Terms of Service
Last updated: December 2024
Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Game On Dude!, Inc. (“Game On Dude!,” “we,” “us,” or “our”) governing your access to and use of the Game On Dude! platform, website, APIs, SDKs, and related services (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Eligibility
To use our Services, you must be at least 13 years old. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Account Registration
To access certain features of the Services, you may need to create an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for fraudulent or illegal purposes.
Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Services to transmit harmful, offensive, or illegal content
- Attempt to gain unauthorized access to any part of the Services
- Interfere with or disrupt the Services or servers
- Use automated means to access the Services without our permission
- Reverse engineer, decompile, or disassemble any part of the Services
- Use the Services to develop a competing product or service
- Resell or redistribute the Services without authorization
- Engage in any activity that could damage, disable, or impair the Services
Intellectual Property
Our Intellectual Property
The Services and all content, features, and functionality are owned by Game On Dude! Gaming, Inc. and are protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.
Open Source Components
Certain components of Game On Dude! are released under the MIT License. Your use of these components is governed by the applicable open source license terms. See our License page for details.
Your Content
You retain ownership of any content, games, or applications you create using our Services. By using the Services, you grant us a limited license to host, store, and transmit your content as necessary to provide the Services.
Service Plans and Payment
We offer both free and paid service plans. Paid plans are billed in advance on a monthly or annual basis. You agree to pay all fees associated with your chosen plan.
- Fees are non-refundable except as required by law or stated in our refund policy
- We may change our fees with 30 days' notice
- Failure to pay may result in suspension or termination of your account
- You are responsible for all taxes associated with your use of the Services
Service Availability
We strive to maintain high availability of our Services, but we do not guarantee uninterrupted access. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XOGOS GAMING, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Game On Dude!, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another party.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Services shall be resolved exclusively in the state or federal courts located in Missouri.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the “Last updated” date. Your continued use of the Services after any changes constitutes acceptance of the new Terms.
Termination
We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately.
You may terminate your account at any time by contacting us. Certain provisions of these Terms will survive termination, including intellectual property, warranty disclaimers, and limitations of liability.
Contact Us
If you have questions about these Terms of Service, please contact us: