Terms and Conditions
Last updated: November 22, 2024
These Terms and Conditions establish the legal framework governing your relationship with Ouroboros Ink and your use of our website and services. By accessing our website or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
These terms are legally binding and constitute an agreement between you and Ouroboros Ink. If you do not agree with any part of these terms, you must not use our website or services. Please read carefully before proceeding.
User Obligations and Responsibilities
Legal Compliance and Conduct
As a user of our website and services, you agree to the following obligations:
1. Lawful Use
You must comply with all applicable federal, state, local, and international laws, regulations, and ordinances when using our services. This includes but is not limited to laws regarding data protection, intellectual property, consumer protection, and online conduct.
2. Accurate Information
You must provide truthful, accurate, current, and complete information when communicating with us or using our services. False or misleading information may result in termination of service and potential legal consequences.
3. Professional Communication
All communications with Ouroboros Ink staff must be professional, respectful, and conducted in good faith. Harassment, threats, abuse, or discriminatory behavior will not be tolerated and may result in immediate termination of services and legal action if warranted.
4. Security Responsibility
You are responsible for maintaining the confidentiality of any login credentials, project materials, or sensitive information shared during our engagement. Notify us immediately if you suspect any unauthorized access or security breach.
Prohibited Activities and Behaviors
You expressly agree not to engage in any of the following prohibited activities:
- • Attempting to gain unauthorized access to our systems, networks, or data
- • Using our services for any illegal purpose or to facilitate illegal activity
- • Transmitting viruses, malware, or other harmful code through our website
- • Interfering with or disrupting our services or servers
- • Collecting or harvesting information about other users without consent
- • Misrepresenting your identity or affiliation with any person or entity
- • Using automated systems to access our website without permission
- • Reproducing, duplicating, or exploiting our intellectual property without authorization
- • Engaging in any activity that could harm our reputation or business interests
Content Guidelines and Restrictions
When providing materials or content to us for project work, you must ensure that:
- • You own or have proper licenses for all content provided
- • Content does not infringe on third-party intellectual property rights
- • Content complies with applicable laws and does not contain illegal material
- • Content does not contain defamatory, obscene, or offensive material
- • Content is appropriate for professional business context
Privacy and Data Protection Compliance
You acknowledge and agree to comply with all applicable data protection and privacy laws when using our services. If you provide us with personal data of third parties as part of project work, you warrant that you have obtained all necessary consents and have the legal right to share such data. You agree to indemnify us against any claims arising from your failure to obtain proper consents or comply with privacy regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Ouroboros Ink, its affiliates, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from: your violation of these Terms and Conditions, your violation of any law or regulation, your violation of third-party rights including intellectual property rights, any content or materials you provide to us, or your use or misuse of our services. This indemnification obligation survives termination of these terms.
Liability and Warranties
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
We expressly disclaim all warranties, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, quality, availability, and freedom from errors. We do not warrant that our services will meet your requirements, achieve specific results, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
No Guarantee of Results
We cannot and do not guarantee specific outcomes from our game development services. Game performance, player engagement, retention rates, revenue generation, and commercial success depend on numerous factors beyond our control, including market conditions, competition, marketing efforts, distribution channels, game quality, and player preferences. Any projections, estimates, or examples of past performance are provided for illustrative purposes only and do not constitute promises or guarantees of future results.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUROBOROS INK, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Maximum Liability Cap
Our total aggregate liability for any and all claims arising from or related to these Terms and Conditions or our services, whether in contract, tort, or otherwise, shall not exceed the total amount you paid us for services in the six months immediately preceding the event giving rise to the liability. If you have not paid us any fees, our maximum liability shall be limited to $100 USD.
Consequential Damages Exclusion
We shall not be liable for any business losses including loss of revenue, profits, contracts, anticipated savings, data, goodwill, or wasted expenditure, or for any other indirect or consequential loss that was not foreseeable to both parties when you began using our services. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
Force Majeure
Neither party shall be liable for any failure or delay in performing obligations under these Terms and Conditions to the extent that such failure or delay is caused by circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Legal Framework and Dispute Resolution
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, specifically the legislation of the State of São Paulo, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.
Jurisdiction and Venue
Any legal action, suit, or proceeding arising out of or relating to these Terms and Conditions or our services must be instituted exclusively in the courts located in São Paulo, State of São Paulo, Brazil. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
Dispute Resolution Procedures
Before initiating any formal legal proceedings, the parties agree to attempt to resolve disputes through the following process:
Step 1 - Direct Negotiation: Contact us in writing describing the dispute. We'll work in good faith to resolve the issue through direct communication within 30 days.
Step 2 - Mediation: If direct negotiation fails, parties agree to participate in mediation with a mutually agreed upon mediator before pursuing litigation.
Step 3 - Litigation: Only after exhausting Steps 1 and 2 may either party commence litigation in the agreed-upon jurisdiction.
Class Action Waiver
To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Ouroboros Ink. If this waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.
Severability
If any provision of these Terms and Conditions is held to be unlawful, void, invalid, or unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the validity and enforceability of the remaining provisions shall not be affected. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any specific project agreements executed between you and Ouroboros Ink, constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. No amendment, modification, or waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by authorized representatives of both parties.
Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign our rights and obligations under these Terms and Conditions without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Survival
All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.
Waiver
No waiver by Ouroboros Ink of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. All waivers must be in writing and signed by an authorized representative of Ouroboros Ink.
Age Requirements and Capacity
By using our services, you represent and warrant that:
- • You are at least 18 years of age or have reached the age of majority in your jurisdiction
- • You have the legal capacity and authority to enter into binding contracts
- • If representing a company or organization, you have the authority to bind that entity to these terms
- • You are not prohibited by law from accessing or using our services
If you do not meet these requirements, you must not access or use our website or services.
Terms Modification Policy
We reserve the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. When we make changes, we will:
- • Update the "Last Updated" date at the top of this page
- • Post a notice on our website homepage for material changes
- • Notify existing clients via email for significant changes affecting ongoing projects
Your continued use of our website or services after changes are posted constitutes your acceptance of the modified Terms and Conditions. If you do not agree with the modifications, you must discontinue use of our services immediately.
We encourage you to review these Terms and Conditions periodically to stay informed of any updates or changes.
Questions or Legal Inquiries?
If you have questions about these Terms and Conditions or need clarification on any provisions, please contact us. For legal matters requiring formal communication, please use certified mail or email with delivery confirmation.
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