EULA, Terms of Use.

Last Updated: August 15th, 2024

Welcome to Clique Games! These Terms of Use, End User License Agreement (EULA), and Terms of Service/Conditions (collectively, the “Terms”) govern your use of our website, games, and any related services provided by Clique Games LLC (“Clique Games,” “we,” “us,” or “our”).

By accessing or using our website and/or games, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or games.

Definitions

  • “Games” refer to the virtual reality (VR) and extended reality (XR) games published or distributed by Clique Games.

  • “Website” refers to all websites operated by Clique Games, including [Your Website URL].

  • “User” refers to any individual who accesses or uses our Website and/or Games.

Section A: End User License Agreement (EULA) and Terms of Use for Games

1. License to Use

This End User License Agreement (EULA) grants you a limited, non-exclusive, non-transferable, revocable license to use and play our Games for personal, non-commercial purposes. This license is subject to your compliance with these Terms and any additional terms provided within the Games. Below is a more detailed explanation of what this license entails:

The license we provide is limited to specific uses. You are allowed to download, install, and play the Games on compatible devices that you own or control. However, this license does not grant you ownership of the Games or any related content. Your use of the Games is restricted to what is expressly allowed by Clique Games under this EULA.

The license is non-exclusive, meaning Clique Games retains the right to grant similar licenses to other users. You are not the sole holder of this license, and many other users can access and play the Games under similar terms.

The license is personal to you, and you may not transfer, sell, lease, or sublicense it to anyone else. This means you cannot give your copy of the Games to a friend or family member and allow them to play under your license. Each person must obtain their own license to use and play the Games.

Clique Games reserves the right to revoke your license at any time, with or without cause. This revocation may occur if you violate any of the Terms outlined in this EULA or engage in any activities that Clique Games deems harmful or inappropriate, including cheating, hacking, or other forms of misconduct.

The license allows you to use the Games for your personal entertainment and enjoyment. This includes playing the Games on your personal devices, creating in-game content (if applicable), and sharing your gameplay experiences with others in a non-commercial manner.

You are strictly prohibited from using the Games for any commercial purposes without prior written permission from Clique Games. This includes, but is not limited to, using the Games in a commercial setting (such as in a VR arcade) or selling in-game content or accounts.

You may not modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Games, except where such activities are expressly permitted by applicable law. You may not copy or reproduce the Games, except for the purpose of installing them on your own devices as permitted under this EULA. Any unauthorized copying of the Games, in whole or in part, is strictly prohibited. You may not distribute, share, rent, lease, or lend the Games to others, whether by physical or digital means. This includes sharing access credentials or making the Games available on a file-sharing network or other platform. You may not use the Games in any manner that could harm, disrupt, or overburden the Games or the servers and networks associated with the Games. This includes, but is not limited to, participating in any activities that interfere with the gameplay experience of others, such as cheating, hacking, or exploiting in-game mechanics.

If you violate any of the Terms outlined in this EULA, Clique Games reserves the right to terminate your license immediately. Upon termination, you must cease all use of the Games and remove all copies from your devices.

Termination of the license does not entitle you to any refunds, credits, or compensation for any purchases or in-game content, whether used or unused.

2. Game Purchases and Payments

All purchases made within our Games, including but not limited to the purchase of the Games themselves, in-game content, virtual currency, and other digital items, are final and non-refundable, except as required by applicable law. Once a transaction is completed, you do not have the right to cancel or obtain a refund for any reason, including but not limited to dissatisfaction with the content, accidental purchases, or issues related to gameplay.

By making a purchase within our Games, you represent and warrant that you are authorized to use the payment method provided and that you have sufficient funds or credit available to complete the transaction. You agree to pay all fees and applicable taxes incurred by you or anyone using your account, regardless of whether the purchase was authorized by you. If a transaction is declined or reversed, Clique Games reserves the right to immediately revoke your access to the purchased content and may take further action to recover any unpaid amounts.

