Last update: July 15, 2016
1. Scope of Agreement. This Agreement (“Agreement”) governs your purchase and use of OONYX Points and any of our products and services through which you can purchase or use OONYX Points (“OONYX Services”). The Agreement is between you and OONYX Media.
In this Agreement, the term "you means you the customer; and the terms "OONYX", "we", "us" and "our" means OONYX Media. This Agreement supplements the OONYX Terms of Service that you accept when you set up an OONYX Account on our websites. The OONYX Terms of Service is incorporated here by reference. The OONYX Terms of Service can be found at the bottom of all OONYX hosted websites and by typing “terms.oonyxgames.com” in your browser. If there is an inconsistency between the OONYX Terms of Service and this Agreement, the terms of this Agreement will govern your purchase and use of OONYX Points. By selecting the “I Accept” checkbox below, you agree that your use of OONYX Points on The OONYX Shop, The OONYX Shop website and all related content is subject to this Agreement.
2. Revised Terms. We may revise this Agreement at any time and the revisions will apply to all subsequent purchases of OONYX Points and the subsequent entitlements to content that you receive by using OONYX Points. When we revise this Agreement, we change the “Last Updated” date above. Each time you purchase OONYX Points you agree that you will review the terms of this Agreement. If you don’t agree to the changes, you should stop using OONYX Points Services.
3. Game Registration. To use the OONYX Shop, you must have an OONYX Account
4. OONYX Points License. OONYX Points can be purchased on The OONYX Shop. We may also award OONYX Points in connection with promotional events. By purchasing OONYX Points, you obtain a limited license to access and select from content that we expressly make available on The OONYX Shop (the "OONYX CONTENT"). OONYX Points have no monetary value and do not constitute currency or property of any type. OONYX Points may be redeemed for OONYX CONTENT on The OONYX Shop, or used on any affiliated partner site. OONYX Points cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services. OONYX Points are non-refundable. You are not entitled to a refund for any unused OONYX Points. Subject to the terms of this Agreement, your OONYX Points license is coextensive with your right to use an OONYX Account. The term of your OONYX Points license starts when you acquire OONYX Points and, subject to this Agreement, ends on the day that your OONYX Account is cancelled, suspended or terminated, or your OONYX Points expire as set forth in Sections 10, 13 and 14 of this Agreement.
5. Purchase Process. To purchase OONYX Points, (i) follow the instructions on The OONYX Shop; (ii) sign into your OONYX Account (or create an OONYX Account and register your game if you have not done so); (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept this The OONYX Shop Digital Services Agreement. You will then receive a purchase confirmation email from us. You can add, delete, or edit your account details by selecting “My Account” or similar link on www.oonyxshop.com. Your submission of an order only constitutes an offer by you to purchase OONYX Points at the price and terms stated in the order. A copy of the records applicable to your order can be accessed through the confirmation email that you receive after your purchase.
6. Pricing. The price payable by you (the "Price") is the price indicated on the purchase confirmation email that we send you. We reserve the right to change the Price and specifications shown in relation to any of our products or services. If the price or specification published on the applicable website for any products or services is materially incorrect when you place an order for those products or services, we will: (i) contact you by email with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you. Any and all refunds will be in the same currency as the transaction was made. OONYX is not liable for fluctuations in exchange rates or handling fees imposed by your payment provider.
7. Payment and Taxes. You may pay for OONYX Points either by credit card or by using the services of any alternate billing and payment provider that we identify on The OONYX Shop. When you acquire OONYX Points you agree to pay all taxes that OONYX assesses on that transaction. Credit cards: If you pay for OONYX Points by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue our purchase confirmation email. We will not supply any products or services to you until your credit card issuer has authorized the use of your card for payment. Alternate payment methods: If you elect to use the services of an alternate billing and payment provider, you will be bound by that provider’s terms & conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details.
