PLEASE NOTE THAT SECTION 8 OF THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING DISPUTES WITH TOPONLINEGAMES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE APPLICATION (DEFINED BELOW).
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") VERY CAREFULLY. BY ACCESSING, DOWNLOADING, INSTALLING OR USING THE TOPONLINEGAMES WEBSITE (“SITE”) AND/OR THE TOPONLINEGAMES APPLICATION (“APPLICATION”), YOU ARE AGREEING TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT ACCESS, DOWNLOAD, INSTALL OR USE THE SITE AND APPLICATION. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, BOTH OF WHICH FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
When you install the Application, you will be given free access to various fun arcade, puzzle, strategy, and other games. By installing the Application, third-party content and promotions will be served to you via the Application based on the web content you view (such content and promotions will be referred as “Third-Party Content”). We utilize the content of webpages and the URLs you visit so that we can display more relevant promotions to you. The support from Third-Party Content is necessary so that we can provide you with free access to engaging games. You can easily uninstall or disable our Application by visiting our Uninstall page on the Site.
The Application may be automatically updated on a regular basis so that we can upkeep our technology and push out new functions and features as appropriate. Such periodic updates to the Application may include updates to our security database and/or additions, changes or modifications to the Application, as well as the addition of other functionalities that may enhance the relevancy of your experience. We reserve the right to add, change or discontinue any portion of our Site and Application in any way, solely as a matter of our discretion. Please let us know of any questions or issues you have relating to the Site or Application by contacting us at .
2. GRANT OF LICENSE
Subject to the terms of this EULA, TopOnlineGames grants to you a revocable, non-exclusive, limited, non-sublicensable license to use the Site and install and use one copy of the Application on a single computer. TopOnlineGames maintains all ownership rights of the Site and Application, including all title, interest in, and intellectual property rights therein. All rights not expressly granted herein are reserved by TopOnlineGames. All title and copyrights in and to the Site and Application (including but not limited to any content, images, graphics, video, audio, text, and other features incorporated in the Site and Application), and any copies of the Site and Application, are owned by TopOnlineGames or its licensors. The Site and Application are protected by copyright laws and international treaty provisions, as well as other intellectual property laws. Therefore, you must treat the Site and Application like any other protected copyrighted material. Except as expressly set forth in this EULA, you may not copy the Site and Application or any accompanying materials therein. Because the Site and Application contain TopOnlineGames’s proprietary information, you agree: (a) to hold in the strictest confidence all code and other technical elements of the Site and Application, (b) to not directly or indirectly copy, reproduce, distribute, manufacture, reveal, report, publish, cause to be disclosed or otherwise transfer anything on or in the Site and Application to any third party, and (c) not to make use of the Site and Application other than for your own personal and non-commercial purpose.
3. DISCLAIMER OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TopOnlineGames EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, COMPLETENESS, ACCURACY AND NON-INFRINGEMENT WITH REGARD TO THE APPLICATION. THE SITE AND APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE". THERE ARE NO WARRANTIES THAT YOUR ACCESS TO OR USE OF THE SITE AND APPLICATION OR ANY PART THEREOF WILL BE ERROR FREE, UNINTERRUPTED OR COMPLETELY SECURE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. ACCORDINGLY, YOUR USE OF THE SITE AND APPLICATION IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION ALL RISKS ASSOCIATED WITH THE SITE AND APPLICATION NOT FUNCTIONING AS INTENDED OR FAILURE OF THE SITE AND APPLICATION RESULTING FROM ACCIDENT, ABUSE, MISAPPLICATION OR A VIRUS.
4. ADDITIONAL TERMS
You are not allowed to make any changes or ask others to make changes to the Site and Application, including reverse engineering or decompiling the Site and Application, or modifying it in any way or disassembling the Site and Application. Any modifications to the Site and Application shall remain the exclusive property of TopOnlineGames. TopOnlineGames may in its sole discretion and for any reason discontinue your right to access and use the Site and Application. Without prejudice to any other rights, we reserve the right immediately to terminate this EULA in the event you violate any terms of this EULA, and to investigate and cooperate with appropriate legal authorities regarding any illegal or unauthorized activities involving your use of the Site and Application or this EULA. You must be at least 18 years of age in order to enter into this EULA for the licensing of the Site and Application. As a condition of your using our Site and Application, you represent that you are at least 18 years old. TopOnlineGames has no control over other third-party sites which you may access, including those sites accessed via the Third-Party Content. Therefore, TopOnlineGames is not responsible for the content or function of any other website and disclaims any liability for any aspects of any third-party websites you access via our Site or Application. The applicable terms and privacy policies of those websites shall govern your use of such websites.