Prices for Games and in-game content are subject to change at any time without notice. We reserve the right to modify, discontinue, or limit the availability of any content, virtual currency, or items at our sole discretion. You agree that Clique Games is not liable for any price changes, modifications, or unavailability of any content or items, and that no refunds or credits will be provided in such cases.

Our Games may include virtual currency (such as coins, tokens, or rubies) that can be purchased with real money and used to acquire in-game content. Virtual currency is not redeemable for real money, has no monetary value, and cannot be transferred, sold, or exchanged outside of the Game. All purchases of virtual currency are final and non-refundable, and Clique Games reserves the right to modify, manage, or eliminate virtual currency at its sole discretion, with or without notice.

All transactions, including the purchase of Games, in-game content, and virtual currency, are processed through third-party payment platforms, such as Meta’s Quest Store, Sony’s PlayStation/PlayStation VR, Steam (Valve), or other service providers. Clique Games is not responsible for any issues or disputes arising from transactions processed by these third-party platforms, including but not limited to payment failures, chargebacks, or unauthorized transactions. Any disputes or issues related to payments should be directed to the respective payment platform or service provider from which the purchase was made.

From time to time, Clique Games may offer promotions, discounts, or special offers for in-game content or virtual currency. Such promotions are subject to specific terms and conditions, including expiration dates, and may be withdrawn or modified at any time without notice. Promotions and discounts cannot be applied retroactively to previous purchases and may not be combined with other offers unless explicitly stated.

If you allow a minor to access your account or play our Games, you are responsible for any purchases made by the minor within the Games. Clique Games is not liable for unauthorized transactions made by minors, and all purchases are final and non-refundable. We encourage parents and guardians to monitor and control their children's access to in-game purchases.

3. In-Game Conduct

You agree not to engage in any behavior that is disruptive, harmful, or abusive while using our Games. This includes but is not limited to harassment, cheating, hacking, or exploiting game mechanics in a way that unfairly advantages your gameplay or negatively impacts others' experiences.

4. Intellectual Property

All content within our Games, including but not limited to characters, graphics, logos, trademarks, soundtracks, scripts, artwork, animations, user interfaces, and any other visual, textual, or auditory elements, is the exclusive property of Clique Games or its licensors. This includes both the original content created by Clique Games and any licensed third-party content used within the Games. Your use of our Games does not grant you any ownership rights to this content.

All trademarks, service marks, logos, and trade names displayed within our Games are the property of Clique Games or its licensors. These marks are protected by trademark laws and may not be used, copied, or imitated, in whole or in part, without the prior written consent of Clique Games. This includes, but is not limited to, the use of our trademarks in domain names, social media accounts, or any other online or offline medium.

Clique Games reserves the right to enforce its intellectual property rights to the fullest extent of the law. This may include pursuing legal action against individuals or entities that infringe upon our rights, issuing takedown notices, or seeking damages for unauthorized use of our content. We also reserve the right to terminate or suspend access to our Games for users who violate these intellectual property provisions.

If you believe that any content within our Games infringes on your intellectual property rights or the rights of a third party, please contact us immediately at [Your Email Address] with detailed information about the alleged infringement. Clique Games will investigate the claim and take appropriate action, which may include removing the infringing content or disabling access to the Games for the offending user.

5. Updates and Modifications

Clique Games may, at its sole discretion, provide updates, patches, or modifications to our Games that may be required for continued use. We reserve the right to modify or discontinue any Game or service without notice. These updates may be automatically applied without notice and are subject to the terms of this EULA.

6. Termination

We reserve the right to terminate your access to our Games if you violate these Terms or any applicable EULA. Upon termination, your license to use our Games will immediately cease.

7. User-Generated Content in Games

If our Games allow for user-generated content (e.g., custom maps, characters, etc.), you grant Clique Games a worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, and distribute such content in connection with the operation, promotion, and improvement of the Games and related services. This license continues even if you stop using our services.

