Terms of Service

Effective Date: 1-16-2025

Welcome to Overt Obsession! By accessing or using the Service, including playing the game, browsing the Overt Obsession website, or participating in any community links, you must agree to these Terms of Service and the Privacy Policy. By using the Service you confirm 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 on your behalf.

Overt Obsession reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service, Privacy Policy, or other policies at its discretion. Continued use of the Service after such modifications indicates your acceptance of the updated terms. If you do not agree to any portion of the Terms of Service, Privacy Policy, or other policies, your right to use the Service will be revoked, and you must discontinue use immediately.

1. Using the Service

By agreeing to comply with these terms you may:

• Download or stream a copy of the App onto your personal device and view, use, and display the app on such devices only for non-commercial purposes.
• Receive Future App Updates.
• Use the Overt Obsession website or participate in community links.
• Use documentation supporting or detailing gameplay.

2. Limitations

The following conditions must be met to use the Service:

• You are the legal age of majority in your country of residence and you accept the Terms of Service, Privacy Policy, and other policies in place. If you are not, your legal guardian must review and accept these terms on your behalf.
• If you download the App onto a device that you do not own, you must have the owner's permission and remain responsible for complying with these terms regardless of device ownership.

Restrictions:

• You may not rent, lease, load, or sell the Service in any form.
• You may not disassemble or create derivative works based on the Service.
• You may not infringe upon our intellectual property rights or those of any third party while using the Service, except as explicitly permitted by these terms.
• You may not use the Service in any illegal manner, for unlawful purposes, or in violation of these terms. This includes engaging in fraudulent or malicious activities, such as hacking or introducing harmful elements like viruses, malware, or malicious code into the App or connected systems.
• You must not transmit any content that is defamatory, offensive, or otherwise inappropriate while using the Service.
• You must avoid actions that could harm, disable, overload, or compromise the functionality, security, or performance of our systems or disrupt the experience of other users.
• You may not use cheats, hacks, exploits, or any external tools (software or hardware) to gain an unfair advantage within the game.

Failure to comply with these restrictions may result in your account being banned or restricted.

3. Purchase Terms

All in-app purchases are final, non-refundable, and cannot be transferred to new accounts. This applies to accidental purchases or purchases made by another individual using your device. However, you may contact support for assistance in restoring purchases to your existing account.

You are granted a personal, non-transferable right to use the App as described in these terms. This right cannot be transferred to others, whether for payment, exchange, or free of charge. If you sell or give away a device with the App installed, you must remove the App from the device beforehand.

4. Ownership

You are granted a license to use the App and the Documentation, but all intellectual property rights in these materials remain with their respective owners. This license does not transfer ownership, and you have no intellectual property rights to the App or the Documentation beyond the rights explicitly outlined in these terms. If you are interested in some of the game assets, check out the credits page in the game.

5. Updates to the Service

You acknowledge that the Service is continuously evolving. Overt Obsession may require you to accept updates to the Service or its games installed on your device or computer. You agree that Overt Obsession can update the Service and its games, with or without prior notice. Additionally, you may need to update third-party software periodically to access the Service and play Overt Obsession's games.

6. Third Party Links

The Service may contain links to third-party websites, advertisements, or other content that is not owned or controlled by Overt Obsession. These links are provided solely for your convenience and do not imply endorsement or approval by Overt Obsession of the content, products, or services of any third-party sites. Overt Obsession has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Overt Obsession is not responsible or liable for any damage or loss caused, directly or indirectly, by your use of or reliance on any third-party content or services. If you access or use third-party websites or services, you do so at your own risk, and you are subject to the terms and conditions of those third parties. Overt Obsession encourages you to review the privacy policies and terms of service of any third-party sites or services you visit.

7. User-Generated Content

The Service may allow you to create or submit content, such as game data, feedback, and suggestions. You agree that any content you submit will be treated as non-confidential and non-proprietary. By submitting content to the Service, you grant Overt Obsession a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, display, and create derivative works based on the content in connection with the Service. You represent and warrant that you have the right to grant this license and that your content does not infringe any third-party rights. Overt Obsession is not responsible for any content you submit, and we reserve the right to remove or modify any content at our discretion.

8. Termination of Service

Overt Obsession reserves the right to suspend or terminate your access to the Service at any time, without prior notice, for any reason, including but not limited to:

• Violation of these Terms of Service, the Privacy Policy, or any other policies associated with the Service.
• Engaging in conduct that is deemed harmful, disruptive, or illegal, or that could damage the reputation of Overt Obsession.
• Failure to comply with the legal requirements of your country of residence.
• Request by law enforcement or other governmental agencies.

