or graphics of the Service or underlying technology; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) use the Service to store or transmit malicious code; (v) attempt to gain unauthorized access to the Service or its related systems or networks; (vi) access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (vii) otherwise use the Service in any manner not authorized by these Terms of Service. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Conmeego trademark or other Conmeego trademarks and/or variations and misspellings thereof.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflict between this English version of the Terms of Service and Conmeego’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.conmeego.gg/user-terms-of-service will prevail.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Conmeego shall be permitted to assign these Terms of Service without notice to you or consent from you.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service. The provisions of these Terms of Service that by their nature and meaning must survive the termination or expiration of these Terms of Services, including without limitation applicable provisions will survive the termination or expiration of these Terms of Service.
3. CONMEEGO RIGHTS
Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction. We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion if your behavior in the Services violates our AUP or these Terms of Service. Verbal, visual written abuse of any kind (including threats of abuse or retribution) of any Conmeego customer, Conmeego employee, member, or officer will result in immediate Account termination.
Conmeego does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Services.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your government issued photo ID or the last four digits of the credit card on file.
Conmeego retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful owner, without prejudice to our other rights and remedies, Conmeego reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
4. ELECTRONIC COMMUNICATIONS
When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property Conmeego or its partners and protected by United States and international copyright laws. The compilation of all content included in or made available through any of the Services is the exclusive property of Conmeego and protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Services are trademarks or trade dress of Conmeego in the U.S. and other countries. Conmeego's trademarks and trade dress may not be used in connection with any product or service that is not Conmeego's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Conmeego. All other trademarks not owned by Conmeego that appear in any Conmeego Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Conmeego.
One or more patents owned by Conmeego apply to the Services and to the features and services accessible via the Services. Portions of the Services operate under license of one or more patents.
8. LICENSE AND ACCESS
Subject to your compliance with these User Terms of Service, Conmeego or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any of the Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of the Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these User Terms of Service are reserved and retained by Conmeego or its licensors, suppliers, publishers, rightsholders, or other content providers. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, iframed, visited, or otherwise exploited for any commercial purpose without express written consent of Conmeego. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Conmeego without express written consent. You may not use any meta tags or any other "hidden text" utilizing Conmeego's name or trademarks without the express written consent of Conmeego. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Conmeego terminate if you do not comply with these User Terms of Service.
9. YOUR ACCOUNT
You may need your own Conmeego account to use certain Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Conmeego does provide services for children, but it provides them to adults, who can access them through tradiotnal online methods. If you are under 18, you may use the Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their household. Conmeego reserves the right to refuse service, terminate accounts, terminate your rights to use Services, or remove or edit content in its sole discretion.
10. SANCTIONS AND EXPORT POLICY
You may not use any of the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including the Services), technology, and services.
You should carefully review their privacy statements and other conditions of use.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY CONMEEGO ON AN "AS IS" AND "AS AVAILABLE"BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CONMEEGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, CONMEEGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONMEEGO DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, CONMEEGO'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CONMEEGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CONMEEGO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
12. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Conmeego Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
13. BETA SERVICES
From time to time, Conmeego may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all users of the Service (“Beta Services”). Beta Services will be subject to these Terms of Service. Beta Services may be subject to additional terms and conditions, which Conmeego will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Conmeego Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Conmeego’s prior written consent. Conmeego makes no representations or warranties that the Beta Services will function. Conmeego may discontinue the Beta Services at any time in its sole discretion. Conmeego will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Conmeego may change or not release a final or commercial version of a Beta Service in our sole discretion.
Conmeego welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services (collectively, “Feedback") to Conmeego be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Conmeego, you waive any and all rights in the Feedback and you agree that Conmeego is free to implement and use the Feedback, if desired, as provided by you or as modified by Conmeego, without obtaining permission or license from you or from any third party and without compensation to you. Any Feedback that you submit to Conmeego must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
14. DMCA NOTICE AND TAKEDOWN PROCEDURE
Conmeego supports the protection of intellectual property and asks partners and users to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our partners is infringing their intellectual property rights, including, but not limited to, copyright, trademark, and patent claims, they can send a DMCA Notice to Conmeego’s designated agent using firstname.lastname@example.org. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the partner can reply with a counter notification if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the partner from engaging in the infringing activity, otherwise we restore the material.
Claims concerning copyright infringement must include the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
15. RIGHTS OF THIRD PARTIES
Save for Conmeego and its affiliates, users or anyone accessing the Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not aﬀect the rights of any permitted assignee or transferee of these Terms of Service.
16. PRIVACY & DATA PROTECTION
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Conmeego’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.