TERMS OF USE

Last Updated 2/28/17

I provide games, which I make available via My website(s), third party websites and as applications for mobile devices (the "Applications"). Please read carefully the following terms and conditions ("Terms") and Mobile Application Privacy Policy, which may be found at www.jasoncecrle.com/Privacy These Terms govern your access to and use of My Content (defined below), and constitute a binding legal agreement between you and Me.

KEY CONTENT-RELATED TERMS
"I, Me, My, and Mine" means Jason Cecrle
"My Content" means content created by Jason Cecrle.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING MY CONTENT, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE MY CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

MODIFICATION
I reserve the right, at my sole discretion, to modify these Terms, at any time and without prior notice. If I modify these Terms, I will post the modification on my website, or provide you with notice of the modification. I will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use My Content after I have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using My Content.

OWNERSHIP
My Content (including, but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation) is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that My Content, including all associated intellectual property rights, are the exclusive property of Me. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying My Content.

LICENSES GRANTED BY ME TO MY CONTENT
Subject to your compliance with the terms and conditions of these Terms, I grant you a limited, non-exclusive, non-transferable license to access and use any of My Content solely for your personal entertainment and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit My Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Me, except for the licenses and rights expressly granted in these Terms.

APPLICATIONS LICENSE
Subject to your compliance with these Terms, I grant you a limited non-exclusive, non-transferable license to download and install a copy of each Application on a single mobile device or computer that you own or control and to run such copy of each Application solely for your own personal use. Furthermore, with respect to any Applications accessed through or downloaded from the Apple App Store ("App Store Sourced Applications"), you will use the App Store Sourced Applications only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. I reserve all rights in and to the Applications not expressly granted to you under these Terms.

DISCLAIMERS
MY CONTENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, I EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. I MAKE NO WARRANTY THAT MY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. I MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THEM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ME OR THROUGH MY CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES MAY ONLY BE PLAYED ONLINE, OR VIA MOBILE DEVICE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ADEQUATE INTERNET CONNECTIONS AND MOBILE DEVICE PLANS AND PAYING FOR ANY RELATED CHARGES FOR USE OF THE SERVICES.

INDEMNITY
You agree to defend, indemnify, and hold Me harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of My Content, or your violation of these Terms.

LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF MY CONTENT REMAINS WITH YOU. NEITHER I NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING MY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE MY CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF MY CONTENT OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF MY CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT I HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MY AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE MY CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ME FOR USE OF MY CONTENT IN THE THREE (3) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO ME, OR TWENTY-FIVE DOLLARS ($25), IF YOU HAVE NOT MADE ANY PAYMENTS TO ME, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ME AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Mine used herein are trademarks or registered trademarks of Jason Cecrle. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

EXPORT CONTROL
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Applications nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Applications, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between Me and you regarding My Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Me and you regarding My Content.

ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without My prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. I may assign or transfer these Terms, at My sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Me via email (in each case to the address that you provide, as applicable). The date of receipt will be deemed the date on which such notice is transmitted.

GENERAL
The failure of Me to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by Me. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.