Operation: Tango - Legal

This End User License Agreement (“EULA”) governs your use of the videogame OPERATION: TANGO, which includes the full game, its free Friend Pass version, its associated upgrades, patches, and updates and related services (the “Game”) currently provided or which will be provided by CLEVER PLAYS INC. (referred to as “CLEVER PLAYS »). It applies to all users of the Game.

PLEASE READ THIS AGREEMENT CAREFULLY.

This EULA sets out the basis on which CLEVER PLAYS (« Us »or « We » ) makes the Game available to you (“User”or ”You”) and on which You may use them. CLEVER PLAYS’s Privacy Policy (« Privacy Policy ») forms an integral part of this EULA. By installing or using the Game, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Game.

We reserve the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 6.

GRANT OF LICENSE.

1.1 CLEVER PLAYS (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensable, non-commercial and personal license to install and/or use the Game (in whole or in part) and any Game (the “License”), for such time until either You or CLEVER PLAYS terminates this EULA. You must in no event use, nor allow others to use, the Game or this License for commercial purposes without obtaining a license to do so from Us. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Game on certain hardware. THIS GAME IS LICENSED TO YOU, NOT SOLD.

As applicable, certain parts of the Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.

1.2 You shall not, directly or indirectly (i) sell, rent, lease, license, distribute or otherwise transfer the Game or any copies of it without our express prior consent modify, de (ii) reverse engineer, decompile, derive source code, disassemble, adapt, reproduce, or create derivative works of this Game, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Game (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or cir circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Game and (v) export or re-export this Game or any copy of adaptation in violation of any applicable laws or regulations.

1.3 While using the Game, You agree to comply with all applicable laws, rules and regulations.

2. OWNERSHIP.

All title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) and any and all copies thereof are owned by CLEVER PLAYS or its licensors. The Game is protected by national and international laws, copyright treaties and conventions and other laws. This Game may contain certain licensed materials and, in that event, CLEVER PLAYS’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without CLEVER PLAYS’s prior permission and, if applicable, CLEVER PLAYS’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by CLEVER PLAYS.

This License confers no title or ownership in the Game and should not be construed as a sale of any rights in the Game.

3. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.

You expressly acknowledge that use of the Game is at your own risk. To the fullest extent permissible under applicable law, the Game is supplied on an “as is” and “as available“ basis. CLEVER PLAYS, Clever plays’s licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to: (a) its conformity, accuracy, currentness, completeness, reliability or security (b) its suitability for a particular use; (c) implied warranties of title, non-infringement; (d) its market value; or (e) your satisfaction. CLEVER PLAYS does not warrant that the Game will be uninterrupted or error-free, that defects will be corrected, or that the Game is free of viruses or other harmful components. You assume all responsibility for selecting the game to achieve your intended results, and for the installation of, use of, and results obtained from the Game.

To the fullest extent permissible under applicable law, in no event will CLEVER PLAYS, Clever Plays’s licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the Game or any related third party service. This includes without limitation (a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, (b) direct loss; (c) accidental loss, (d) incidental loss, (e) consequential loss, and (f) indirect loss.

Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with CLEVER PLAYS or its licensors, channel partners and associated service providers is to cease to use the Game; and if applicable, seek damages for your losses. For any game purchased for use on a compatible mobile terminal that would not meet the applicable legal warranties, CLEVER PLAYS’s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the Game. In no event CLEVER PLAYS, its affiliates, licensors, channel partners and associated service providers be liable for damages in excess of any amount you have paid to CLEVER PLAYS for the Game during the twelve (12) months immediately prior to the time your cause of action arose.

Nothing in this section 6 shall affect CLEVER PLAYS’s liability for death or personal injury arising from CLEVER PLAYS’s negligence, for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

For purposes of this section 6, CLEVER PLAYS’s licensors, channel partners and associated service providers are third party beneficiaries to the limitations of liability specified herein and they may enforce this EULA against you.

4. INDEMNITY.

You are solely responsible for any damage caused to CLEVER PLAYS, its licensors, channel partners and associated service providers and subcontractors, other users of the Game or any other individual or legal entity as a result of Your violation of this EULA.

You hereby agree to defend, indemnify and keep indemnified CLEVER PLAYS and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from (a) a violation of any provision of this EULA or (b) your use or misuse of the Game. CLEVER PLAYS reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify CLEVER PLAYS. The provisions of this Section 7 shall remain in force after termination of this EULA.

5. TERMINATION.

The EULA is effective from the earlier of the date You purchase, download or use the Game, until terminated according to its terms. You and CLEVER PLAYS (or its licensors) may terminate this EULA, at any time, for any reason. Termination by CLEVER PLAYS will be effective upon (a) notice to You or (b) termination of Your CLEVER PLAYS Account (if any) or (c) at the time of CLEVER PLAYS’s decision to discontinue offering and/or supporting the Game. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Game and destroy all copies of the Game in Your possession.

6. CHANGES TO THIS EULA OR TO THE GAME.

CLEVER PLAYS reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA here on www.operation-tango.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 5 and must immediately uninstall the Game and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.

CLEVER PLAYS may modify the Game for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Game. You agree that the Game may install or download the modifications automatically. You agree that CLEVER PLAYS may stop to support previous versions of the Game upon availability of an updated version. CLEVER PLAYS’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Game.

7. MISCELLANEOUS.

7.1 Export Controls. The Game is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Game and Your use of the Game. The Game may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

7.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect CLEVER PLAYS’s initial intentions.

7.3 No Waiver. No failure or delay by CLEVER PLAYS (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by CLEVER PLAYS or by the User.

7.4 Capitalized terms used in this EULA without definition shall have the meanings specified in these Terms of Use.

7.4 Law, Jurisdiction and Dispute Resolution.

7.4.1 Other than as specifically indicated below, to the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Quebec, Canada. You irrevocably agree that the courts of Quebec have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).

The application of the Conventions of Contracts for the International Sale of Goods is hereby expressly excluded from any interpretation of this EULA.

All claims you bring against CLEVER PLAYS must be resolved in accordance with this Section 7. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA. Should either party file a claim contrary to this Section, the other party may recover attorneys’ fees and costs up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.

To the extent permitted by applicable law, (i) this EULA is governed by the laws of Canada and the province of Quebec; and (ii) you expressly acknowledge the exclusive jurisdiction of the federal courts and Quebec courts for any complaint or any dispute with CLEVER PLAYS resulting from or related in any way to this EULA or the use you make of the Game, and you also accept and freely consent to the exercising of territorial jurisdiction in said courts in relation to any dispute of this kind, including any complaint concerning CLEVER PLAYS and its employees, subcontractors, managers, directors, vendors and content suppliers.

For any questions concerning this EULA, you may contact CLEVER PLAYS at the following address: info@clever-plays.com 

THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW.

This privacy policy applies to the information Clever Plays Studio collects about you when you register with us for our products, utilize the Clever Plays Studio’s websites, video games, mobile applications, online store or other services (“Services”). “you” and “your” mean the user of our Services. In this policy, we want to be clear about the collection of your information.

If you do not agree to this Privacy Policy, do not use the Services. Your continued usage of the Services will signify your acceptance of this policy.

1. Collection of information

When you use our services personal information about you is collected to provide a service you’ve requested or authorized: what information is collected depends on the product or service. Below are examples of the information we may collect:

Games: Our games can transmit the following information: Diagnostic information (Including, but not limited to: Resolution, System information such as operating system, Performance log files, crash dumps, connection information, driver versions), user identification (including, but not limited to: A platform ID such as a Steam User ID, Computer Name, IP address which varies based on which platform you are using the services on) information on the usage of the Service (including, but not limited to: Screenshots, Chat logs and behaviour on the service). In the specific case of IP address, this will be used for communication and network traffic with service providers and the users and is not tracked or collected in any case. Authorization tokens from the different platform providers are collected to connect their accounts to players’ accounts. These tokens are generated by the platform provider using various methods depending on the platform.

