Terms of Service
Last Updated: 1/7/2013
The OUYA web site (the “Site”) is a copyrighted work belonging to OUYA, Inc. (“OUYA”, “we”, or “our”). By accessing or using the Site, you agree that (1) you have read and agree to be bound by these Terms of Service (“Terms”) and (2) you are of legal age to form a binding contract with OUYA. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” or “your” shall refer to such entity. If you do not agree with any of these Terms, you may not use or access this Site.
2. Use License
- a. OUYA grants you a limited license to download one copy of the documents, software and other information and content available on the Site (“Materials”) for personal use only. Notwithstanding the foregoing, we make available certain software on the Site under an open source license, in which case your right to use such software is subject to the terms of the accompanying open source license. You agree to follow any policies made available to you within the Site.
- b. You may not:
- i. use OUYA’s brand or logos without OUYA’s prior written permission;
- ii. modify or copy the Materials;
- iii. use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
- iv. attempt to decompile or reverse engineer any software contained on the Site, except as permitted under the open source license that governs certain software we make available on the Site;
- v. remove any copyright or other proprietary notations from the Materials;
- vi. use data mining, robots or similar data gathering and extraction tools on the Site; or
- vii. transfer the Materials to another person or “mirror” the Materials on any other server.
- c. OUYA and its suppliers reserve all rights not granted in these Terms. This license shall automatically terminate if you violate any of these restrictions and may be terminated by OUYA at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
You may simply browse the Site, or you may register with OUYA and create an “Account”. Certain areas of the Site may only be available if you have registered for an Account. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site.
These Terms, together with our Sales Terms and Conditions, shall govern any order you make through the Site for OUYA products (“Products” and such order, an “Order”). Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s).
No Order will be considered accepted by OUYA until the Product(s) has been shipped. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated shipping date provided by OUYA is based on Product availability and payment processing time, and does not include transit time. All Products shall be deemed accepted by you upon shipment, and title to and risk of loss of the Product passes to you when OUYA provides the Product(s) to a common carrier.
To pay for an Order, you will need to provide OUYA with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of payment authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so.
6. Your Content
We do not claim ownership of any content that you submit to the Site (“Your Content”). However, in order to provide the Site to you and our other users, we need certain rights with respect to Your Content. You grant OUYA a non-exclusive, worldwide, royalty-free and fully paid license to use Your Content, as necessary, for purposes of providing the Site to our users. All rights in and to Your Content not expressly granted to OUYA in this Agreement are reserved by you.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Materials (collectively “Feedback”), you agree we may use the Feedback to modify our Products, Site and Materials and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback.
THE MATERIALS AND SITE ARE PROVIDED “AS IS”. OUYA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, OUYA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL OUYA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT OUYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. OUYA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SITE, OR THE MATERIALS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
10. Revisions and Errata
The Materials may include technical, typographical, or photographic errors. OUYA reserves the right, at any time, to modify the Materials or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that OUYA will not be liable to you or to any third party for any modification of the Materials or modification, suspension, or discontinuance of the Site. OUYA does not, however, have any obligation to update the Materials.
11. Third Party Materials and Links
The Materials may include content from other users, suppliers, advertisers, and other third parties. Because we do not control such content, you agree that we are not responsible for any such content. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of OUYA. OUYA is not responsible for the contents of any such linked site. OUYA provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites. Use of any such linked web site is at the user’s own risk.
12. Modifications to these Terms
OUYA may revise these Terms at any time in its sole discretion. When changes are made, OUYA will make a new copy of the Terms available at the Site. We will also update the “Last Updated” date at the top of these Terms. If we make any material changes, we will also send an e-mail to you at the last e-mail address, if any, you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new users of the Site and will be effective the earlier of thirty (30) days after posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes. OUYA may require you to provide consent to the updated Terms in a specified manner before further use of the Site is permitted. If you do not agree to any change after receiving a notice of such change, you shall stop using the Site. Otherwise, your continued use of the Site constitutes your acceptance of such change. Please regularly check the Site to view the then-current Terms.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any claim relating to the Site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
OUYA has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights. If you believe that infringing materials are accessible on the Site, please provide the following information in the form of a written notification required by 17 U.S.C. 512(c) to our designated Copyright Agent: (a) your physical or electronic signature; (b) a description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; (c) a description of the allegedly infringing material and information sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (f) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you have the authority to enforce the copyrights that are claimed to be infringed.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by use in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for OUYA is:
Designated Agent: Copyright Agent
Address: 1316 3rd Street, Suite 109, Santa Monica, CA 90401
15. Contact Information
You can contact us by emailing us at email@example.com.