Terms and conditions

END USER LICENSE AGREEMENT

This End User License Agreement (“License”) is an agreement between you and North 3D. This License governs your use of the “OMNI” online game and any and all related documentation, software, and updates and upgrades that replace or supplement the game in any respect and which are not distributed with a separate license (collectively, the "Game").  These License is a part of Terms and Conditions that incorporate and must be read in conjunction with 3D North Privacy Notice and Cookies Notice.

This Game is licensed to you, not sold.

By installing or using the Game, you agree to the Terms and Conditions; and agree to be bound by them. If you do not agree to these Terms and Conditions, our Privacy Notice or our Cookies Notice, you are not authorised to access and use the Website, Software, Materials and Services, and you must immediately stop doing so.

We reserve the right to modify this License at any time. Your continued use of our online and offline products and services will signify your acceptance of the changes to this License.

 

Limited License Grant and Terms of Use.
A. Grant. Through this purchase, you are acquiring and North 3D grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on a single, authorized device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your License shall commence on the date that you install or otherwise use the Game, and shall end on the earlier of the date that you fully delete the Game or North 3D’s termination of this License.

 

B. Further Restrictions. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by North 3D. Unless expressly authorized by North 3D, you are prohibited from making a copy of the Game available on a network where it could be used by multiple users. You are prohibited from making the Game available over a network where it could be downloaded by multiple users. You are prohibited to Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence.

You may not remove or alter North 3D’s trademarks or logos, or legal notices included in the Game or related assets. You are prohibited to modify or adapt (including through third parties and third-party tools) the Game client or it’s data, other than in the normal course of the Game gameplay as permitted in accordance with the Licence. You are prohibited to utilise any automated software or ‘bots’ in relation to your access or use of the Website, Software, Materials or Services. You are prohibited to perform any actions that may cause the computers used to support the Website, Materials and Services (the “Servers”) to become overloaded or crash.
 

Your right to use the Game is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Game.
 

C. Reservation of Rights. You have obtained a license to the Game and your rights are subject to this License. Except as expressly licensed to you herein, North 3D reserves all right, title and interest in the Game (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of North 3D and its licensors in the Game and does not include any rights to other patents or intellectual property. Except to the extent permitted by applicable law, you may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game. All rights not expressly granted herein are reserved by North 3D.
 

D. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. North 3D does not guarantee that this Game can be accessed on all devices or service plans. North 3D does not guarantee that this Game is available in all geographic locations. You acknowledge that when you use this Game, your provider may charge you fees for data and/or other Internet access. Check with your provider to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS GAME FROM YOUR DEVICE.
 

E. Application Updates. You agree that the Game may automatically download and install updates, upgrades and additional features that North 3D deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation North 3D may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed under a separate license or other agreement.

 

Privacy Notice

This privacy notice forms sets out how North 3D collects, uses, discloses and protects your personal information. If you are based in the European Union and use the Website, Software, Materials or Services, the GDPR Additional Terms set out below apply to you (“GDPR Terms”). This notice does not limit or exclude any of your rights under the New Zealand Privacy Act or other applicable laws. This notice should be read in conjunction with Grinding Gear Games’ Terms of Use.

To facilitate product support, product development and improvement as well as provide other services to you, you agree that North 3D may use analytic technologies to collect, use, store and transmit technical information (such as type of your device, User ID, username, IP address, geolocation, operating system limited to what is needed for the Game to work) and gameplay related information which results from your experience with the Game.
North 3D operates in several countries. Personal information collected from or submitted by you through the Game may be transferred to and stored on servers and equipment located in a destination outside your country of residence. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom North 3D has contracted to receive, store and process your personal information. In addition, North 3D and those third parties that it has designated may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through a game, you agree to the transfer, storage, and processing of your personal information as described in this section.


If you participate in online services, such as online play or the downloading and uploading of content, North 3D may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings, and achievements).

 

Disclosing Information

North 3D does not sell your personal data to third parties or provide such data to direct marketing companies or other such organisations without your prior consent. North 3D may disclose your personal information to:

  1. any business that supports North 3D’s products or services, including any person that hosts or maintains any underlying IT system or data centre that North 3D uses to provide the Website, Materials or Services, or to process payments, or to fulfil merchandise orders;

  2. its professional advisers e.g. accountants, lawyers, auditors; and

  3. any other person authorized by you;

 

GDPR TERMS

  1. If you are based in the European Union (“EU”) and use any of the Website, Software, Materials and Services, these additional terms (“GDPR Terms”) supplement and form part of North 3D’s Privacy Notice. The General Data Protection Regulation (“GDPR”) regulates the collection, processing and transfer of EU individuals’ personal data (as defined in the GDPR). The personal information is personal data under the GDPR. North 3D is committed to complying with the GDPR when dealing with personal data of our website visitors and service users based in the EU. For the purposes of the GDPR, North 3D is the data controller (as defined in the GDPR) when processing personal data collected by it when you use any of the Website, Software, Materials and Services.

