Last modified: 08/08/2024

Orka Games Inc. (“Orka“) publishes mobile game applications (the “Games“), and these terms of use (the “Terms of Use“) govern the relationship between you and Orka regarding your use of the Games, your use of the orkagames.com website (the “Site“), and more generally, your use of Orka’s products or services (collectively with the Games, the “Services“). By using the Site or the Services, including downloading any of the Games from application stores, you agree to these Terms of Use. If you do not agree to all these Terms of Use, please do not use the Site or the Services.

The Terms of Use are written in French and can be translated into other languages at the discretion of Orka. The French version takes precedence in case of contradictions between the French version and its translation.

Orka reserves the right, at its sole discretion to change, add or remove portions of these Terms of Use, at any time. Orka will inform you of any such changes by posting the revised Terms of Use on the Site or within the Services. It is your responsibility to periodically check these Terms of Use, available, for changes.  Your continued use of the Site and the Services following the posting of changes will mean that you accept and agree to such changes.

If you do not comply with these Terms of Use, Orka may take action against you, including terminating your account or suspend the Services. You acknowledge that Orka has no obligation to refund you or restore the Services lost due to the suspension or termination of your account.

PRIVACY

 

To provide you with the Services, Orka may need to collect certain information about you. Orak only use your information when permitted by law. For more details on the information collected, how Orka use it, and the choices available to you, please refer to Orka’s Privacy Policy.

 

COMPATIBILITY AND REQUIREMENTS

Site and Services usage requires the use of a compatible device and access to the Internet. You agree that you are solely responsible for meeting these requirements and for any fees, charges or expenses associated with the use of your devices, including but not limited to those relegated to Internet access. Orka does not warrant or guarantee that the Site will function with your devices or be compatible with any particular device.

 

YOUR ACCOUNT

In order to use certain Services, you will have to create an account, and you will also need access to a supported mobile phone and an Internet connection. You can create your account using (i) a pre-existing Google account; (ii) a pre-existing Facebook account; or (ii) any other third-party accounts that we support, as selected by you on the account creation screen.

The login credentials you created are solely for your personal use and you will not sell, transfer or sublicense them to any other person. Except to the extent caused by a breach of its obligation pursuant to these Terms of Use, Orka shall not be responsible for any unauthorized access to your account and you are solely responsible for all activities in your account, regardless of whether the activities are authorized by you or not and whether undertaken by you or a third party. Orka reserves the right to refuse service or to close your account at its sole discretion.

 

 

LIMITED LICENSE TO USE

Subject to your compliance with these Terms of Use, Orka grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to: (i) download and install one copy of the Games on a mobile device and use that copy solely for your personal, non-commercial purposes; and (ii) download, view, display, and use, solely in connection with your authorized use of the Services, the texts, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, as well as any information or other materials generated, provided, or otherwise made available through the Services (the “Content“), including any such Content that a user provides to be made available through the Services (the “User Content“).

You agree that by providing or submitting User Content through any means of transmission, including your suggestions, ideas, and comments, you grant Orka permission to use such material in the operation of its business. No compensation will be paid for the use of said User Content, and Orka will have no obligation to publish or use it.

Orka reserves all rights in and to the Site, the Services and the Content not expressly granted to you under these Terms of Use.

 

 

AGE

 

Your access to and use of the Services constitute your representation and warranty that you are of legal age to enter into a contract. If you are not of legal age, you represent that you have the written consent of a parent or legal guardian. You further represent that no local, state, federal, or international jurisdiction has prohibited you from using or accessing the Services.

INTELLECTUAL PROPERTY

 

The Site, the Services and the Content, including without limitation the trademarks, text, logos, slogans, images, drawings, graphics, illustrations, photographs, videos, musical excerpts, downloads, technical programs and business processes, is owned or otherwise provided or used under license by Orka. Orka does not represent or warrant that any uploaded content from third parties does not infringe the rights of any third party. All the content of this Site and the Services is subject to Orka’s intellectual property rights under applicable laws of Canada or other countries and international treaties. Any unauthorized use of this content, including without limitation any reproduction, distribution, transmission or communication to the public without prior written authorization of Orka is prohibited.

 

 

Without limiting the generality of the foregoing, you recognize that the trademarks displayed on this Site and the Services are trademarks, registered or unregistered, of Orka or third parties, are the property of their respective owners and cannot be used without the prior written authorization of their respective owners. You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through the Site or the Services except as expressly authorized herein or in the applicable end-user license agreement.

 

No element of this Site or the Services shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of the intellectual property contained therein, except with the express written consent of Orka or the owner of such intellectual property.

 

 

ONLINE PURCHASING

When conducting online purchases with Orka, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if Orka has reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, Orka has the right to void related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.

 

Games include virtual in-game currency (“Virtual Currency“), that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items“). Please note that Orka does not handle and is not responsible for handling transactions acquiring Virtual Currency or Virtual Items. All transactions are handled by third-party e-commerce payment providers (“Third-Party Payment Provider”). By purchasing in-game Virtual Currency, you are bound by and agree to the Third-Party Payment Providers’ terms of use.

