OMLG (Private) Limited
1st Floor, Plot No. E-23,
2nd Zamzama Commercial Lane,
(E-Street) Phase V, Defence Housing Authority, Karachi, Pakistan
WHAT WE COLLECT
OMLG gives you a number of options regarding what information you will give us:
When you register a profile with OMLG, your profile including any information (name, address, gender) will be registered with OMLG. When you identify yourself on a OMLG site/App, you may identify yourself using a OMLG account. When you identify yourself on a OMLG’s site/App, you may identify yourself through a social network account in which OMLG may receive additional information about your profile.
In addition to information about yourself, you may choose to share information about yourself in other content (“Content”), such as in games. Any action you perform with other players are considered public, and at your own discretion.
When you use a Mobile App, which includes telephones and other devices such as tablets, you agree that information about your use of the Service through your mobile device and carrier may be communicated to us. This information includes, but is not limited to your carrier, device, geo-location, IP address, telephone number, country or other information you provide. With your permission, we may also access your contacts. Your carrier’s standard fees and rates will still apply, including without limitation SMS/text messaging fees, and you accept responsibility for all charges.
When you invite new members into your network or send messages through the Service, we collect and maintain on secure servers the information associated with those messages, including email addresses and content.
We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services, OMLG games and other users of OMLG games, to supplement your profile.
You should also be aware that most content delivered through OMLG originates with another content provider. Such other content providers may place “cookies” on your browser, or otherwise gather information about you, including by asking you to provide information through the site/App itself.
Finally, in order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the OMLG site, playing OMLG Games, using SNS Apps on other sites or using Mobile Apps, such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time (“Activity Information”).
By using the Service, you consent to our retaining all the above-described information in anonymous form as long as OMLG sees fit.
CHILDREN UNDER THE AGE OF 13
OMLG does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for OMLG or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on OMLG. In the event that we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
CHILDREN BETWEEN THE AGES OF 13 AND 18
We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
HOW DO WE USE YOUR INFORMATION
We do not sell or rent your “Personally Identifiable Information” to any third party. We may, however, use certain information about you that is not personally identifiable.
We may also use public information collected to determine the kinds of content that you would like to view and to assist any advertisers in targeting their advertising.
We also use your name, email address, telephone number, and other information on our system to notify you of new product releases, service notifications, and to solicit your feedback and input. Those emails or SMS/text messages will contain links for preference management and where appropriate, an opt-out method.
With your consent we may send push notifications to your mobile device to provide updates and relevant messages. We may also send local notifications to your mobile device. You may manage notifications from the “Settings” page of the Mobile App or through your device.
You understand and agree that we may access, preserve, and disclose any information we may have about you and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, notice, statute, or court order, to protect our rights and property, or that of our affiliates or the public, or when there is a violation of our Terms of Service Agreement. OMLG is not required to question or contest the validity of any search warrant, notice or other similar governmental request that OMLG receives.
OMLG may maintain copies of your Content indefinitely, or delete certain Content in whole or in part if OMLG determines, in its sole discretion, that such Content constitutes an infringing or a prohibited posting as set forth in our Terms of Service or for any or no reason.
We also use non-Personally Identifiable Information and certain technical information about your computer and your access of the Service (including your IP address) in order to operate, manage and maintain the Service, improve the Service and create new services. OMLG may disclose information about you to its partners in order to provide the Service, resolve service problems and correct errors in the Service, to communicate with you about the Service, to provide you with advertising and promotional information in connection with the Service, and to enhance your experience on the Service. However, we do not give our partners an independent right to share this information.
Due to our contractual obligations with these third parties and the need to share information to deliver and support the Service, we cannot provide you with the opportunity to opt-out of sharing information (whether Personally Identifiable Information or other information) with these third parties.
CONTROLLING YOUR PERSONAL INFORMATION
Be advised that if you send messages or post material containing personal information, that information may be collected and used by others.
You can terminate your account at any time, which will remove your profile and other personal information from view. OMLG, however, may (but is not obligated to) keep information about you that is on its system following your termination. Please contact OMLG to terminate your account or for any other questions about your personal information.
