Overwolf Website terms of use

These Terms of Use (“Terms”) are a legally binding and an enforceable agreement between Overwolf, Ltd. (collectively with its affiliates and subsidiaries shall be referred to as “Overwolf”, “we”, “us”, or “our”), and the users and visitors of our website, who access to or otherwise interact with our website and the services therein, available at: https://www.overwolf.com/ ("website" and "user", "you" or "your", respectively), and other landing pages. 

BY ACCESSING, BROWSING OR OTHERWISE USING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. 

NOTE, THIS TERMS GOVERN AND APPLY SOLELY ON YOUR ACCESS AND USE OF OUR WEBSITE AND CONNECTED SERVICES AS DEFINED HEREIN. IF YOU ARE:

1. AN END USER THAT USES THE OVERWOLF PLATFORMS (AS SUCH TERMS DEFINED WITHIN THE OVERWOLF PLATFORM TERMS OF USE), OR USING ANY OTHER APPLICATIONS THAT WERE DEVELOPED AND OWNED BY OVERWOLF AND DISTRIBUTED THROUGH OUR PLATFORMS,  YOU WILL BE SUBJECT TO THE APPLICABLE POLICIES AND APPLICABLE TERMS OF USE; 
2. A DEVELOPER THAT USES THE OVERWOLF DEVELOPER PLATFORMS (AS SUCH TERM IS DEFINED IN THE OVERWOLF DEVELOPERS TERMS AND CONDITIONS), AND THE OVERWOLF SOFTWARE WHICH ENABLES INTEGRATION OF APPS, YOU WILL BE SUBJECT TO THE APPLICABLE POLICIES OF EACH OVERWOLF PLATFORM AND/OR OVERWOLF ELECTRON, AND TO THEIR APPLICABLE TERMS OF USE; 
3. A MOD AUTHOR THAT USES THE OVERWOLF CURSEFORGE PLATFORM (“CURSEFORGE”) FOR THE CREATION AND DISTRIBUTION OF GAME MODS (AS SUCH TERM IS DEFINED IN THE  OVERWOLF MOD AUTHORS TERMS AND CONDITIONS, YOU WILL BE SUBJECT TO THE APPLICABLE POLICIES OF CURSEFORGE AND TO THE APPLICABLE TERMS OF USE. 

THESE TERMS DO NOT APPLY ON OVERWOLF SAID SERVICES.

1. AMENDMENTS TO THE TERMS

Overwolf reserves the right to periodically amend or revise these Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Modified” header above. When material changes to these Terms occur, we will provide you with prior notice. Unless otherwise stated in such notice, the updated version of these Terms will become effective immediately upon such notice.

2. AMENDMENTS TO THE TERMS

The website provides information and resources about our business, platforms, services and other content related thereto, including without limitation, contact information, images, text, logos, icons, videos, and other specialized content and features (collectively “Content”). In addition, the website provides you with means of communication which you can use to contact us for support or other inquiries such as any question you have regarding our services, such as our platforms, our funding options and how to apply for such, our monetization services, participating in our blog and ideas center, application for a job, and more (the website, the Content, and all the services mentioned herein shall be referred to collectively herein as “Services”). Any information processed through such channels shall be subject to our Privacy Policy.

The website may include links to third party websites and resources that are not operated or owned by Overwolf (“Third Party Content”). Your interaction with Third Party Content is subject to your acknowledgment and adherent with such third party’s terms of use and other applicable policies (such as privacy policy). Overwolf have no control over such Third Party Content nor we are obliged to monitor it, hence, your interaction with the Third Party Content is at your own risk.

THE WEBSITE AND THE CONTENT THEREIN ARE INTENDED SOLELY FOR INFORMATIONAL AND BUSINESS PURPOSES. THE CONTENT IS NOT, NOR SHALL IT BE TAKEN AS PROFESSIONAL SERVICES OR ADVICE. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ANY ACTIONS TAKEN OR OMISSIONS BASED ON ANY CONTENT AVAILABLE ON OUR WEBSITE, WHICH ARE DONE AT YOUR OWN RESPONSIBILITY AND RISK.

Subject to the terms herein, Overwolf grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to use the Services solely for the purposes set forth herein. Except as expressly stated under these Terms, we or our licensor retain all rights, title ownership, and interest in and to the Services, copyrights and trademarks, images, logos product names, and trade names, to the fullest extent possible under applicable law. We or our licensor reserve all rights in and to the Services which are not expressly granted herein. 

Overwolf, at its sole discretion, and subject to these Terms, is entitled to determine the features, settings, pricing, or other tools which are available as a part of the Services or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the Services, with or without notice, without incurring any liability to you. 

