Effective Date: 25 February 2025
The terms of this agreement (“Terms of Service”) govern the relationship between you, on the one hand, and Offroad Games (UK) Ltd, registered in England and Wales (No. 16214475), with its registered office at 18 Crucifix Lane, London, England SE1 3JW (“Offroad Games”), on the other hand, regarding your use of Offroad Games’ games, including, but not limited to, CHROME VALLEY CUSTOMS™, FASTLANE™, and related applications, websites, and services (the “Service” and/or “Application”).
In using the Service, you may be required to provide Offroad Games with certain personally identifiable information, the retention and use of which are subject to Offroad Games’ Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and can be found at https://offroadgames.co/terms-conditions.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. INSTALLATION, USE, OR ACCESS OF THE SERVICE SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND/OR PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE.
If you are a consumer who resides in the European Union, you have the right to cancel your installation, use, or access to the Service without charge before doing so. However, you will lose such right to cancel once you download, access, or use the Service. This does not affect your consumer rights where the Service is defective. In the United Kingdom, you can obtain advice on your legal rights as a consumer from your local citizen’s advice bureau or trading standards office.
Table of Contents
1. Updates and Modifications
Offroad Games reserves the right, at its discretion, to change, modify, add or remove portions of or otherwise amend these Terms of Service and the Privacy Policy at any time by posting amended terms on the Service, provided, however, that material changes to these Terms of Service and the Privacy Policy will not be applied retroactively. Such changes will be effective as of the “Effective Date” with or without prior notice to you. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other Offroad Games policy, rules, or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
Offroad Games also reserves the right, at its discretion, to change, modify, update, suspend, restrict, or alter your access to any features or parts of the Service and may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Service might change the system specifications necessary to use the Service, and in such a case, you, and not Offroad Games, are responsible for purchasing any necessary additional software and/or hardware to access and use the Service. You acknowledge that when an upgrade is available, previous versions of the Service may cease to be available or no longer be supported by Offroad Games.
2. License
2.1 Grant of a Limited License to Use the Service
Subject to your agreement and continued compliance with these Terms of Service and any other relevant Offroad Games policies, Offroad Games grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own individual, non-commercial, entertainment purposes only. You agree not to use the Service for any other purpose. You may not sell, copy, exchange, transfer, assign, or otherwise distribute anything you copy, create, buy, or derive from the Service, unless you are expressly permitted by Offroad Games.
The Service may require an internet connection to access internet-based features, authenticate the Service, or perform other functions. You acknowledge that you may be charged by your service provider and shall be responsible for any such charges for internet access.
2.2 Account
2.2.1 Account and Login Information
To use the Service, you may be required to create an account (“Account”), which will require you to submit personal information, including your full name, date of birth, email address, and password. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account.
You shall not:
You shall not use the Service:
2.2.2 Account is Non-Transferable
Your Account is personal to you and you shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Offroad Games does not recognize and expressly forbids the transfer of Accounts. Any distribution by you of your Account and/or your Login Information (except as expressly provided herein or otherwise explicitly approved of by Offroad Games) may result in suspension or termination of your Account.
Offroad Games 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 the third party’s rights.
2.2.3 Suspension and Termination of Account and Service
Without limiting any other remedies, if you are, or Offroad Games suspects that you are, failing to comply with any of these Terms of Service, or if Offroad Games learns that you are engaged in any actual or suspected illegal or improper use of the Service, Offroad Games may limit, suspend, terminate, modify, or delete user accounts or access to the Service or portion of the user accounts or Service. Such action by Offroad Games may be with or without notice to you. You can lose your username and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items (see Section 4.1 below) associated with your use of the Service, and Offroad Games is under no obligation to compensate you for any such losses or results.
Without limiting Offroad Games’ other remedies, if Offroad Games believes that users are creating risk, possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms of Service, Offroad Games may limit, suspend or terminate user accounts or the Service and its content and tools or portion of the user accounts or Service, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service. Additionally, Offroad Games may, in appropriate circumstances, and at its sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
Offroad Games reserves the right to terminate any account that has been inactive for 180 days.
Offroad Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part of the Service will be automatically terminated. In such event, Offroad Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to, or any part of, the Service including, but not limited to, any content you or other users have submitted.
You may terminate your Account at any time and for any reason by submitting an email to support@offroadgames.co to inform Offroad Games that you wish to terminate your Account.
2.3 License Limitations
Any use of the Service in violation of these limitations set out in this Section is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law.
2.3.1 Eligibility
You may have an Account and/or you shall use the Service if you are a “natural person” (as opposed to any kind of legal entities like a corporation, limited liability company, etc.), and you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
2.3.2 Rules of Conduct
Offroad Games reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Offroad Games reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service. Such actionable violations are set forth in the following rules (“Rules of Conduct”) where you agree that you will not, under any circumstances:
3. User Generated Content
3.1 Monitoring of User Content
Offroad Games assumes no responsibility for the conduct of any user submitting any content (“User Content”), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor User Content. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including, but not limited to, chat text) when you are using the Service. By agreeing to these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, but not limited to, chat text, or voice or video communications.
