Octo Games User Agreement and Rules

In this document are Octo Games ("We", "Us", "Our") rules and User Agreement. In order to play any of Our games ("Game") and be allowed to be part of the community, you ("You" or "User") must first agree to this User Agreement ("User Agreement") between you and Us ("Octo Games"). PLEASE READ THIS USER AGREEMENT CAREFULLY. If you agree by downloading Octo Games Launcher or making an account on this website, you declare that you have read this User Agreement, you understand the terms of this User Agreement, and you agree to be bound by this User Agreement on behalf of yourself. No one under the age of 18 may play the Game. Once you agree, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Game.

1. YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIP RIGHTS

The Game includes software that is installed on your computer, as periodically updated by Us, as well as data that Octo Games maintains on its servers. Subject to your continued compliance with the conditions set forth in this User Agreement, Octo Games grants you a limited license to use the Game. In order to play the Game, in addition to this User Agreement, you must also agree to the Octo Games Privacy Policy available at https://octo.games/legal/privacy ("Privacy Policy"), and the Octo Games Terms of Service. The Privacy Policy and Terms of Service are incorporated by reference into this User Agreement (collectively, the "Agreements").
All aspects of the Game (including but not limited to the Game computer code, updates, patches, expansion packs, characters, character names, character data, virtual items, character profile information, (non-personal) account information, chat transcripts, artwork, plot, dialogue, locations, sounds and music) are owned by their respective parties. You do not have any property rights in the service account you use to play the Game. Octo Games only claims ownership of Octo Games Launcher.
YOU ACQUIRE NO OWNERSHIP OR PROPERTY RIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOOD, AND ARE ONLY LICENSED TO USE SUCH CHARACTERS AND ASSETS ASSOCIATED WITH YOUR ACCOUNT SUBJECT TO THE CONDITIONS SET FORTH IN THE AGREEMENTS. YOU AGREE THAT YOUR ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANY MONETARY VALUE. OCTO GAMES MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS, CHARACTERS, VIRTUAL GOODS, OR THE SERVICE ALTOGETHER, AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE OR LIABILITY TO YOU.

2. LICENSE LIMITATIONS

The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players. In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of Octo Games, the activities identified in this Section 2 ("License Limitations") are strictly prohibited and violate the conditions or limitations on your license to use the Game. Therefore, any use of the Game in violation of such restrictions exceeds the scope of the License granted to you and constitutes infringement of your license, and is grounds for immediate revocation of your license.

Violating these License Limitations may result in the suspension or permanent banning of your account, or such other lesser measures described in Section 3 which Octo Games may take in its sole discretion.

Octo Games may update the list of License Limitations at https://octo.games/legal/rules at any time. The current License Limitations are as follows:

2.1 Cheating and Botting. You may not create or use any unauthorized cheats, bots, automation software, hacks, mods or any other unauthorized software or hardware designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.
2.2 Real Money Trading, Farming and Power-Leveling. You may not sell, purchase or exchange for real-world money or value any in-game currency, accounts, characters, in-game services, or in-game virtual items. You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including "gold-farming" and power-leveling services.
2.3 Commercial Use. You may not exploit the Game for any commercial purpose (for example, advertising any product or service in-game) without Octo Games' prior written consent.
2.5 Data Mining. You may not intercept, mine or otherwise collect information from the Game using unauthorized third party software.
2.6 Hacking and Circumvention. You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, except as expressly permitted by Octo Games or applicable law.
2.7 Modifying or Creating Derivative Software. You may not modify or cause to be modified any files that are a part of the Game or Service in any way not expressly authorized by Octo Games, and may not make any derivative works of the Game.
2.8 Commercial Spamming/Spimming. You may not use (or abuse) the in-game chat and message services to distribute advertisements.

3. PROHIBITED ACTIVITIES

In addition to the License Limitations, there are other activities that you are forbidden from doing in connection with the Game ("Prohibited Activities"). In its discretion, Octo Games may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following:

  • Issuing a warning;
  • Placing a character in a "virtual jail" for a specified period of time;
  • Removing or deleting ill-gotten in-game items or currency;
  • Temporarily suspending an account;
  • Permanently terminating an account;
  • Permanently banning your IP address, residential address, or credit card number;

In addition, Octo Games shall be entitled to terminate any Account (immediately and without notice) of any User who (1) was previously suspended or terminated by Octo Games and who Octo Games believes (in its sole discretion) re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) Octo Games believes (in its sole discretion, based upon any information available, including registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind.

Octo Games may update the list of Prohibited Activities at https://octo.games/legal/rules at any time. The current Prohibited Activities are as follows:

3.1 Sharing Account Information. You may not share your account or login information (such as your Octo Games account name and password) with anyone except Octo Games. You are responsible for maintaining the confidentiality of your account and login information, even from your friends and family. If you violate this provision, you may unexpectedly lose access to your account to a third party without recourse against Octo Games. Octo Games will not be obliged to credit your Octo Games Account with any coins, points or awards, which may have been used by a third party as a result of the violation of this clause.
3.2 Disruption. You may not in any way disrupt or interfere with the Game experience of other players, including the disruption of Octo Games' computers and servers.
3.3 Profanity and Offensive Language. You may not use profanity or any language that a reasonable person would find offensive. The Game is for players aged 18 and older, but being nice is key to build a great community. You agree to behave accordingly.
3.4 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself out as a Octo Games employee, representative, or any other Octo Games-connected person or being affiliated with any such person or entity. This means you cannot log into someone else's account, or deceive or mislead other people as to your identity. For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users.
3.5 Naming Right. You may not use any name or other intellectual property belonging to any third party in your use of the Game (for example, naming a character after a celebrity, company, product, or superhero).
3.6 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with the Game. This includes every illegal activity not specifically highlighted above, including without limitation gambling, defamation, harassment, and fraud.
3.7 False Account Information. You may not provide Octo Games with false information during the registration process. Any inaccurate or non-current account information may make it impossible for Octo Games to provide you with notice.
3.8 Chargebacks. You are authorizing all transactions charged under this User Agreement until you properly deactivate your account. Therefore, you may not falsely notify your credit card or debit card provider that you did not authorize a charge.
3.9 Non-Commercial Spamming/Spimming. You may not use (or abuse) the in-game chat and message services to harass other players.