YouTube API We use the YouTube API Services. By using our Services you agree to the YouTube Terms.

3. RESTRICTIONS OF USE

You hereby represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child”, “minor” or any other similar term, in your jurisdiction and, in any event, that you are not under the age of 16; and (iii) you will comply with all applicable regulation regarding you access to and use of the Services, including any intellectual property law.

You further represent and warrant to not, and to not authorize or encourage any third party to: (i) use the Services in non-compliant, unlawful, illegal, fraudulent, inappropriate, or unauthorized manner (including that which would infringe upon the rights of a third party) or that is in breach of applicable law; (ii) circumvent, disable or otherwise interfere with security-related features of the Services or prevent others from using the Services; (iii) copy, modify, or create a derivative work of the Services, in whole or in part; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (v) commercially exploit the Services or any portion thereof; (vi) use the Services in any fraudulent or unlawful manner; (vii) use the Services in any way that violates any provision of these Terms; (viii) remove, deface, obscure, or alter the Services including any copyright notices, trademarks, and other proprietary rights provided as part of the Services; (ix) create a database by systematically downloading and storing all or any Content; and (X) use, access or attempt to access the Services with any automated means (including robots, scrapers, etc.).

We will investigate any breach or alleged breach of these Terms and report to law enforcement authorities when necessary. We are entitled to prevent access from any user that we believe has breached or is likely to breach these Terms. We may also limit or prevent the use of our Services for any reason or no reason, at our sole discretion.

4. INTELLECTUAL PROPERTY

The Services are exclusively owned by Overwolf or by third party licensors. Except as explicitly provided herein, no license, right, title or interest in and to the Services are granted to you, and we or our partners reserve any and all rights, title and ownership in and to the Services (“Intellectual Property“). You shall not use any of Overwolf's copyrights, trademarks, trade names, logo or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms or subject to Overwolf's prior written consent.

You grant Overwolf a non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and use the User Content in connection with the Services. “User Content” shall include any images, data, text, photo, video, and other material that you may submit to the Services. You shall remain the owner of the User Content, and Overwolf does not claim any ownership of the copyright or other proprietary rights in such User Content. Notwithstanding the foregoing, you agree that Overwolf may retain copies of the User Content and use it as reasonably necessary for or incidental to its operation of the Services.

5. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) all required information you submit is truthful and accurate; (ii) you will not use the Service for any illegal or unauthorized purpose and your use of the Services does not violate any applicable law or regulation or these Terms; (iii) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; and (iv) the User Content will not include any content that infringes third party intellectual property rights, or includes harmful illegal content such as: gambling, illegal drugs, alcohol and medicine, sexual content, violent content, hate speech, etc. we reserve the right to remove any User Content that is not in compliance with these Terms upon becoming aware of such.  

Each user of the Services is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Services user, we are under no obligation to become involved. We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion.

7. DISCLAIMER AND LIMITATION OF LIABILITIES

Except as provided herein, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that Overwolf will not be held responsible for any decision made or action taken or not taken in reliance on the Services nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions or omissions. We make no representation or warranties that the Services are or will be available for use in any particular location or at any specific time. Except as expressly stated herein, Overwolf does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of and interaction with the Services.

1. 7.1
   YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, OVERWOLF, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “OVERWOLF GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, MALFUNCTION, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF OVERWOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS HEREIN THAT ARE CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OVERWOLF GROUP’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT OF FIFTY U.S DOLLARS ($50).

8. INDEMNIFICATION

You agree to defend, indemnify and hold the Overwolf Group harmless from any third party alleged claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of and interaction with the Services in a manner which is not compliant with these Terms and any other applicable terms governing such access and use, including your negligence and any wrongful act or rights’ infringement; and (ii) your breach of any applicable regulation. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.

9. TERMINATION

You can terminate these Terms at any time by ceasing your use of the Services. We may terminate these Terms at any time, with or without cause, effective immediately.

10. JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without giving rise to any conflict of law principals therein. You hereby agree to resolve any claim, dispute or controversy you have exclusively in the competent courts located in Tel Aviv - Jaffa, Israel.

11. MISCELLANEOUS

These Terms constitute the entire agreement between you and Overwolf with respect to your access to and use of the Services. If any provision of these Terms is held to be unenforceable by competent courts, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of the remaining provisions hereof under all circumstances. Overwolf's failure to enforce any rights or to take actions against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of Overwolf. Your relationship with Overwolf is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to create a partnership, agency, joint venture or employment relationship.

12. CONTACT US

If you have any questions about these Terms, please contact us at:

Overwolf, Ltd.
By email: support@overwolf.com or
By mail: Sapir Tower, 40 Tuval St. Ramat Gan, Israel, 5252247.