Rules, Terms, and Conditions
Beta Tester and Non-Disclosure Agreement
This Agreement shall be effective as of the date that you create an account and shall continue for a period of two (2) years. However, Horgons may, in its sole discretion, terminate or waive all or part of the non-disclosure provisions at any time during the Term. Any such termination or waiver is only effective if it is in writing, shall be construed narrowly, and does not terminate or waive any other provisions or terms.
TESTING AND REPORTING.
You agree to spend at least 5 hours testing the game, which may be spread over a period of up to 30 days. You agree that, if requested by Horgons, you will test the features / activities specified by Horgons. You agree to report to Horgons any flaws you discover in the game, the website, or any other part of Horgons. You agree to fully and truthfully answer at least one survey regarding your experience with the game and/or your opinions about it. You understand that prompt and accurate reports are of great value to Horgons and you promise to use your best efforts to provide such reports promptly and regularly.
PRIZES AND REWARDS.
All beta testers are eligible to win prizes offered through our contests. All prizes will be delivered digitally. Beta testers are also eligible to receive rewards for reporting bugs, security problems, and other feedback.
NON-DISCLOSURE OF CONFIDENTIAL INFORMATION.
You acknowledge that by beta testing the game, you will receive confidential trade secret information. This includes characteristics, performance, images, screenshots, and any documentation. All such information is Confidential Information and constitute trade secrets of Horgons. You acknowledge that disclosure of Confidential Information could cause serious harm to Horgons and, as an essential term and condition of participating in the test, you agree not to disclose Confidential Information to any person or organization.
NON-DISCLOSURE OF INFORMATION, OPINIONS, REVIEWS, IMPRESSIONS.
During the Term, you agree not to dissiminate, publish, or otherwise communicate any review, account, description or other information concerning the game or the Horgons company, except directly to Horgons, or with express prior written consent of Horgons.
OWNERSHIP AND INTELLECTUAL PROPERTY.
You acknowledge and agree that you have no ownership interest nor any other intellectual property rights whatsoever in the game, Horgons, its copyright, its trademark, trade secrets, or technology. You further acknowledge and agree that no ownership interest of any kind will be acquired through this Agreement or through your participation in the beta test. You agree that the contents of all oral, written, electronic reports to Horgons, and any other materials, information or ideas, concepts, and know-how provided by you (including corrections to problems in the game and documentation) become property of Horgons and may be used by Horgons for all business purposes, without any accounting or any payment to you. Under no circumstances will Horgons become liable for any payment to you for any information that you provide, whether concerning the game or otherwise, no matter how such information is used by Horgons or anyone else.
NO WARRANTY; RISKS.
You understand and agree that the game may have errors and bugs, including errors that could result in unauthorized access to your account information. You agree that any use of the game, whether as part of this beta test or otherwise, is entirely at your own risk. You agree to backup data and take any other appropriate measures to protect programs and data.
YOU EXPRESSLY AGREE TO HOLD HORGONS HARMLESS FROM ANY CLAIM, LOSS, OR LIABILITY CAUSED BY ANY ERRORS IN THE GAME.
THE GAME IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. HORGONS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL HORGONS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL OR COINSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF HORGONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR FOR ANY THIRD PARTY CLAIM.
If you agree to the TOU and (1) are of sufficient age and capacity to use Horgons and be bound by the TOU, or (2) use Horgons on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use Horgons in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Horgons, excluding postings, comments, or messages you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with Horgons, e.g. for downloading, uploading, creating/accessing/using an account, emailing, searching, or mobile use. Automated use of Horgons is prohibited. You agree not to copy/collect Horgons content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Horgons's policies or rules referenced above ("Prohibited Content"). You agree not to collect Horgons user information or interfere with Horgons. You agree we may moderate Horgons access/use in our sole discretion, e.g., by blocking, filtering, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available Horgons or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide Horgons, (iii) combine or integrate Horgons or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects Horgons or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use Horgons or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Horgons users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Horgons without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Horgons - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) [reserved]; (F) sending an unauthorized/unsolicited email to an email address obtained from Horgons - $25 per violation; (G) using Horgons user information to make/send an unauthorized/unsolicited text messages, calls, or communication to a Horgons user - $500 per text/call/communication; (H) creating a misleading or unlawful Horgons account or buying/selling a Horgons account - $4 per violation; (I) abusing or attempting to abuse Horgons's contests or token purchase process - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting Horgons content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) [reserved]; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
When you make a purchase of coins, you authorize us to charge your account for the amount of the purchase. Any tax is additional. All purchases / fees are non-refundable and coins are not redeemable for cash.
Prizes are awarded to the first user who enters a horgon that matches the contest's horgon. Once a prize is awarded, the contest becomes inactive, and no one else may claim the prize. Only one person will be awarded a prize for each contest. Digital prizes will be delivered by email to the winner once the win is verified by us. Physical prizes will be mailed to the winner after verification. Winners must provide a valid mailing address. We are not responsible for prizes that are not received due to an incorrect address or any failure, mishandling, or negligence of the shipper. Physical prizes will only be mailed to winners in the continental United States. If a winner resides elsewhere, a digital prize of approximately equal value may be substituted.
DISCLAIMER & LIABILITY.
To the full extent permitted by law, Horgons, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Horgons Entities") (1) make no promises, warranties, or representations as to Horgons, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Horgons on an "AS IS" and "AS AVAILABLE" basis and any risk of using Horgons is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Horgons. Horgons Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Horgons, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY.
Any claim, cause of action, demand, or dispute arising from or related to Horgons ("Claims") will be governed by the internal laws of Nevada, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Reno, NV (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Reno, NV; (2) indemnify and hold Horgons Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Horgons; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
"Horgons" and the horgon logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.
Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access Horgons thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights, see cl.com/about/dmca.