TRANSFER OF INFORMATION
You may decide to provide us with another person’s email address so that person may be invited to join OMLG games or so that we may facilitate your communication with other people through the Service (such as when you upload an address book).
You may also provide us with another person’s contact information for purposes of delivering information through SNS Apps or Mobile Apps. We use this information to contact and, if necessary, remind that person that he or she has been invited to join OMLG games or received content through an SNS App or Mobile App. All invitees are provided with the option not to receive further invitations from OMLG. We may disclose such information if required to do so in order to comply with legal process, as described above.
USE OF INFORMATION
OMLG may contain links to other web sites, and content in OMLG games, Mobile Apps and SNS Apps may be hosted by other web sites. In addition, as described above, most content offered through OMLG games or SNS Apps is served or hosted by other sites. These other sites maintain their own policies regarding cookies and the collection and use of personal information. It is up to you to review those policies yourself.
THIRD-PARTY ADVERTISING COMPANIES
We use third-party advertising companies to serve ads on our site and on certain OMLG games, Mobile Apps and SNS Apps. Our system and the third-party advertising technology uses information derived from Activity Information, OMLG’s cookies, your visits to our site, the OMLG games that you view and the SNS Apps and Mobile Apps you use to target advertising within our site, OMLG games, Mobile Apps or SNS Apps. In addition, our advertisers may use other third-party advertising technology to target advertising on our site and other sites. In the course of advertisements being served to you, a unique third-party cookie or cookies may be placed on your device. Similarly, third-party advertising companies may provide us with pixel tags (also called “clear gifs” or “beacons”) to help manage and optimize our online advertising. Beacons enable us to recognize a browser’s cookie when a browser visits the site on which the beacon is located, and to learn which banner ads bring users to a given site.
OMLG does not provide any Personally Identifiable Information to third-party advertising companies. Note, however, that if an advertiser asks OMLG to show an advertisement to users with certain characteristics (for example, women ages 18-24) or a segment of that group (for example, women ages 18-24 who have viewed certain categories of content) and you respond to that advertisement, the third-party advertising company may conclude that you have the characteristics of the audience that they are trying to reach.
OMLG takes appropriate precautions to protect our users’ information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to link. However, regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. We cannot ensure or warrant the ultimate security of any information you transmit. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of OMLG Web Site, please contact us at firstname.lastname@example.org.
TERMS OF SERVICE
Effective date: 1st December, 2017
1.1 Governing Agreement
the terms of this agreement ("terms of service" or “terms”) govern the relationship between you and OMLG (hereinafter "OMLG" or "us" or "we") regarding your use of OMLG's social games and related services, which include applications for mobile devices and OMLG branded websites (the "service"). In this agreement, "OMLG" means OMLG (Private) Limited located at 1st Floor, Plot No. E-23, 2nd Zamzama, Commercial Lane, (E-Street) Phase V, D.H.A., Karachi – Pakistan. In all cases OMLG includes affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
1.4. Grant of a limited license to use the service
Subject to your agreement and continuing compliance with these terms of service and any other relevant OMLG policies, such as the forum rules or loyalty program terms, OMLG grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in sections 1.5-1.9 to access and use the service using a OMLG supported web browser (such as mozilla firefox or Microsoft internet explorer) or mobile device solely for your own non-commercial entertainment purposes. you agree not to use the service for any other purpose.
You understand that while at times you may “earn” "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the service; or (b) virtual in-game items (together with virtual currency, "virtual items"); these real world terms are only being used as shorthand. You do not in fact "own" the virtual items and the amounts of any virtual item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these terms of service is a completed transaction upon receipt of your direct payment or redemption of an OMLG game card or a third party virtual currency like Facebook credits. Any "virtual currency" balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
1.5. Accessing the service
You must provide all equipment and software necessary to connect to the service, including, but not limited to, a mobile device that is suitable to connect with and use the service, in cases where the service offers a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the service.