Newsletters and competitions: For subscribing to a newsletter or when entering a giveaway/competition we may ask you for your personal information such as email address, user ID, and/or full name. In the event of physical prizes, we may also need your preferred shipping address.

Websites: Cookies: Our website uses Cookies by Google Analytics, a web analytics service provided by Google, Inc. (“Google”). The information generated by the Cookies about your use of the Website (including your IP address) will be transferred to and cached by Google on servers in the United States. We involve Google to do this to assess your use of the Website and collate reports on Website activity for us. We use this information to improve our websites.

For more information on the Cookies set by Google Analytics, including information on how to opt out, visit http://www.google.com/intl/en/privacypolicy.html. For additional information on Cookies in general, please visit http://www.allaboutcookies.org/. You can block other advertising networks by visiting http://www.youronlinechoices.com if you are in Europe or http://www.aboutads.info/ in the US and Canada. To opt-out of Google ads, visit http://google.com/ads/preferences/.

2. Purpose of the Collection

The purpose of the collection is to analyze usage, improve our services, ensure safety, and intervene in any abuses or breaking of our code of conduct. As an example, an IP address is utilized to be able to identify and ban users in cases of abuse and your email address is used for identification if you forget your password.

3. Sharing of Information

Clever Plays Studio does not rent or sell your information to third parties for marketing or financial purposes. We can collaborate with third parties to make your experience better, but our privacy policy can’t and doesn’t apply to other parties. We are unable to fully ensure that other companies adhere to the same methods as us, so please be sure to read their policies and terms prior to sharing your information with them.

4. Contact Us

If you have any questions or concerns about this Privacy policy or its cookies, please contact us: info@clever-plays.com

5. Changes to this privacy policy

We reserve the right to make changes to this Privacy Policy, so please review it from time to time to ensure you are informed of any changes. If there are notable changes in the way we collect or use your information, you’ll be notified before the implementation of the changes.

6. Miscellaneous

This Privacy Policy shall be governed by the laws of Canada and submitted to the exclusive jurisdiction of the courts in Canada.

Our policies play an important role in maintaining a safe and positive experience for players online. Operation: Tango offers a fun and safe place to interact with your partner. Crossing the line into abuse is never acceptable. If you come across a player violating the policies below, you should report them.

Clever Plays’ values and rules:

• Be respectful. No hate speech, harassment, or aggressive attitudes towards other users.

• When playing with others, show good sportspersonship, whether the game is going well or not.

• Some competitive banter or trash talk is okay as long as everyone’s onboard with it, but don’t be abusive or malicious.

• Do not behave in a toxic manner, vent on personal topics, instigate drama or force difficult topics related with controversial/violent/sexual content.

• Enjoy your time with this incredible game.  

• Above all, be excellent to one another.

Guidelines of action: 

If you encounter player behavior that you suspect is inappropriate or wrong, you can open the game menu and look for the “Partner Details” button, which contains ways to: 

• Mute the other player; which gives you time to decide what to do next,

• Block the other player, which will immediately cancel the current game and prevent any further game session to be initiated with that person,

• Report the other player to Clever Plays, so that this person is eventually prevented from inflicting the same to other players.

For convenience, the block and report options stay available after the game (as long as you don’t start a new game with someone else).

While we encourage you to report players that are behaving in a disrespectful manner, falsely reporting another player with the sole intent of restricting their gameplay is also unacceptable.

Consequences:

Your safety and right to enjoy our games are top priorities for us. Our response to violations of our policies varies and may include:

Temporary suspension: After reports of bad behaviour from three different players, Clever Plays will block for a week the player’s ability to join or create a game using a code. You may still use the Invite Friend option or be invited by a friend to start a game. 

Permanent suspension: If after the first sanction, Clever Plays receives two more reports of bad behaviour for that same player, Clever Plays will permanently block the player’s ability to join or create a game using a code, without reimbursement. You may still use the Invite Friend option or be invited by a friend to start a game.