8. Third Party Transaction Fees. You are responsible for all third party fees necessary to complete your transaction, including all credit card fees, handling charges, and other costs imposed by your payment provider. Costs associated with accessing The OONYX Shop and downloading content depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions. If USD is not your national currency and the OONYX Points are priced in USD, this transaction will converted to your national currency by your payment provider at its then prevailing currency exchange rate. You payment provider may also charge you a handling fee for processing this currency exchange transaction.
9. Performance of the Contract. OONYX Points are available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from OONYX, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period").You will lose your right of withdrawal if the performance of our services has begun before the end of the Cooling Off Period. Please note that if you purchase OONYX Points from us, the performance of our services begins immediately after your purchase is confirmed. This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement. You may also have additional rights under applicable law.
10. Use and Expiration of OONYX Points. During the term of your license, you have the right to redeem OONYX Points for selected OONYX CONTENT. We do not guarantee that any particular item within OONYX CONTENT will be available at all times or at any given time. We do not guarantee that we will continue to offer particular items for any particular length of time. We reserve the right to change and update our inventory of OONYX CONTENT without notice to you. If your OONYX Account has a OONYX Points balance which has not changed for twenty-four (24) months or more, your OONYX Points will expire and your account may be cancelled for non-use. Once you have redeemed OONYX Points for OONYX CONTENT, that content is not returnable, exchangeable, or refundable for OONYX Points or for cash, or other goods or services.
11. OONYX CONTENT. When you acquire OONYX CONTENT, you receive a limited license to use OONYX CONTENT for your personal non-commercial use. OONYX reserves all right, title and interest in OONYX CONTENT and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of OONYX in OONYX CONTENT and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in OONYX CONTENT.
12. OONYX Points Availability. OONYX Points may only be held in OONYX Accounts belonging to legal residents of countries where access to and use of OONYX Services is permitted. OONYX Points may be purchased or acquired only from OONYX through the means we provide on our website(s) or otherwise expressly authorize. OONYX reserves the right to refuse your request(s) to acquire OONYX Points, and OONYX reserves the right to limit or block any request to acquire OONYX Points for any reason.
13. Cancellation and Suspension. We can cancel or suspend your access to OONYX Points, OONYX Services or your OONYX Account, in our sole discretion and without prior notice, if (a) you fail to comply with this Agreement or our Terms of Service; or (b) if we otherwise suspect fraud or misuse of OONYX Services, or any other unlawful activity associated with an OONYX Account membership registered to or used by you.
14. Termination of Services. You agree that OONYX may stop making OONYX Points and OONYX Services, or any feature thereof, available, at any time, without any liability to you. If we stop supporting The OONYX Services, we will provide at least thirty (30) days advance notice to you by posting a notice on The Sims 3 website.
15. Disclaimer of Warranties. THE OONYX ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. OONYX MAKES NO WARRANTIES WITH RESPECT TO THE OONYX SERVICES, OONYX CONTENT OR OONYX POINTS. TO THE EXTENT PERMITTED BY LAW, OONYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. OONYX DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE OONYX ONLINE SERVICES, OONYX ACCOUNTS OR SUPPORTING SYSTEMS AND WEBSITES (COLLECTIVELY, “OONYX SERVICES”) WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE OONYX SERVICES WILL BE CORRECTED, OR THAT THE OONYX SERVICES OR THE SERVERS THAT MAKE THOSE OONYX SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability. OONYX SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE OONYX SERVICES, THE OONYX POINTS, OR OONYX CONTENT EVEN IF OONYX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OONYX’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR OONYX POINTS. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS AGREEMENT LIMITS OONYX’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY OONYX’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
17. Reservation of Rights. OONYX reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement or our Terms of Service. Our failure to enforce this Agreement or the Terms of Service in every instance in which we are entitled does not amount to a waiver of OONYX’s rights.
18. Electronic Contracting. You acknowledge and agree that by clicking the ‘purchase’ (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to our products and services. If you do not consent to receive any notices electronically, you must stop using The OONYX Services. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.