1.6. Use of the service
The following restrictions apply to the use of the service:
You shall monitor your account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the service by minors in connection with your account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook credits) by minors;
You shall not have more than one account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not create an account or use the service if you are a convicted sex offender;
You shall not have an account or use the service if you have previously been removed by OMLG or previously been banned from playing any OMLG game;
You shall not use the service if you are located in a country embargoed by Pakistan.
You shall use your account only for non-commercial purposes;
You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
You shall not use your account to engage in any illegal conduct;
You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any virtual items associated with your account to anyone without OMLG’s written permission;
You shall not access or use an account or virtual items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without OMLG’s permission; and
If you access the service from a SNS you shall comply with its terms of service/use as well as these terms of service.
1.7 Account information
You understand that on certain OMLG websites your user id number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
1.8. Username and password
During the account creation process, you may be required to select a password ("login information"). The following rules govern the security of your login information:
You shall not share the account or the login information, let anyone else access your account, or do anything else that might jeopardize the security of your account;
In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify OMLG and modify your login information;
You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses of the login information, including purchases, whether or not authorized by you; and
You are responsible for anything that happens through your account.
OMLG reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
1.9. License limitations
any use of the service in violation of these license limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by section 1.4, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any OMLG game is a violation of OMLG policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
Engage in any act that OMLG deems to be in conflict with the spirit or intent of the service, including but not limited to circumventing or manipulating these terms, our game rules, game mechanics or policies;
Make improper use of OMLG’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
Use the service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
Cheating and hacking
You agree that you will not, under any circumstances:
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the service or any OMLG game experience;
Use the service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the service or any OMLG game experience;
Without OMLG’s express written consent, modify or cause to be modified any files that are a part of the service;
Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the service or any OMLG game environment (each a "server"); or (2) the enjoyment of the service or any OMLG game by any other person;
Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the service, or other attempts to disrupt the service or any other person’s use or enjoyment of the service; or
Attempt to gain unauthorized access to the service, accounts registered to others or to the computers, servers, or networks connected to the service by any means other than the user interface provided by OMLG, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the service;
Offensive or infringing content
You agree that you will not, under any circumstances:
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including OMLG employees, including OMLG’s customer service representatives; or
Make available through the service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a OMLG employee;
You agree that you will not, under any circumstances:
Without OMLG’s express written consent, use the service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring virtual items for sale;
Use the service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the service; or
Transmit unauthorized communications through the service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
Unauthorized use or connection to the service
You agree that you will not, under any circumstances:
Interfere or attempt to interfere with the proper functioning of the service or connect to or use the service in any way not expressly permitted by these terms of service;
Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the service or that is in transit from or to the service, including, without limitation, any software that reads areas of ram or streams of network traffic used by the service to store information about OMLG game characters, elements, or environment. OMLG may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the service, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Bypass any robot exclusion headers or other measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the service, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the service; or (2) any connection using programs, tools, or software not expressly approved by OMLG;
Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the service, or to obtain any information from the service using any method not expressly permitted by OMLG; or
Copy, modify or distribute rights or content from any OMLG site or game, or OMLG’s copyrights or trademarks or use any method to copy or distribute the content of the service except as specifically allowed in these terms of service;
Collection and publication of personal information
You agree that you will not, under any circumstances:
Solicit or attempt to solicit personal information from other users of the service;
Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the service; or
Upload or transmit or attempt to upload or transmit, without OMLG’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
1.10 Suspension and termination of account and service
Without limiting any other remedies, OMLG may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof if you are, or OMLG suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and OMLG is under no obligation to compensate you for any such losses or results.
without limiting our other remedies, we may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
OMLG reserves the right to stop offering and/or supporting the service or a particular game or part of the service at any time either permanently or temporarily, at which point your license to use the service or a part thereof will be automatically terminated or suspended. In such event, OMLG shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the service.
Termination of your account can include disabling your access to the service or any part thereof including any content you submitted or others submitted.
You may cancel any account registered to you by sending an email to email@example.com. This may take 30 days to implement.