In addition to all Third-Party Payment Provider obligations, the following shall apply: In no way can Virtual Currency or Virtual Items be exchanged with Orka or anyone else for real money, goods, other items, or services of monetary value. Transferring Virtual Currency or Virtual Items outside the Games is strictly prohibited.

You also agree that all sales of Virtual Currency and Virtual Items are final. Neither Third-Party Payment Providers nor Orka issue refunds for completed transactions except as provided in this Terms of Use. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them. In the event your account is limited, terminated, suspended, modified, or deleted for any reason, at Orka’s sole and absolute discretion, or if Orka discontinues its Services, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. Orka has the absolute right to manage, regulate, control, modify, or eliminate Virtual Currency or Virtual Items as it sees fit and at its sole discretion, and Orka is under no obligation to compensate you or anyone else for any resulting losses.

In case of a refund, Third-Party Payment Processor’s terms of use regarding refunds will apply.

 

 

THIRD PARTY WEBSITES

The Site or the Services may contain hyperlinks enabling users to visit external websites, owned and operated by third parties. Orka has no control over these external websites and does not guarantee their content. You assume full responsibility for your use of these sites and fully release Orka from all liability. Under no circumstances, the inclusion, on the Site or in the Services, of a hyperlink to a third-party website shall not, under any circumstances, be interpreted or construed as an endorsement, by Orka, of any representation or information contained on any such website or as a partnership or affiliation with the owner of any such website. Your use of third-party websites is subject to the terms of use of these websites.

 

 

 

LIMITED WARRANTIES

 

TO THE EXTENT PERMITTED BY LAW, THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES. ORKA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM PRIOR DEALINGS OR USAGE OF TRADE. ORKA DO NOT GUARANTEE (i) THAT THE SERVICES WILL MEET YOUR NEEDS OR BE AVAILABLE CONTINUOUSLY, SECURELY, OR ERROR-FREE; OR (ii) THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR COMMUNICATIONS AND INTERACTIONS, BOTH ONLINE AND OFFLINE, WITH OTHER USERS OF THE SERVICES AND WITH ANY INDIVIDUALS YOU INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES.

 

 

 

LIMITATION OF LIABILITY

 

TO THE EXTENT PERMITTED BY LAW, ORKA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE. THESE DAMAGES MAY ARISE FROM OR BE CONNECTED TO THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR THE SERVICES. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EVEN IF A LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ORKA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR THE USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT WILL NOT EXCEED ONE THOUSAND CANADIAN DOLLARS ($1,000 CAD). THE ABOVE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT BETWEEN ORKA AND YOU.

 

 

 

RISKS ASSOCIATED WITH THE INTERNET

 

Communication over the Internet is subject to interception, loss or alteration and you acknowledge that Orka shall not be held liable for damage resulting from the transmission of confidential information or personal information over the Internet and that such communications are at your own risk.

 

 

 

TERMINATION OF USE

 

Orka reserves the right to terminate, at any time and without prior notice, your right to access the Site, the Services or your account for any reason, including because Orka reasonably believes that (i) your usage (a) pose a security risk to Orka or any third party, including other clients of Orka; (b) could adversely impact the Site, the Services, Orka’s systems or of any other person’s system; (c) could subject Orka or any third party to liability; or (d) could be considered fraudulent; (ii) you are in breach of these Terms of Use; or (iii) you are in breach of any payment obligations toward Orka. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.

 

 

 

CHANGES TO SERVICES OR SITE

 

Orka may, at its sole discretion without notice or delay, modify at any time the Services or the Site or any part thereof, including to suspend the Site, to modify or withdraw Services. Orka will not be responsible in any way, to any party for any loss or damages that may result, directly or indirectly from any (i) modification or suspension of the Services or the Site; or (ii) withdrawal of Services, including Games or products offered thereon.

 

 

GENERAL DISPOSITIONS

 

Interpretation. In these Terms of Use (i) the headings have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof; (ii) where appropriate, the singular number set forth herein shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine or neuter, as the context dictates; (iii) “or” is used in the inclusive sense of “and/or”; and (iv) the terms “herein”, “hereof”, “hereto”, “herewith”, “hereunder”, “hereby”, and other similar terms,  generally refers to these Terms of Use as a whole rather than to a specific part thereof, unless otherwise indicated in the text.

Divisibility. In the event that any provision of these Terms of Use is deemed to be invalid or unenforceable, in whole or in part, such provision will, whenever possible to do so, be interpreted, construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. All the remaining provisions of these Terms of Use will remain valid and continue to bind the parties.

Notice. Any notice required to be given by Orka under these Terms of Use shall be deemed properly given (i) on the date of transmission if sent by email; or (ii) on the date of posting if made available through the Services.

No Waiver. Under no circumstances shall the failure, negligence or tardiness of Orka as regards to the exercise of a right or a recourse provided for in these Terms of Use be considered to be a waiver of such right or recourse. The waiver of a right shall not be interpreted as the waiver of any other right.

Governing Law. These Terms of Use shall be governed by the laws of the Province of Québec, Canada and you consent to submit all disputes or disagreements arising pursuant to these Terms of Use to the exclusive jurisdiction of the courts of the Province of Québec, judicial district of Montreal.

CONTACT US

 

If you have any questions regarding these Terms of Use or the Services, please contact Orka at support@orkagames.com.