If at any time Offroad Games chooses, in its sole discretion, to monitor the Service, Offroad Games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2 Information Use by Other Users of the Service
3.2.1 Public Discourse
The Service may include various forums, blogs and chat features (“Forums”) where you can post User Content, including, but not limited to, your observations and comments on designated topics. Offroad Games cannot guarantee that other users 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 do not want others to use, do not post it on the Service. Offroad Games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk. Offroad Games reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other users transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly or to comply with legal obligations or governmental requests.
Furthermore, you acknowledge that a large volume of information is available in these Forums and that people participating in such Forums may occasionally post message or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Offroad Games neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Offroad Games. Offroad Games is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Offroad Games be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums.
3.2.2 Responsible For Your Own User 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. Offroad Games 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 Offroad Games violates these Terms of Service.
3.2.3 License
You hereby grant to Offroad Games an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, 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, your User Content as well as all modified and derivative works of your User Content in connection with our provision of the Service, including marketing and promotions of the Service.
You also hereby grant to Offroad Games the right to authorize others to exercise any of the rights granted to Offroad Games under these Terms of Service. You further hereby grant to Offroad Games the unconditional, irrevocable right to use and exploit your name, username, time zone, likeness, image and any other information or material included in any User Content and in connection with any User Content, without any obligation to you.
Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
Offroad Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.
Offroad Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.2.4 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 Offroad Games games. Offroad Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Offroad Games to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Offroad Games access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release Offroad Games (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. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
4. Fees
4.1 Purchases
As part of the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use:
You may also obtain a license to use Virtual Items and/or Entitlements by redeeming third party virtual currency such as FacebookTM credits or TapjoyTM exchanges.
Offroad Games may manage, regulate, control, modify or eliminate Virtual Items and/or Entitlements at any time, with or without notice. Offroad Games shall have no liability to you or any third party in the event that Offroad Games exercises any such rights.
The transfer of Virtual Items and Entitlements is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Entitlements to any person or entity, including, but not limited to, Offroad Games, another user or any third party.
VIRTUAL ITEMS AND ENTITLEMENTS CAN NEVER BE REDEEMED FOR REAL MONEY, GOODS, OR ANY OTHER ITEM OF MONETARY VALUE FROM OFFROAD GAMES OR ANY OTHER PARTY. YOU UNDERSTAND THAT YOU HAVE NO RIGHT OR TITLE IN VIRTUAL ITEMS OR ENTITLEMENTS.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
If you are a consumer who resides in the European Union, you have the right to cancel the purchase of a license to use Virtual Items and Entitlements within seven (7) working days after the date of purchase (“Cooling Off Period”). However, this right to cancel is lost once if the supply of the Virtual Items or Entitlements begins before the end of the Cooling Off Period. As the supply of the Virtual Items and Entitlements begins promptly after you purchase a license for Virtual Items and Entitlements, you acknowledge that by agreeing to purchase any such license you lose your right of cancellation.
4.2 Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Offroad Games may revise the pricing for the goods and services offered through the Service at any time. Offroad Games may also provide links to other websites or third party services, some which may charge separate fees, which are not included in any fees that you may pay to Offroad Games. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. YOU ACKNOWLEDGE THAT OFFROAD GAMES 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.
5. Intellectual Property
5.1 Offroad Games Intellectual Property
The Service and each element of the Service, which includes, but is not limited to, any and all games, computer code, characters, character names, titles, stories, dialogue, catch phrases, concepts, artwork, animations, sounds recordings, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Service chat transcripts, character profile information, recordings of games played using the Service, the Server or other software) are all protected by copyright, trade mark, and other laws of the United States, England and Wales or other applicable law. The Service and each element of the Service, including all associated intellectual property rights, CHROME VALLEY CUSTOMS TM, FASTLANE TM are the exclusive property of Offroad Games and its licensors. You must comply with all laws that apply to you when accessing or using the Service and each element of the Service. You will not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Service.
5.2 Digital Millennium Copyright Act (“DMCA”) Copyright Infringement Notification
Offroad Games respects the rights of others and expects you to do the same, particularly with regards to copyright law. Therefore, Offroad Games responds to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and will terminate the Account of anyone Offroad Games believes to be a repeat infringer of the rights of copyright holders.
If you are, or an agent of, a copyright owner, and you believe that any content hosted by Offroad Games infringes your copyrights, then you may submit a notification pursuant to the DMCA (see Section 17 U.S.C. Section 512(c)(3)). Specifically, you must submit to the Offroad Games Copyright Agent the following information:
If you fail to comply with all of the requirements of Section 512(c)(3), your DMCA notice may not be valid. Further, if you send such a DMCA notice, Offroad Games will reasonably attempt to send a copy of such a notice to the individual that uploaded the allegedly infringing content in order to afford the opportunity of the alleged infringer to reply with a counter notice (pursuant to Section 17 U.S.C. Section 512(g)(3)). The Privacy Policy does not protect information provided in these notices.