Games and service
The service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a OMLG game client, and the OMLG game clients and server software) are copyrighted works owned by OMLG Private Limited. OMLG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the service.
notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of OMLG. Generally, game or other accounts created with OMLG will be considered active until we receive a user request to deactivate or delete them; however, we reserve the right to terminate any account that has been inactive for 180 days.
OMLG owns, has licensed, or otherwise has rights to use all of the content that appears in the service. notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the service, including without limitation the virtual items appearing or originating in any OMLG game, whether “earned” in a game or “purchased” from OMLG, or any other attributes associated with an account or stored on the service.
OMLG prohibits and does not recognize any purported transfers of virtual items effectuated outside of the service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the service, unless otherwise expressly authorized by OMLG in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game virtual items for "real" money, or exchange virtual items for value of any kind outside of a game, without OMLG’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.
"User content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a OMLG game client or the service, or that other users upload or transmit, including without limitation any chat text.
You own your user content. you hereby grant OMLG and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, 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 now known or in the future discovered, your user content as well as all modified and derivative works thereof in connection with our provision of the service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any user content. the license you grant us to use user posted content (except any content you submit in response to OMLG promotions and competitions or any other content specifically solicited by OMLG) ends when you delete your user content or you close your account unless your user content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
2. User content
2.1. Content screening
You are entirely responsible for all user content you post or otherwise transmit via the service. OMLG assumes no responsibility for the conduct of any user submitting any user content, and assumes no responsibility for monitoring the service for inappropriate or illegal content or conduct.
We have no obligation to monitor user content. if we choose at any time, in our sole discretion, to monitor the service, we have the right, in our sole discretion, to edit, refuse to post, or remove any user content and we may monitor and/or record your interaction with the service or communications (including without limitation chat text and voice communications) when you are using the service. By entering into these terms of service, you hereby provide your irrevocable consent to such monitoring and recording.
2.2 Information use by other members of the service
Public discourse & unsolicited ideas
The service may include various forums, blogs and chat features where you can post user content, including your observations and comments on designated topics. OMLG cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the service. OMLG shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively “submissions”) within the service you understand and agree that OMLG (1) shall have no obligation to keep your submissions confidential; (2) shall have no obligation to return your submissions or respond in any way; and (3) may use your submissions for any purpose in any way without notice or compensation to you.
OMLG is not responsible for a member’s misuse or misappropriation of any content or information you post in any forums, blogs and chat rooms.
Responsible for your own content
You are solely responsible for the information that you post on, through or in connection with the service and that you provide to others. information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these terms of service, and OMLG assumes no responsibility or liability for this material. If you become aware of misuse of the service by any person, please use any "report abuse" link provided or contact us at customer support (firstname.lastname@example.org). OMLG may reject, refuse to post or delete any user content for any or no reason, including, but not limited to, user content that in the sole judgment of OMLG may violate these terms of service. OMLG reserves the right to limit the storage capacity of user content that you post on, through or in connection with the service.
your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of OMLG, including to enforce our terms of service. By entering into these terms of service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
2.4. User interactions
You are solely responsible for your interactions with other users of the service and any other parties with whom you interact through the service and/or OMLG games. OMLG reserves the right, but has no obligation, to become involved in any way with these disputes.
if you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
3. Fees and purchase terms
In the service you may purchase, with "real world" money, a license to use virtual items and or other goods or services. You may also obtain a license to use virtual items by redeeming OMLG game cards or third party virtual currency, such as Facebook credits.
Purchases or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable.
You can license virtual items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these terms. When you purchase a license to virtual items from our service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. OMLG keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook credits from Facebook, you are agreeing to Facebook’s payment terms and OMLG is not a party to the transaction.
For virtual items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when we make the virtual items available in your account for you to use in our games or debit your credit card, whichever comes first.
Your license to virtual items for use in OMLG games is a service provided by OMLG that commences upon acceptance by OMLG of your purchase or redemption of third party virtual currency. By ordering a license to use virtual items you agree and accept that OMLG will provide it to you promptly following completion of your purchase. Accordingly, please note that if you purchase a license to use virtual items from us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
3.2. Payment of fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. OMLG may revise the pricing for the goods and services it licenses to you through the service at any time. You acknowledge that OMLG is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.
