Overwolf's Terms of Service
Overwolf provides an in-game toolset, allowing applications to be displayed as an overlay above the graphic representation of a computer game using software (“Software”) available for download at the Overwolf website located at www.overwolf.com (the "Site"). For purposes of these Terms of Service (the “Terms”), "Overwolf" shall include Overwolf Ltd., and its divisions, subsidiaries, successors, parent companies, if any, and their employees, partners, principals, agents and representatives, and any blogs, forums, sources of information or data available on the Site.
Please read the Terms carefully. These Terms govern your access to and use of the Site, including any information or data made available through the Site, any IM, VOIP, Video or chat services, or any blogs or forums available on the Site (collectively, “Services”).
Overwolf grants you a limited license to access and use the Site and Services subject to the terms and conditions of these Terms for your personal use only. This license does not allow you to make any commercial use or any derivative use of the Site or the Services (including any of its individual elements or Content (as defined below). You acknowledge that Overwolf may, at its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this Agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Overwolf.
Intellectual Property & Content
Overwolf owns the Site, including all worldwide intellectual property rights in the Site, and Services, and the trademarks, service marks, and logos contained therein. Overwolf hereby grants you a limited, revocable, non sub licensable license to use the Site and Services solely for your personal use. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services.
Certain types of content may be made available through the Site. “Content” as used in these Terms means, collectively, all content on or made available through the Site, including but not limited to information on any videos, blogs or forums available on the Site. Overwolf reserves the rights to remove and permanently delete any Content from the Site without notice.
Trademarks and Logos
Overwolf may provide you with the opportunity to download its logos, service marks and trademarks (together, the “Marks”) through the Site. All Marks are the property of Overwolf and constitute important and valuable assets. All download and use of Marks are subject to the terms and conditions set forth herein. You may not use any Marks except as expressly set forth herein.
You may refer to Overwolf products and services by their associated Marks, so long as such references (a) are truthful, fair, and not misleading, and (b) comply with these Terms. You may not incorporate Marks into your own product names, service names, applications, products, trademarks, logos or company names, and you may not adopt marks or logos that are confusingly similar to the Marks. You may not alter the Marks in any way or use them to refer to goods or services for which they were not originally intended. You may not use Marks on or in connection with any defamatory, scandalous, pornographic, or other objectionable materials of any sort, or in connection with any material that violates any applicable law, rule or regulation.
You must use all trademarks, tradenames and service marks as adjectives to refer to the Overwolf products. You may not use any of the foregoing as nouns or verbs, pluralize them or make them a possessive. You may not join any of the foregoing to other words, symbols, or numbers, either as one word or with a hyphen.
A Mark should be followed by a notice that it is being used as a trademark whenever possible. The trademark superscript symbol is preferred, but if it is not available, use parentheses such as, for example: (TM).
To create an account, you must select a username and password. Your username is your Overwolf identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your Overwolf account.
You should not reveal your password to other users. Overwolf will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates Overwolf Terms. If your account is terminated, you may not join Overwolf again without its express permission.
You agree to immediately notify Overwolf of any unauthorized use of your Overwolf account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Overwolf will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Overwolf harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account.
Termination of Account
You agree that Overwolf may for any reason, at its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include but shall not be limited to (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of Overwolf.
If Overwolf believes, at its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your Overwolf account at any time and for any reason by sending an email to Support@overwolf.com. Any suspension, termination, or cancellation shall not affect your obligations to Overwolf under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Disclaimers & Disclaimer of Warranty
Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Overwolf. OVERWOLF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. OVERWOLF DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY OF THE SITE, CONTENT, AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES. Overwolf is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Overwolf takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from Overwolf, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation Of Liability
IN NO EVENT SHALL OVERWOLF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OVERWOLF'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS EXCEED U.S. $100.