While we provide the platform and tools for creating user-generated content, Clique Games does not endorse, control, or monitor the content created by users. As such, we are not responsible for the nature, quality, or legality of user-generated content. Users are solely responsible for the content they create, and any risks associated with its use or distribution rest with the content creator.

You agree not to create, upload, or distribute any content that is illegal, harmful, threatening, abusive, defamatory, obscene, vulgar, hateful, or otherwise objectionable, including but not limited to content that promotes violence, discrimination, or harassment based on race, ethnicity, nationality, gender, disability, religion, sexual orientation, or age. Content that infringes upon the rights of others, including intellectual property rights, is also strictly prohibited.

Clique Games reserves the right to review, monitor, and remove any user-generated content at our sole discretion, without prior notice, if we believe it violates these terms or any applicable law. Additionally, we may take any other action we deem necessary, including suspending or terminating accounts of users who repeatedly violate these content standards.

If you encounter any user-generated content in our Games that you believe violates these terms, please report it to us immediately. We will investigate and take appropriate action, but we do not guarantee that any specific content will be removed.

By creating or interacting with user-generated content, you acknowledge and accept that Clique Games is not responsible for any offensive or harmful content that may be created by other users. You interact with such content at your own risk, and Clique Games disclaims all liability arising from user-generated content, including any loss or damage resulting from your reliance on such content.

8. Age Restrictions

Our Games may have age restrictions. By using the Games, you represent that you meet the minimum age requirement specified in the Game's rating or Platform’s rating or are accessing the Game under the supervision of a legal guardian who agrees to be bound by these Terms.

9. Warranty Disclaimer

Our Games are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Clique Games does not warrant that the Games will meet your requirements, that the operation of the Games will be uninterrupted or error-free, or that any defects in the Games will be corrected.

All in-app purchases are final, and Clique Games makes no warranties regarding the functionality, accuracy, or reliability of third-party payment platforms used to facilitate these purchases. Any issues or errors related to transactions processed by these platforms are beyond the control of Clique Games, and we bear no responsibility for resolving such issues. Users should review the terms and conditions of the respective payment platforms before making any purchases.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Clique Games shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of our Games, including but not limited to damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, even if Clique Games has been advised of the possibility of such damages.

All purchases made for or within our Games are final and non-refundable. Once a purchase is completed, you do not have the right to cancel or receive a refund, except as required by law. Clique Games is not liable for any issues or disputes arising from transactions made through third-party payment platforms or any other service provider. Any disputes or issues related to payments, charges, or refunds should be directed to the respective payment platform or service provider from which the purchase was made.

11. Health and Safety

Our Games are virtual/mixed/augmented reality experiences. When playing the Games, you may not be able to see, hear, or feel your physical surroundings when wearing a virtual/mixed/augmented reality headset. It is your responsibility to follow health and safety guidelines of the platforms/headset manufacturers when playing the Games to ensure that you don’t injure yourself, any other persons, or damage property. Playing the Games is at your own risk.

12. Creation of Accounts

To access and enjoy our games, you may be required to create and/or register an account on a trusted third-party platform. When creating your account, you must provide accurate, current, and complete information. You bear sole responsibility for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

Clique Games reserves the right to suspend or terminate access to your account or any related services if we suspect unauthorized use, breaches of these terms, fraudulent activity, or anything against the Terms of our Platforms or Partners.

Section B: General Provision

1. Changes to Terms

Clique Games reserves the right to change or update these Terms at any time without notice. Any changes will be effective immediately upon posting the revised Terms on our Website. Your continued use of our Website or Games after such changes constitutes your acceptance of the new Terms.

2. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Clique Games LLC
7304 Bluffton Rd., Fort Wayne, Indiana, USA, 46809
Email: legal@clique.games

3. Entire Agreement

These Terms, together with our Privacy Policy and any applicable EULA, constitute the entire agreement between you and Clique Games regarding your use of our Website and Games.

4. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

By using our Website and/or Games, you acknowledge that you have read, understood, and agree to be bound by these Terms.