5. UNINSTALLING THE APPLICATION
If you disagree with this EULA, you may uninstall the Application at any time. The instructions to uninstall the Application are available at the Uninstall link located on the bottom of this page. If you encounter difficulties uninstalling the Application, please contact us at .
Our Site and Application are updated periodically. TopOnlineGames in its sole discretion may or may not update the Application on your computer but has no obligation to provide you with any updates. We reserve the right to add, change or discontinue any part of our Application in any way, solely in our discretion. Due to the rapidly evolving nature of the Internet and continuous improvements to our Site and Application, TopOnlineGames reserves the right to make changes to this EULA. Please check this page periodically for changes. Any such modification constitutes a successor EULA, and therefore, continued use of the Site and Application indicates your acceptance of such modified EULA. If you do not accept any such successor EULAs you must uninstall the Application from your computer and cease your use of the Site. Failure to uninstall the Application or your continued use of the Site constitutes acceptance of the modified EULA.
You may terminate this EULA at any time by uninstalling the Application and ceasing your use of the Site. This EULA is terminated automatically if you do not comply with all of the terms and conditions of the EULA. TopOnlineGames also may terminate this EULA at any time for any reason, without notice to you and in its sole discretion. In the event that the EULA is terminated for any reason, your rights to use the Site and Application will immediately cease and you must uninstall the Application and cease your use of the Site.
8. ARBITRATION AND CLASS ACTION WAIVER
Any claims and/or disputes arising out of or related to this EULA, the Site and Application and/or any services or products acquired under or relating to this EULA shall be exclusively resolved through binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association, which shall govern such arbitration and be conducted before a single arbitrator in California. No claimants shall have their claims/disputes resolved on a class basis and accordingly, class action arbitration is prohibited under this EULA. Neither you nor we shall be entitled to consolidate or join our respective claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private capacity. SHOULD YOU CHOOSE TO OPT OUT OF ARBITRATION OR THE CLASS ACTION WAIVER, PLEASE SEND A WRITTEN NOTICE TO WITHIN THIRTY (30) DAYS OF DOWNLOADING OR INSTALLING THE APPLICATION. Both parties shall share the costs of the arbitration and the use of the arbitrator. Except for the costs of the arbitrator, each party shall bear its own costs (including its respective attorneys' fees). Any award rendered in arbitration shall be final and binding and may be enforced in any court having competent jurisdiction. In addition to any other available remedies, we shall also have the right to seek injunctive relief to protect our intellectual property rights to our Site and Application.
9. Limitation of Liability, YOUR EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TopOnlineGames OR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF INFORMATION OR ANY OTHER KIND OF PECUNIARY LOSS) ARISING OUT OF OR RELATED TO your USE OF OR INABILITY TO USE THE SITE AND APPLICATION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TopOnlineGames HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, TopOnlineGames SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED TO ANY HARDWARE OR BY THE COMBINATION OF OUR SITE AND APPLICATION WITH ANY OTHER APPLICATION. IN ANY CASE, OUR ENTIRE LIABILITY, AND THAT OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO $1,000. TO THE EXTENT SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES.
IF ANY OF THE FOREGOING EXCLUSIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE VOIDABLE OR UNENFORCEABLE, WHETHER IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF TopOnlineGames AND THAT OF OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES OR SUBSIDIARIES, ARISING OUT OF OR RELATED TO THIS EULA AND THE SITE AND APPLICATION, SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO ONE HUNDRED DOLLARS ($100.00). RECOVERY OF SUCH DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CLAIMS, CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR RELATE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CLAIM OR CAUSE OF ACTION, HOWEVER STATED. THE EXCLUSION OF CONSEQUENTIAL DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IF SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE VOIDABLE OR UNENFORCEABLE.
10. STATUTE OF LIMITATIONS
YOU AND TopOnlineGames AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SITE AND APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
11. YOU ARE RESPONSIBLE FOR YOUR ACTIVITIES
You are fully and solely responsible for your activities when using the Site and Application. You shall not use the Site or Application in any way that is unlawful or that harms us or any other party in any way.
12. General Terms
The laws of the State of California shall govern the interpretation and performance of this EULA, without regard to any conflict of law provisions. The exclusive jurisdiction for all claims or causes of actions based on this EULA or arising from the use of the Site or Application shall be in the State of California. This EULA constitutes the entire agreement under which TopOnlineGames allows you to use the Site and Application. If there are any clauses or provisions in this EULA which may now or in the future be held to be illegal, unenforceable or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in full force and effect. In addition to any other limitations which may be set forth herein, TopOnlineGames shall not be responsible for events which are out of the control of TopOnlineGames and which negatively impact the performance or use of the Site and Application, such as acts by governmental authorities, acts of God or other acts not within the reasonable control of TopOnlineGames.
Date Updated: October 22, 2021