Any such notices should be sent to Offroad Games' Designated Copyright Agent, who can be reached as follows: Attention: Legal Department Offroad Games (UK) Ltd - registered in England and Wales, No.16214475 FLAT 6, 7 Valentia Place, London SW9 8EU Email: hi@offroadgames.co
For clarity, only DMCA notices should go to the Offroad Games' Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Offroad Games' support: hi@offroadgames.co
6. Disclaimers & Warranties, Limitation of Liability, Indemnification
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT YOUR LEGAL RIGHTS AS A CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OF OFFROAD GAMES, FRAUD OR FRAUDLENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED.
WITHOUT LIMITING OFFROAD GAMES’ LIABILITY UNDER THIS SECTION, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR DOMESTIC AND PRIVATE USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OFFROAD GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OFFROAD GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OFFROAD GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO SECTION 6.1, IN ALL EVENTS, OFFROAD GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO OFFROAD GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO OFFROAD GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OFFROAD GAMES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH OFFROAD GAMES 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. Accordingly, some of the disclaimers and limitations included in these Terms of Service may not apply to you. To the extent that Offroad Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms of Service, the scope of such warranty, and the extent of Offroad Games’ liability, shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Offroad Games harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of:
7. Dispute Resolution
If a dispute arises between you and Offroad Games, we strongly encourage you to first contact Offroad Games directly to seek a resolution using the email address hi@offroadgames.co
If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Offroad Games must be resolved exclusively by a court located in San Francisco, California.
If you are a resident outside of the United States, you agree that these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed by the laws of England. You agree that to the extent permitted by law the courts of England will have exclusive jurisdiction to any dispute you may have against Offroad Games.
8. Severability
You and Offroad Games agree that if any Section of these Terms of Service or provision of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such Section or provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability in any other jurisdiction and without affecting the remaining Sections of the Terms of Service or provisions of the Privacy Policy, which shall continue to be in full force and effect.
9. General Provisions
9.1 Assignment
Offroad Games may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Service or Privacy Policy without Offroad Games’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.
9.2 Supplemental Policies
Offroad Games may publish additional policies related to specific services such as forums, contests or loyalty programs (“Supplemental Policies”). Your right to use such services is subject to those Supplemental Policies and these Terms of Service.
9.3 Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Offroad Games, and supersede all prior understandings of the parties relating to the subject matter of these Terms of Service, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Offroad Games with respect to the Service, provided however, the these Terms of Service may be amended by Offroad Games in accordance with Section 1.
9.4 No Waiver
The failure of Offroad Games to require or enforce strict performance by you of any provision of these Terms of Service or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Offroad Games’ right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Offroad Games of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set out in these Terms of Service, including, but not limited to, Offroad Games’ ability to amend these Terms of Service in accordance with Section 1, no representations, statements, consents, waivers, or other acts or omissions by Offroad Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Offroad Games.
9.5 Notices
We may notify you via postings on offroadgames.co and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Privacy Policy shall be in writing and addressed to: Attention: Legal Department Offroad Games (UK) Ltd - registered in England and Wales, No.16214475 FLAT 6, 7 Valentia Place, London SW9 8EU
Any notices that you provide without compliance with this Section 9.5 shall have no legal effect.
9.6 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Offroad Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Offroad Games and which cannot be replaced by monetary damages alone so that Offroad Games 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 Offroad Games 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 6 (if any).
9.7 Force Majeure
Offroad Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Offroad Games, including, but not limited to, any failure to perform hereunder due to unforeseen circumstances or cause beyond Offroad Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
9.8 No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Offroad Games, as a result of these Terms of Service or your use of the Service.
9.9 Survival
The provisions of Sections 3.2, 4, 6, 7, 8 and 9 shall survive any termination of these Terms of Service.
10. Additional License Terms for use of the Service in conjunction with the Apple App Store or the Google Play Store
These license terms are in addition to all other terms of these Terms of Service. If any Service is provided to you through the Apple, Inc. (“Apple”) App Store and/or the Google, Inc. (“Google”) Play Store, then the following additional terms and conditions in this paragraph apply. These Terms of Service are solely between you and Offroad Games, and not with Apple and/or Google. You acknowledge that Apple and/or Google has no obligation to furnish any maintenance or support services to you in connection with the Service. In the event of any failure of the Service to conform to the warranty in these Terms of Service, you may notify Apple and/or Google, and Apple and/or Google will refund the purchase price for the purchased Virtual Item and/or Entitlement pursuant to the terms of Apple and/or Google. Except for the foregoing, to the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the Service. Any claim in connection with the Service related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms of Service, and Apple and/or Google is not responsible for such claims. You must comply with the terms, policies, usage rules of Apple and Google. The license to the Service is a non-transferable license to use the Service only on an iPhoneTM, iPod TouchTM or AndroidTM operating device that you own or control. You represent that you are not located in any U.S. embargoed countries or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List. Apple and/or Google is a third party beneficiary to these Terms of Service and may enforce its terms against you.
All other terms and conditions of these Terms of Service apply to your use of the Service.
© Offroad Games (UK) Ltd - registered in England and Wales, No.16214475
Registered office: 18 Crucifix Lane, London, England SE1 3JW
Terms and Conditions
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