Terms of Service

Last Updated: November 20, 2019

Welcome to the Strong Game

Thank you for using The Strong Game. Please read carefully before using this website and any affiliated software, as these Terms of Service (the “Terms”) are a legal contract between you (the “User”) and us (“White Mountain Systems Incorporated”, “ourselves”, “our”, “the Company”, “we” or “us”). This document describes our mutual obligations to one another over the course of our relationship, as well as the services we provide when you access our website or mobile application or create an account with us.

By using our Services (as defined below), you agree that:

• you are at least 18 years old and are capable of entering into a legally binding contract;
• you have read and agree to comply with these Terms;
• you have read and agree to comply with our Privacy Policy, which forms a part of these Terms;
• if you are a representative of a company, organization, or other legal entity, you have the authority to bind that entity to these Terms; and
• you are responsible for anyone that uses our Services through your Account (as defined below).

We may make changes to these Terms and/or our Privacy Policy from time to time, for any reason and without notice to you, so we recommend that you review both these Terms and our Privacy Policy periodically. Once any modifications to the Terms or Privacy Policy have been published here, you will be deemed to have accepted those changes through your continued use of our Services (as defined below).

Definitions

We capitalize certain words and phrases in these Terms to indicate that they have a special meaning. The following are key definitions apply throughout the document:

“Account” refers to when an individual, company or other entity, or any representative of such, signs up for Services with a username and password. Accounts can be free (“Free Account”) or paid (“Subscription”).

“Account Owner” means the person, company or entity whose name appears:

1. for Free Accounts: in the “name” section of the Account Information; or
2. for Subscriptions: on the credit card paying for the Subscription.

“Commercial Partners” refers to any affiliate, associate, partner, subsidiary, contractor, employee, agent, licensee, licensor, advertiser, service provider, or other business partner of White Mountain Systems Incorporated.

“Content” is information you upload to your Account, including but not limited to text, images, code, documents, or intellectual property.

“Free Account” is an Account that allows access to our Services free of charge but with some features disabled.

“Free Trial” refers to a temporary, 30-day period of access to our Services, after which you must switch to a Free Account or pay for a Subscription. See “Trial Program” below for more detail.

“Indemnitees” refers to White Mountain Systems Incorporated and its Commercial Partners, as well as each of their respective principals, officers, directors, representatives, employees, and shareholders.

“Materials” is anything provided publicly or privately by or through White Mountain Systems Incorporated or its Commercial Partners, through our Site (as defined below) or otherwise, including but not limited to text, images, documents, graphics, code, software, documentation, design, layout, audio, video, messages, and any derivative works thereof.

“Services” encompasses the Strong Game website, mobile applications, any affiliated software, and any services that you access or purchase through our website, mobile applications or any other similar service we may offer from time to time without an accompanying Terms of Service.

“Site” refers to the Strong Game website (www.strong-game.com), and all of its subdomains and subdirectories.

“Subscription” is access to paid features granted in exchange for an advance payment.

“Subscription Period” is the thirty day period between billings.

“Third-Party Services” are services that are not provided by White Mountain Systems Incorporated but that you may use or access in using our Services.

“Third Party” refers to anyone other than you or White Mountain Systems Incorporated.

“User” means any person or entity that uses our Services, regardless of whether the use is free or paid, or connected to an Account.

Acceptable Use and Prohibitions

You agree that you will only use our Services for the purposes that are envisioned and permitted by these Terms and are compliant with all applicable laws and regulations. You assume all responsibility for the manner in which you use our Services. You hereby promise that any information you provide to us will be accurate and up to date. In addition, you agree that you will not use our Services in a way that does or permits any of the following:

1. copying, reproducing, reselling, sharing, sublicensing, distributing, or otherwise commercially exploiting any part of our Services or Materials;
2. using techniques that alter in any way the visual presentation or appearance of our Site;
3. gaining access to the Services through means that are unconventional, illegal, automated, or unethical;
4. disrupting or interfering with the functioning of any device, network, server, or computer system;
5. invading anyone’s privacy or gaining access to their personal information;
6. attempting to circumvent the measures we implement to ensure security, access control, and privacy protection;
7. uploading Content or engaging in activities that are illegal, deceptive, defamatory, abusive, harassing, threatening, intimidating, obscene, profane, sexually explicit, or discriminatory against a person or a group based on their gender, race, religion, sexuality, nationality, or disability;
8. revealing any private, personal, contact, financial or any other information without having permission to do so;
9. engaging in an activity that gives rise to civil liability, including copyright or trademark infringement;
10. disseminating spam or any other type of unauthorized or unsolicited advertising;
11. impersonating any person or representative of any entity, including White Mountain Systems Incorporated and Commercial Partners; or
12. doing anything that may cause reputation or harm to the Company or our Services.

Account Information

You agree to abide by these Terms even if you are using our Services without creating an account.

When you sign up for an Account, you agree to provide true, accurate and complete information about yourself as prompted (“Account Information”). Throughout your use of the Service, you also agree to maintain and promptly update your Account Information in the event of a change. We are not responsible for any Account Information that may be lost or irrecoverable through use of our Services.

So long as you maintain an Account and act in compliance with these Terms, you have the right to access and use our Services. This is a non-transferable right unless we have given you written permission to transfer your Account. You are solely responsible for keeping your Account credentials safe and for all activities that take place in your Account. If you become aware of any unauthorized use or activity occurring in your Account, you must notify us immediately.

Fees, Terms, and Renewal

Fees

If you have a Subscription, or if you were provided with a Free Trial and choose to enter a Subscription, you will pay all subscription fees in accordance with the due dates set by us.

We reserve the right to modify our subscription fees at any time with thirty (30) days’ notice to you. If you do not agree to the changes, you may cancel the Subscription without penalty.

By entering your credit card information (the “Payment Information”), you give us and our Third-Party Service Providers permission to store your Payment Information. You agree that we may use this payment information to automatically charge you any subscription fees billed during a Subscription Period. You may change or update your Payment Information at any time.

You agree to reimburse us for all reasonable collection costs and interest for any overdue amounts incurred on your Account. If we are unable to process your payment, you agree that we may temporarily suspend your Account until the outstanding payment has been made.

Term and Renewal

Your Free Account is active and valid until you choose to upgrade your Account or request Account deletion.

Your Subscription is active and valid for the duration of its Subscription Period. Your Subscription will automatically renew for an additional Subscription Period on the first of each month unless your Subscription is cancelled or terminated (see “Cancellation and Termination” below).

Any changes to your Subscription will be reflected on your next invoice. You will not receive any refund for cancelling your Account or downgrading it from a Subscription to a Free Account.

Trial Program

We offer our Customers a free 30-day trial of the Services available with our Subscription. During the Trial Period, you must decide whether you would like to upgrade your Account; if you do not make such a determination, your Account will be downgraded to a Free Account.

You agree that you will comply with any additional terms that are imposed throughout the Trial Period. You agree that you will not create multiple accounts to receive additional, extended trial benefits. We reserve the right to terminate or suspend your Trial Period at any time and in our sole discretion without notice or liability.

Cancellation and Termination

We may terminate your Account or Subscription at any time and without notice, at our sole discretion and without liability. No refunds will be offered for terminated Services.

You may terminate your Account or Subscription at any time by either unsubscribing from within your Account or emailing us. Cancellations will go into effect at the end of the Subscription period and no refunds will be offered for Services cancelled during the Subscription period.

The sections “Intellectual Property”, “Collection of Personal Information”, “Confidential Information”, “Privacy Policy”, “Limitation of Liability”, “Indemnification”, “Force Majeure”, and “Governing Law” will survive termination, cancellation, or expiry of this Agreement and will continue in full force and effect.

Intellectual Property

Unless otherwise stated, the Site, Service, affiliated software, and all Materials are the property of White Mountain Systems Incorporated or our licensors or service providers, and are protected by copyright, trademark, trade secret, database and other intellectual property laws. All intellectual property rights are reserved.

These terms do not grant you a license to use any trademark or trade name of White Mountain Systems Incorporated or its affiliates, licensors or service providers without prior written permission. Absent a trademark license agreement, no use of White Mountain Systems Incorporated’s logo or other artwork will be allowed for linking or any other purpose.

These Terms grant you a revocable limited purpose right to access our Site, Services and Materials for your own non-commercial use while you adhere to these Terms. The rights granted under this agreement are not transferable, sublicensable, or exclusive. The rights granted under this agreement do not allow you to reproduce, sell, assign, trade, or otherwise transfer any of the Materials, or to redistribute or create derivative works thereof. You may not publish, modify, deconstruct, translate, or reverse-engineer the Site, Services, or any affiliated software.

You may view and print pages from the Site for your own personal use subject to restrictions set in these terms and conditions.

By uploading Content to your Account, you automatically grant White Mountain Systems Incorporated an irrevocable, perpetual, non-exclusive, sub-licensable, transferable, royalty-free license to use the material in ways necessary to deliver our Services, including but not limited to storing, modifying, reproducing, or publishing.

You relinquish all intellectual property rights to any suggestions, feedback, or comments you submit to us. You grant us the unconditional right to use the foregoing as we see fit.

Hyperlinking to our Content

Hyperlinks are permitted only if they reference the initial, top-level display of the Site (https://www.strong-game.com). No use of White Mountain Systems Incorporated’s logo or other artwork will be allowed for linking absent a trademark license agreement.

We reserve the right to monitor and, in some cases, disable hyperlinking from sites if we determine that:

1. The link would reflect unfavorably on us or our Commercial Partners;
2. The link is in any way misleading;
3. The link falsely implies sponsorship, endorsement or approval of the linking party and its products or services;
4. The organization has an unsatisfactory record with us;
5. The harm to us from the visibility associated with the hyperlink outweighs the benefits thereof; and
6. The link is provided in the context that is inconsistent with the context of the linking party’s site.