If your account is terminated, suspended, or restricted for any reason, you will lose access to any content or in-game purchases associated with that account. Any payments made for in-app purchases are non-refundable. You may also terminate your own access to the Service at any time by discontinuing use of the Service and deleting your account or app, as applicable. Upon termination, all rights granted to you under these Terms of Service will immediately cease, and you must stop using the Service. Overt Obsession may, at its discretion, retain data or content associated with your account for legal, technical, or business purposes, as outlined in the Privacy Policy. Termination of access will not affect any rights or obligations accrued by either party prior to the termination.

9. Disclaimer of Warranties

The Service is provided “as is” and “as available” without any warranties of any kind, whether express, implied, or statutory. Overt Obsession disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will meet your requirements, be uninterrupted, secure, or error-free, or that any defects in the Service will be corrected. You acknowledge that your use of the Service is at your own risk, and Overt Obsession does not make any representations regarding the quality, accuracy, or reliability of the Service.

10. Limitation of Liability

To the maximum extent permitted by law, Overt Obsession shall not be liable to you for any indirect, incidental, consequential, special, punitive, or similar damages, including but not limited to loss of revenue, lost profits, loss of data, business interruption, or other intangible losses, arising from or related in any way to these Terms of Service or the Service itself, regardless of whether such damages are based on contract, tort, or any other legal theory, and even if Overt Obsession has been advised of the possibility of such damages. To the extent not prohibited by law, Overt Obsession’s total liability to you for any claims related to these Terms of Service or the Service shall not exceed the amount you have paid to Overt Obsession under these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. If you have not made any payments to Overt Obsession during such time period, your sole remedy, and Overt Obsession's exclusive liability, for any dispute with Overt Obsession shall be to cease using the Service and cancel your account. Nothing in these Terms of Service shall affect your statutory rights as a consumer or exclude or limit Overt Obsession's liability resulting from gross negligence, willful misconduct, or any liability arising from death or personal injury caused by negligence or fraud on the part of Overt Obsession. You agree to indemnify, defend, and hold Overt Obsession (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claims, demands, damages, or other losses, including reasonable attorneys' fees, arising from or related to your use of the Service or any breach of these Terms of Service, except in cases where the infringement of rights is not caused by your intentional or negligent behavior.

11. Dispute Resolution

Informal Resolution

If a dispute arises between you and Overt Obsession regarding the Service or these Terms of Service, both parties agree to first attempt to resolve the issue informally by contacting the other party. You may contact us at overtobsession@gmail.com. We will attempt to respond and resolve the matter in good faith within 30 days of receiving your notice.

Arbitration Agreement

If the dispute cannot be resolved informally, you and Overt Obsession agree to resolve any claim, dispute, or controversy arising out of or in connection with these Terms of Service or the Service exclusively through binding arbitration, rather than in court. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA), and the arbitrator’s decision will be binding and enforceable in any court of competent jurisdiction.

1. Arbitration Location: Unless otherwise required by applicable law, arbitration shall be conducted in Wyoming. If you are located outside this region, you may request to conduct the arbitration remotely.
2. Costs and Fees: Each party will be responsible for its own costs and expenses incurred in the arbitration, unless the arbitrator determines that the claim was frivolous or brought in bad faith.
3. Exclusions: This arbitration agreement does not prevent either party from seeking injunctive relief in a court of law to prevent or stop unauthorized use or abuse of the Service or intellectual property infringement.

Class Action Waiver

You and Overt Obsession agree that any disputes will be resolved on an individual basis and not as part of a class, consolidated, or representative action. The arbitrator may not consolidate claims of multiple parties and may not preside over any form of a representative or class proceeding.

Jurisdiction

For claims that cannot be resolved through arbitration or informal resolution, you agree to submit to the exclusive jurisdiction of the courts located in Wyoming, and waive any objection to venue or jurisdiction in such courts.

12. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. By using the Service, you agree that any legal action or proceeding arising under or in connection with these Terms of Service shall be brought exclusively in the competent courts located in Wyoming, and you consent to the jurisdiction of such courts. You further agree that, except as otherwise provided in these Terms of Service, any claim or dispute that may arise between you and Overt Obsession will be resolved exclusively under the laws of the State of Wyoming, regardless of where you are located or where the Service is accessed.

13. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions. Any unenforceable provision shall be modified to the extent necessary to make it enforceable while maintaining the original intent of the provision. If such modification is not possible, the provision shall be deemed removed, but this shall not affect the validity and enforceability of the remaining provisions.