The Site, Services or Content may provide links to third-party websites or resources. You acknowledge and agree that Overwolf is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that Overwolf does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree you will not do any of the following while using or accessing the Site or any content thereon:
- Use the Site, Content, or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
- Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the Site, servers, or networks connected to the Site, or the technical delivery systems of Overwolf's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Attempt to probe, scan, or test the vulnerability of any Overwolf system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site;
- Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Overwolf or other generally available third-party web browsers, including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
- Violate the Terms or any other rule or agreement applicable to you or Overwolf through the Site's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third -party site or service;
- Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or
- Use the Site or content thereon in any manner not permitted by this Agreement.
You agree to defend and indemnify Overwolf and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site Services; or (ii) your violation of any of these Terms.
In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Overwolf may assign this agreement or any rights hereunder without your consent. These Terms shall be governed by and interpreted in accordance with the laws of Israel excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in Israel and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms and the rules, restrictions, and policies contained herein, and Overwolf's enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Overwolf.
End-user license agreement
Overwolf's End-user license agreement
The terms below are a binding agreement. By clicking “I agree” below or by downloading, installing or activating or using this software, you acknowledge that you have read this end user license agreement (the “Agreement”), that you understand it, and that you agree to be bound by its terms. If you do not agree to the terms and conditions of this agreement, promptly exit this page without downloading, installing or activating the software.
Grant of License for Registered Users
Overwolf Ltd. (“Licensor”) grants you a non-exclusive license to use the program with which this license is distributed (the “Software”), including any documentation files accompanying the Software (“Documentation”) only in connection with a single discrete computer. All copyright notices must be retained at all times. The Software and Documentation shall be used only for your own personal, non-commercial use and not for the benefit of any other person or entity.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Licensor or its licensors. Any other use of the Software or Documentation by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
The Software and Documentation contain material that is protected by copyright law and trade secret law, and by international treaty provisions. All rights not granted to you herein are reserved to Licensor. You may not remove any proprietary notice of Licensor from any copy of the Software or Documentation.
This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You must protect the Software and Documentation consistent with Licensor's rights therein, including informing persons who are permitted access thereto in order to satisfy your obligations hereunder and maintain the confidentiality of the Software and Documentation. You may not:
- publish, display, disclose, rent, lease, modify, copy, loan, distribute, or create derivative works based on the Software or any part thereof;
- reverse engineer, decompile, translate, adapt, or disassemble the Software;
- attempt to create the source code from the object code for the Software;
- transmit the Software over any network or between any devices;
- sublicense or permit use of the Software by more than one user; or
- attempt to disable or circumvent any activation protection mechanism accompanying the Software or assist third parties to do so.
The Software and Documentation is provided “as is”. To the maximum extent permitted by law, Licensor disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that the functions contained in the Software will meet any requirements or needs you may have, or that the Software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Software will be corrected, or that the Software is compatible with any particular platform. Licensor is not obligated to provide any updates to the Software. Some jurisdictions do not allow the waiver or exclusion of implied warranties.
Limitation of Liability
In no event will Licensor be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Software or Documentation, or for any claim by any other party, even if Licensor has been advised of the possibility of such damages. Licensor's liability with respect to its obligations under this Agreement or otherwise with respect to the Software and Documentation or otherwise shall not exceed the amount of the license fee paid by you to Licensor for the Software and Documentation. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Overwolf is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Software. Under no circumstances shall Overwolf be responsible for any loss or damage resulting from use of the Software, from any content posted on or through the Software, or from the conduct of any users of the Software.
You may not export the Software in violation of applicable laws and regulations.
You agree to defend and indemnify Overwolf and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Software; or (ii) your violation of any of the terms and conditions of this Agreement.
The Overwolf client may include certain software made available under open source licenses (the “Open Source Software”). A list of such Open Source Software is available in Overwolf’s installation folder under “Licenses”. To the extent required by the applicable open source licenses, the terms and conditions of such licenses shall apply to the Open Source Software in lieu of the terms and conditions of this Agreement. Notwithstanding anything to the contrary in this Agreement, Overwolf makes no warranties in respect of Open Source Software in excess of the warranties set forth in the applicable open source license itself, and accepts no liability in respect of Open Source Software in excess of the limitation of liability set forth in the applicable open source license. If any license requires Overwolf to provide source code, Overwolf shall make such source code available to you upon your written request according to the terms of the applicable open source license.
