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TERMS OF SERVICE
By accessing and/or using the Website, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.
4. Purchases & Payments
If you purchase a Product through the Website, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Website, and acknowledge and agree that Stoga has the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.
Your order is an offer to Stoga to buy the product(s) in your order. When you place an order to purchase a product from Stoga, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation Email”). The Order Confirmation Email is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we’ve dispatched the product to you.
If you are not fully satisfied with the Products purchased by you on the Website, you may return the Product, in its original packaging, to Stoga for a refund within thirty (30) days of the date of your purchase. You can request and arrange for such a refund by contacting us via the Website by filling out the form at https://stogagame.com/contact-us. After the 30-day refund window has expired, your only recourse regarding the Products is through our warranty.
At Stoga’s sole discretion, you may be permitted to purchase certain Products by using the payment processing services of PayPal.com (“PayPal”). You understand and agree Paypal are Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.
5. License to Use Website
Subject to your compliance with this Agreement, Stoga grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website for your personal use.
This license does not include, and you must not:
- Republish material from the Website (including republication on another website), sell, rent or sub-license material from the website
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose
- Edit or otherwise modify any material on the website
- Redistribute material from the Website except for content specifically and expressly made available for redistribution
Unless otherwise stated, Stoga and/or its licensors own the intellectual property rights in the website and material on the Website, and all rights not expressly granted in this Agreement are reserved by Stoga.
6. Assumption of Risk; Release
You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Stoga and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities, including Stoga Technologies Limited (collectively, the “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website.
7. User account, Accuracy & Security
You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify Stoga immediately of any unauthorized use of your Account. Stoga shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Stoga, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.
8. Prohibited Conduct
Stoga imposes certain restrictions on your use of the Website. Any violation of this Section 8 may subject you to civil and/or criminal liability.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Stoga’s express written consent.
You must not engage in any of the following conduct on the Website, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to Stoga or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another’s) business, or causing others to do so; or (h) paying anyone for interactions on the Website.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without Stoga’s express written consent.
9. User Content
You grant to Stoga a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Stoga the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that Stoga shall not bring an action for infringement of any Product reviews posted by you without your express further permission.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Stoga or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Stoga reserves the right to edit or remove any material submitted to the Website, or stored on Stoga’s servers, or hosted or published upon the Website.
10. No Warranties; Limitation of Liability
Stoga, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Stoga nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. Stoga disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Stoga shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Stoga, Company Parties, or Stoga users, or their agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Website is at your sole risk. You will not hold Stoga or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall Stoga or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Websites, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Stoga or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Stoga and you. The Website would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Stoga or between you and any of Stoga’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Stoga’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
11. Consent to Receive Electronic Communications from Stoga
12. Intellectual Property
You represent and warrant that, when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
Stoga and the Stoga logo (collectively, the “Stoga Marks”) are trademarks or registered trademarks of Stoga Technologies Limited, and used by Stoga with permission. Other trademarks, Website marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Stoga Marks or any third-party trademarks, Website marks, graphics, logos, or domain names. You agree that any goodwill in the Stoga Marks generated as a result of your use of the Website will inure to the benefit of Stoga Technologies Limited, and you agree to assign, and do assign, all such goodwill to Stoga Technologies Limited. You shall not at any time, nor shall you assist others to, challenge Stoga Technologies Limited’s right, title, or interest in, or the validity of, the Stoga Marks.
All content and other materials available through the Website, including without limitation the Stoga logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Stoga Technologies Limited or are the property of Stoga’s licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.
By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
14. Other Parties
The Website may be linked with the websites of third parties (“Third Party Websites”), some of whom may have established relationships with Stoga and some of whom may not. Stoga does not have control over the content and performance of Third Party Websites. Stoga has not reviewed, and cannot review or control, all of the material, including computer software or other goods or Websites, made available on Third Party Websites. Accordingly, Stoga does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or Websites available through Third Party Websites. Stoga disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
You accept that, as a limited liability entity, Stoga has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Stoga’s officers or employees, or against any Company Parties, in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect Stoga’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Stoga and the Company Parties.
15. Unenforceable Provisions
If any provision of the Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website disclaimer.
Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless Stoga and the Company Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Stoga, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Stoga, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website or Products; (iv) your provision to Stoga or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 8 regarding prohibited uses of the Website and other prohibited conduct; or (vii) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
Without limiting any other provision of this Agreement, Stoga reserves the right to, in Stoga’s sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Stoga.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, Stoga may, but has no obligation to, in Stoga’s sole discretion, rescind any Websites and/or delete from Stoga’s systems all your Personal Information and any other files or information that you made available to Stoga or that otherwise relate to your use of the Website. Upon termination, you shall cease any use of the Website.
After termination, Stoga reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your Internet Website Provider.
Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 6–27.
18. Dispute Resolution
If you, on the one hand, and Stoga and Company Parties (collectively, “Arbitration Parties”), on the other hand, cannot resolve a dispute or other Claim through negotiations, any party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The dispute arose (an “International Dispute”), the arbitration shall be commenced and administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one for disputes of claimed value less than $1,000 (USD) and three for all other disputes. The arbitration proceedings shall be conducted in the claimant’s choice of English or Chinese, which election shall be made at the time of filing the Notice of Arbitration.
Restrictions Against Joinder of Claims
You and the Arbitration Parties agree that any arbitration shall be limited to each Claim individually. Parties to arbitration under this agreement may only bring claims against the other in your or an Arbitration Party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or the Arbitration Parties from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or the Arbitration Parties from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
For All Disputes, this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Hong Kong, and shall be governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of law principles. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Hong Kong. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial Service of process.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
All notices required or permitted to be given under this Agreement must be in writing. Stoga shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Stoga . You agree that any notice received from Stoga electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Stoga is accurate and current, and notice to you shall be deemed effective upon the sending by Stoga of an email to that address. You shall give any notice to Stoga by submitting said notice to us at firstname.lastname@example.org.
22. No Waiver
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
23. Independent Contractors
You and Stoga are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
24. No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Stoga’s licensors and suppliers (to the extent expressly stated in this Agreement).
25. Entire Agreement
Last Modified: 01/08/21
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