  2. Processing personal data: The personal data North 3D may process consists of the personal information. This personal data may be processed for the purposes outlined in that privacy notice. The legal basis for North 3D’s processing of personal data depends on the type of personal data and the specific context in which it collects it. However, North 3D normally processes personal data only where (a) it has your consent to do so, (b) where it needs to process personal data to perform a contract with you (e.g. to provide the Website, Software, Materials or Services to you), or (c) where the processing is necessary for the purposes of North 3D’s legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).

  3. In addition to the above, North 3D may process any of your personal data where such processing is necessary for compliance with applicable laws or regulations.
    You do not have to provide North 3D with some information that is automatically collected when you use any of the Website, Sofware, Materials and Services, e.g. cookies. However, you must provide us with (a) your email address and username or (b) a username and Steam Account ID when using the Materials and Services. The consequence of not providing one or the other of these is that North 3D will not be able to set you up an Account in order to log into the Website or Game.

     

COOKIES NOTICE

Use of cookies

North 3D may place cookies on your computer. Cookies are alphanumeric identifiers which are transferred to your computer’s hard drive through your web browser to enable North 3D to recognise you whenever you access the Website and therefore better personalise your access of and use of the Website, Software, Materials and Services. A cookie does not identify you personally but it does identify your computer. North 3D uses cookies for the following purposes:

  1. a login cookie, which tells North 3D which Member Account you are currently logged in to the Website with; and

  2. a language cookie, which tells Grinding Gear Games what language you have set the Website to.

North 3D also uses Google Analytics to analyse your use of the Website and to analyse the demographics (on an aggregated and anonymous basis) of users of the Website. If you are based in the EU, North 3D only sets Google Analytics cookies once you login to your Member Account. If you would like to customise or opt out of these settings please visit: https://tools.google.com/dlpage/gaoptout. Information about Google’s cookies is available from: https://www.google.com.au/policies/technologies/types. Google’s privacy policy relating to its cookies is available at https://www.google.com/policies/privacy/partners/.
 

Control and deletion of cookies

You can control and/or delete cookies as you wish. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note, however, that if you do not allow the use of cookies or do not wish to provide certain information to North 3D, you may not be able to take full advantage of the Website, Software, Materials and Services.

 

Age restriction

If you are based in the European Union, you must not use the Website, Software, Materials and Services if you are under 16 years old, and if you are between the ages of 16 and 18, your parent or legal guardian must have consented to you accessing and using the Website, Software, Materials and Services.

If you are based outside the European Union, you must not use the Website, Materials and Services if you are under 13 years old, and if you are between the ages of 13 and 18, your parent or legal guardian must have consented to you accessing and using the Website, Materials and Services.

 

Termination
This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from North 3D if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Game and destroy all copies of the Game in your possession or control. Termination will not limit any of North 3D’s other rights or remedies at law or in equity. Sections 1(E), 2 through 10, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.

 

Disclaimer of Warranties
To the fullest extent permissible under applicable law, the Game is provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. North 3D and Norh 3D’s licensors (collectively “North 3D” for purposes of this section and section 6) do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, noninfringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. North 3D does not warrant against interference with your enjoyment of the Game; that the Game will meet your requirements; that operation of the Game will be uninterrupted or error-free; that the Game will interoperate or be compatible with any other application; that any errors in the Game will be corrected; or that the Game will be available for reinstalls to the same or multiple devices. No oral or written advice provided by North 3D or any authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

 

Limitation of Liability.
To the fullest extent permissible by applicable law, in no event shall North 3D be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction or any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to this license or the Game, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not North 3D has been advised of the possibility of such damage. Some jurisdictions do not allow a limitation of liability for death, personal injury, fraudulent misrepresentations or certain intentional or negligent acts, or violation of specific statutes, or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you. In no event shall North 3D’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Game.

Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.

Severability and Survival.
If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.

Governing Law.
The laws of the State of Florida govern this License and/or your use of the Game.

Entire Agreement.
This License constitutes the entire agreement between you and North 3D with respect to the Game and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by North 3D.