4. BILLING PROCEDURES

All Octo Games Services are free of charge. You may choose to purchase Octo Coins as a means to support Octo Games for providing these Services. By purchasing Octo Coins you agree that your intentions are helping Octo Games cover Infrastructure costs, and as a thanks for providing the Octo Games Website (https://octo.games), Octo Games Launcher, and Octo Games' Minecraft Server ("OctoCraft") for free, and no other intentions.

When you buy Octo Coins you agree to our billing partner's (MinMax Market) Refund Policy, located at https://minmax.market/about/tos#refund.

In the event of Chargebacks, cancelling bank transactions, or using unauthorized credit card data, Octo Games holds the right to revoke access to your account and any account Octo Games may deem connected to it, permanently or until said disputes are solved.

5. INTERRUPTION TO THE SERVICE

From time to time, in order to provide our customers with the optimal gaming experience, it is necessary for Octo Games to conduct routine maintenance on the computers and/or servers that support the Game. During these times, access to the Game or support services may be interrupted. Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond Octo Games' control, or any other reasons for which Octo Games, in its sole discretion, deems that temporary suspension is necessary. You acknowledge that disruptions of service may occur and waive any causes of action against Octo Games in any way arising from or related to any such disruptions of service.

6. INTERNET ACCESS AND EQUIPMENT

You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, or videogame consoles) and internet access necessary to play the Game, and for ensuring such equipment and services are compatible with all requirements of the Game.

7. PRIVACY AND USE OF INFORMATION

By playing the Game, you agree to Octo Games' Privacy Policy, which is incorporated into this User Agreement by reference. The Privacy Policy governs how Octo Games will use and share your information, except as modified herein. You agree that Octo Games may use the information you provide (such as IP address, e-mail address, or home address) in order to identify you and contact you to deliver notices, and may send you product-related marketing information. You acknowledge that Octo Games will be monitoring your use of the Game to help you play the Game, for our internal analysis to help us improve our games and services, to investigate disruptive activities or Prohibited Activities, and to confirm that you are abiding by the terms of this User Agreement and related agreements. In order to protect Octo Games's staff and customers, Octo Games may cooperate with federal, state and local law enforcement with or without the receipt of a formal subpoena or search warrant. You acknowledge and consent that Octo Games may provide your electronic communications and data, including e-mails and chat logs, to such government authorities, without any liability to you or any third party. You hereby provide your consent to such actions.

8. TERM AND TERMINATION

This User Agreement will begin when you first agree to it and will remain in effect until terminated. Octo Games may terminate this User Agreement at any time without notice. Octo Games reserves the right to discontinue publishing the Game in your country at any time, at which time the User Agreement will be terminated for all affected Users. As described in Section 3 (Enforcement for Violations) above, breach of this User Agreement may automatically terminate your license to use the Game. Upon any termination of this User Agreement or the Octo Games Account Terms of Service, you must uninstall, delete and/or destroy all copies of the Game (including all of its component parts) in your possession. The following sections shall survive any termination of this User Agreement: 1 (excluding the terminated license grant), 2, 3, 4, 7, and 9.

9. GENERAL TERMS

9.1 Indemnification. You agree to indemnify and hold harmless Octo Games and its parent, subsidiaries, affiliates, partners, officers, employees and agents from any claim, demand, or loss (including reasonable attorney's fees and court costs) incurred due to your usage of the Game, your engagement in Prohibited Activities, and/or arising out of or related to content you submit, post, link to, transmit, or make available through the Game, your violation of this User Agreement, or your violation of any rights of another User.
9.2 Disclaimer of Warranties. ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTO GAMES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. OCTO GAMES IS MAKING THE GAME AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME. OCTO GAMES DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.
9.3 User Disputes. You shall be solely responsible for resolving any and all disputes that may arise between you and other Users in connection with the Game, and for paying any and all expenses incurred by you in connection with resolving such dispute. Octo Games shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.
9.4 Severability. If any sentence or any provision of this User Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this User Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
9.5 No Waiver. No waiver by Octo Games of any term, provision or condition of this User Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this User Agreement. No Octo Games customer service representative or any other personnel of Octo Games who interacts with you is legally empowered to bind Octo Games to any amendment or waiver of the terms of this User Agreement.
9.6 Assignment. Octo Games shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this User Agreement in whole or in part to a third party at any time without notice to Users. Each User's rights are personal to such User and may not be assigned.
9.7 Entire Agreement. This User Agreement, together with the Octo Games Account Terms of Service, the Privacy Policy, and any other terms of service relevant to your use of the Game, such as the user manual, constitutes the entire understanding and agreement between the parties with respect to your use of the Game and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein.
9.8 Changes to this User Agreement. Octo Games reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this User Agreement or the way that the Game operates at any time. Octo Games will notify you of such changes in one of the following ways at its sole discretion: through a patch, email, postal mail, website posting, pop-up screen or in-game notice. If you do not agree to any such change or modification, you may terminate this User Agreement by uninstalling the Game and destroying your copy(ies). Your continued use of the Game following any revision to this User Agreement will demonstrate your full acceptance of any and all such changes.

Updated: 2021-11-03