4. Third party advertising
4.1. Third party advertisements
4.2. Links to third party sites and dealings with advertisers
OMLG may provide links on the service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. OMLG makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of OMLG and may collect data or solicit personal information from you. OMLG is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by OMLG of these linked sites.
5. Copyright notices/complaints
It is OMLG's policy to respond to notices of alleged copyright infringement that comply with the digital millennium copyright act (“dmca”). OMLG reserves the right to terminate without notice any user's access to the service if that user is determined by OMLG, in its sole discretion, to be a "repeat infringer." in addition, OMLG accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. Updates to the service
You understand that the service is an evolving one. OMLG may require that you accept updates to the service and to OMLG’s games you have installed on your computer or mobile device. You acknowledge and agree that OMLG may update the service with or without notifying you. You may need to update third party software from time to time in order to receive the service and play OMLG’s games.
7. Disclaimers / limitations / waivers / indemnification
7.1. Disclaimer of warranties
You expressly agree that use of the service is at your sole risk and is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required).
Without limiting the foregoing, neither OMLG nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, "OMLG parties") warrant that the service will be uninterrupted or error-free.
7.2. Limitations; waivers of liability
you acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that the OMLG parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the service.
you further specifically acknowledge that the OMLG parties are not liable, and you agree not to seek to hold the OMLG parties liable, for the conduct of third parties, including other users of the service and operators of external sites, and that the risk of the service and external sites and of injury from the foregoing rests entirely with you.
To the extent permissible under applicable laws, under no circumstances will the OMLG parties be liable to you for more than the amount you have paid OMLG in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim.
You acknowledge and agree that if you have not paid OMLG any amounts in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with OMLG is to stop using the service and to cancel your account.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may not apply to you. In particular, nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of OMLG.
You agree to indemnify, save, and hold OMLG, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the service, any violation by you of these terms of service, or any breach of the representations, warranties, and covenants made by you herein. OMLG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OMLG, and you agree to cooperate with OMLG’s defense of these claims. OMLG will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the service.
8. Dispute resolution
If a dispute arises between you and OMLG, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OMLG agree that we will resolve any claim or controversy at law or equity that arises out of this agreement or the service (a "claim") in accordance with one of the subsections below or as we and you otherwise agree in writing.
Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to customer support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
8.2. Law and forum for legal disputes
In all cases, this agreement and any dispute arising out of or related to it or the service shall be governed in all respects by the laws of Pakistan. You agree that any claim or dispute you may have against OMLG must be resolved exclusively by courts of Karachi, Pakistan. You agree to submit to the personal jurisdiction of the courts located Karachi, Pakistan for the purpose of litigating all such claims or disputes.
8.3. Improperly filed claims
All claims you bring against OMLG must be resolved in accordance with this legal disputes section. All claims filed or brought contrary to section 8.2 shall be considered improperly filed. Should you file a claim contrary to section 8.2, OMLG shall be entitled to recover attorneys' fees and costs provided that OMLG has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
10. General provisions
10.2. Supplemental policies
OMLG may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these terms of service.
10.3. Entire agreement
10.4. Language of the terms of service
In the event of a conflict between a translation of the OMLG policies and the English version, the English version of the OMLG policies will control.
10.5. No waiver
Except as expressly and specifically set forth in this these terms of service, no representations, statements, consents, waivers, or other acts or omissions by OMLG shall be deemed a modification of these terms of service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of OMLG.
10.7. Equitable remedies
You acknowledge that the rights granted and obligations made under these terms of service to OMLG are of a unique and irreplaceable nature, the loss of which shall irreparably harm OMLG and which cannot be replaced by monetary damages alone. Accordingly, OMLG shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the service or any OMLG game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the service or any content or other material used or displayed through the service and agree to limit your claims to claims for monetary damages, limited by section 7.2 (if any).
10.8. Force Majeure
OMLG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of OMLG, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond OMLG’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.