Licensor may terminate this Agreement at any time if you violate its terms. Upon termination, you must immediately destroy or return to Licensor the Software and Documentation and cease all use thereof. Sections 2 (Ownership), 3 (Copyright), 4 (Restrictions), 5 (No Warranty), 6 (Limitation of Liability), 8 (Indemnification) and this Section 10 (Termination) shall survive the termination or expiration of this Agreement for any reason.
This Agreement shall be construed, interpreted and governed by the laws of the State of Israel without regard to conflicts of law provisions thereof. This Agreement shall constitute the entire agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties. Any other agreement between the parties must be in writing and signed by an authorized Overwolf representative. This product uses the Skype API, but is not endorsed, certified or otherwise approved in any way by Skype.
Overwolf respects your right to privacy. Your ability to make informed choices about the uses of your information is important to us. This privacy statement explains Overwolf’s policy regarding the collection, use, disclosure and protection of Personal Information. The terms of this privacy statement apply to information collected from you unless different terms are specified as part of a special offer or in another form or contract we provide you.
To make your Overwolf experience more personal, you may choose to (but you don’t have to!) provide us some personal information (like your email address, for example). "Personal Information" is information that can be directly associated with a specific person or entity such as a customer’s name, address, telephone number, e-mail address, credit card number, or information about activities directly linked to that person, such as his or her purchases. We collect Personal Information that you provide to us in all of our services and products including the Overwolf client, the Overwolf Appstore, MadOrc etc, such as when you register for Overwolf or other services via Overwolf, post information in a blog or forum, or contact us for any reason. We also collect information received from third parties to the extent that they have entered into an agreement with you as a result of your relationship with Overwolf.
If you choose to provide Personal Information (such as your name or email address) to us, we will not share this information with third parties or other Overwolf users without your explicit permission (Yes, you must approve this! If you don’t, we will not share this information), except when required by law, regulation, subpoena or court order (don’t break the law and you should be just fine). We may use Personal Information internally – for example, to help diagnose problems with our servers, to make Overwolf more useful, to customize and personalize Overwolf’s content, and to send informational newsletters to you.
"Statistical Information" is anonymous information we collect in order to understand our users better, and to improve our products. (As an example, "Statistical Information" includes how many users use Overwolf’s browser comparing to the Facebook widget). By analyzing usage we may compile certain statistical information, such as anonymous information about how users use our service and which games they play. In addition, when you use Overwolf certain statistical information may be gathered about your usage of Overwolf and used for diagnostic purposes and improving Overwolf. This information may include, for example, your device's platform (e.g., Windows 7, Windows XP, etc.); and the version of Overwolf that you are using. In addition, Overwolf records certain information it automatically receives, such as the Internet Protocol (IP) addresses, language preference, referring site, pages viewed and the order of those pages. Statistical data helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Aggregate statistical information is anonymous and will not be linked to any Personal Information for provision to third parties. We may share such anonymous statistical information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.
If you use any blogs or forums on Overwolf, please remember that any information disclosed in these venues may be automatically made public, and such information will not be considered Personal Information by Overwolf. You should exercise caution when disclosing any information (including Personal Information) in such venues, as you do not know who will access or use such information and for what purposes.
The Google Analytics features you've implemented based on Display Advertising (e.g., Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, or Google Analytics Demographics and Interest Reporting). Using the Ads Settings, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads. You and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to your site. How you use data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics.
Online Links to Other Sites
Use of Overwolf by Children
Overwolf does not knowingly collect personally identifiable information from children under the age of 13, and you must be 18 years of age or older in order to establish an account for Overwolf. Parents are able to set up accounts for their children. In this way verifiable parental consent is required in order to register a child under the age of 13 to be enrolled in training through the Site, and any parent setting up an account for his or her hereby represents and warrants that he or she is the parent or legal guardian of such child, and has the authority to provide information and render consents on behalf of such child. In the event you become aware that an individual under the age of 13 has enrolled without parental permission, please advise us immediately.
Comments and Questions
Last updated: February 14, 2013