Terms Of Service Agreement

Last modified: MAY 22, 2018.

Please read these Terms of Service and our Privacy Policy carefully before using 3EE Services. (3EE)

Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and 3EE. If you do not agree to all the terms and conditions, you must not use our Services.

General Terms

Ownership

With the sole exception of the Licensors’ Games, 3EE is the owner or licensee of all right, title, and interest in and to the IP Right, including the Games that are produced and developed by 3EE, Custom Games derived from a 3EE Game, Accounts, and all of the features and components thereof. The Service may contain materials licensed by third-parties to 3EE, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of The Service (which do not include content or components of the Licensors’ Games), are owned or licensed by 3EE:

All virtual content appearing within the Service, including the 3EE Games, such as:

License Limitations

3EE may suspend or revoke your license to use the Service, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

User Content

3EE assumes no responsibility for the conduct of any user submitting any content created by users ("User Content"), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk.

When you transmit or upload User Content, you agree to abide by the following rules:

3EE Account, Virtual Goods and/or In-App Purchases.

No matter what else is stated in these Terms or anywhere else within the Services, you have no right or title to the Accounts you create on our Services and your Accounts are not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned", purchased from online stores, or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by 3EE and are licensed to you under these Terms.

License

You hereby grant 3EE a revocable, perpetual, transferable, fully paid, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to 3EE the right to authorize others to exercise any of the rights granted to 3EE under these Terms of Service. You further hereby grant to 3EE the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. 3EE does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification at https://3ee.com/contact

Payment Terms and Fees

Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. 3EE may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. 3EE shall have no liability to you or any third party as 3EE exercises any such rights.

Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Apple iOS, Google Play, Steam, Itch.io will be subject to those platforms' payment terms and conditions. 3EE does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.

All sales are final and you acknowledge that 3EE is not required to provide a refund for any reason. You will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

Indemnity

You agree to defend, indemnify and hold harmless 3EE, any third-parties under agreement with 3EE, any parent, subsidiary or affiliate of 3EE, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

You acknowledge, and further agree, that 3EE has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.

Dispute Resolution

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

Corrections

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

General Provisions

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.