Collection of Personal Information, Confidential Information, and Privacy Policy

Your Personal Information and Confidential Information will be collected and used in accordance with our Privacy Policy.

Third-Party Services and Content

Certain features of our Services may use content from Third-Party Services. These Third-Party Services may collect and require access to your personal information. This information will be shared and used by these Third-Parties in accordance with the terms of our Privacy Policy (see “Disclosure of Personal Information to Third-Parties” and “Third-Party Service Providers”).

A list of these services will be included in this section. This list may be modified at any time, with or without notice.

You hereby agree that you bear the risk involved in the use of Third-Party Services through our Services. You understand that we will not be liable to you for any loss or damages arising from our use of Third-Party Services in providing our Services.

Limitation of Liability

We offer our Services on an “as is” and “as available” basis. We do not make any warranties, conditions, guarantees or representations of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that:

1. the Services will be continuously available, timely, uninterrupted, accurate, error-free or secure or otherwise meet your requirements or expectations;
2. any information or data processed by the Services or acquired by you through the Services will be accurate or reliable; and
3. any defects in the software provided as part of the Services will be repaired.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Use our Services is at your own risk. We disclaim any responsibility for any damage to your computer system or other device, or for the loss of any data that occurs as a result of downloading any necessary materials or software. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of White Mountain Systems Incorporated and our Commercial Partners from any claims, known or unknown, you have against them.

We will not be liable to you, or to any third party, for any indirect, incidental, punitive, consequential or special damages, or for loss of profits, lost or damaged data or other intangible losses (whether direct or indirect), arising from the use, or inability to use, of our Services or from any other aspect of these Terms. We will not be liable in any circumstances for any Third-Party Services or activities which result in damage to you, or for any damage to you arising from hacking, tampering or any otherwise unauthorized access to or use of our Services.

To the extent that the above does not fully limit or exclude our liability to you, our aggregate liability to you resulting from any cause of action will not exceed:

1. if you have a Subscription: the fees paid to us for your Account during the 3-month period immediately preceding the date on which the claim arose; or
2. If you have a Free Account: $5 CDN.

If, for any reason, this amount of liability is deemed to be insufficient, the maximum amount of liability will be the lowest amount permitted under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless the Indemnitees from and against any and all losses, costs, expenses, fines, penalties, damages, and other liabilities (including reasonable legal fees and costs) incurred by an Indemnitee in connection with any cause of action, claim, proceeding, demand, or action brought by a Third Party against an Indemnitee in connection with your use of our Services, including:

1. your use, non-use or misuse of the Services;
2. your violation or alleged violation of this Agreement;
3. your violation of any rights of any other person in connection with your use or access of our Services;
4. any information you create, submit, publish or upload via the Services, including but not limited to financial, credit, and personal information;
5. any claims made by Third Parties with which you conducted business through the Services;
6. anything which an Indemnitee may do or refrain from doing in connection with this Agreement.

You agree that White Mountain Systems Incorporated may assume the exclusive defence and control of any matter for which you are required to indemnify us. You agree to fully fund and cooperate with our defence of these claims. You agree not to settle any claims without obtaining our prior written consent.

Cookies

We employ the use of cookies. By using the Services you consent to the use of cookies in accordance with our Privacy Policy.

General Terms

Governing Law

These Terms shall be governed in all respects by the laws of the Province of British Columbia, without reference to its conflicts of law rules.

Total Agreement and Severability

These Terms are the full and only agreement between you and us and take precedence over any previous communications between you and us. If a court determines that any section of these Terms is unenforceable, the remaining sections will continue to apply with as few changes as possible to remove the invalid section.

Force Majeure

We will not be liable to your or any third party for any delay or failure in performance if that failure or delay results from any cause beyond our control, including but not limited to: severe weather; flood; fire; explosion; earthquake; vandalism; power failure; denial of service attacks or similar attacks or acts of hackers; acts of God and the public enemy; embargo; war; revolution; civil commotion; labour unrest (including strikes, work stoppages, slowdowns, picketing or boycotts); or any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, including orders and judgments of courts.

No Waiver

If we fail to enforce these Terms, we are not waiving our right to do so.

Notices

We may give you notice by placing banners or announcements within our Services. We may contact you through your Account or through the Account Information you provide to us, including email, text messaging and telephone regarding your Account or our Services. If you do not keep your Account Information current, we may not be able to convey important information to you. We are not liable for your failure to receive critical information about your Account or our Services as a result of your failure to keep your Account Information current.

We may send you newsletters and other promotional information using the above contact methods. You can unsubscribe from our newsletters and other promotions through the unsubscribe option within the communication.

Contact Information

For more information about these Terms, or for further information or questions regarding our Services, please contact us at contact@strong-game.com.