Our Use of Your Information
If we do receive your personal information, we will only use it for the purposes described where it is collected or otherwise described in this Policy, and we will not sell, license, transmit or disclose this information outside of Overwolf unless (1) you expressly authorize us to do so; (2) it is necessary to allow our service providers or agents to provide services for us, (3) it is necessary in order to provide our products or services to you (and contacting you when necessary), (4) subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (5) subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of Overwolf or the merger of Overwolf into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which Overwolf is not the survivor, (6) it is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends, dispute resolution, credit checking and debt collection, or (7) otherwise as we are required or permitted by law. If you are a California resident, you may ask us to refrain from sharing your personal information (whether collected online or offline) with third parties for their marketing purposes. Please tell us your preference by contacting us as indicated in the “How to Contact Us” section of this Policy below.
If you do not agree to Our Use of Your Information above, you cannot use our Website or services. Your continued use of our Website or services constitutes your acceptance of this Policy.
Acceptance of Terms
Limited License and Website Access; All Rights Reserved
Overwolf hereby grants you a limited, non-exclusive, revocable, non-transferrable, non-sublicenseable license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Overwolf. This license does not include any resale or commercial use of this Website or the Content; any collection and use of any pages; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Overwolf. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Overwolf without Overwolf’ express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Overwolf’ or any third party’s name(s) or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, features and services offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Overwolf.
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Overwolf, its users or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Overwolf and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Overwolf or any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by Overwolf. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. Overwolf does not warrant or represent that your use of Content or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks, including “Overwolf™” are the service marks and trademarks of Overwolf or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Overwolf. All other trademarks, service marks, trade dress, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of their owners.
Ownership of Information Submitted via This Website
Right to Monitor
No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by users or third party content providers, Overwolf has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Website are those of such users or third party suppliers. Overwolf does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Overwolf.
Links to Third Party Websites
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Website that will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Overwolf of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Overwolf will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Overwolf or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Applicability of Other Terms
In addition to this Agreement, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features or Content. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or (ii) in a link adjacent to where you are permitted to access such available features and Content. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement directly conflicts with the Other Terms, the Other Terms shall control with respect to the specifically conflicting subject matter.
Reservation of Rights
Overwolf reserves the right in its sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Website access, (iii) to remove any animated work or any other Content from the Website, (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website or any subscription to the Website, in whole or in part, including, but not limited to, as Overwolf deems necessary for purposes of maintenance, upgrades and the like, to maintain the Website or to comply with applicable law. Overwolf shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.
Content and other information contained on this Website has been prepared by Overwolf as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Overwolf has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by Overwolf. Users relying on Content or other information from this Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to use of Overwolf Services, but are provided solely for general informational purposes. Should you purchase products or services from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Website does not affect that purchase in any manner. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND Overwolf EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. Overwolf MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY DESCRIBED IN THE WRITTEN TERMS (INCLUDING THE OTHER TERMS) GOVERNING THE USE OF PRODUCTS AND SERVICES, YOU UNDERSTAND AND AGREE THAT Overwolf WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF Overwolf HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, [PRODUCTS AND SERVICES] OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, ITS SERVICES, OR CONTENT. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Governing Law; Jurisdiction; Venue; Severability of Provisions
Applicability of the Uniform Commercial Code
No Agency Relationship
Overwolf, Inc. 8820 Columbia 100 Parkway, Suite 300 Columbia, MD 21045 Or by fax at 410-313-7515