Terms of Service

Agreement to Terms

Welcome to Evergreen. These Terms of Service govern your access to and use of our website, services, and related offerings. By accessing or using our website, you agree to be bound by these terms and our Privacy Policy.

If you do not agree with any part of these terms, you should not use our website or services. We reserve the right to modify these terms at any time, and continued use of our services after changes are posted constitutes acceptance of those changes.

These Terms of Service apply to all visitors, users, and others who access or use our website and services.

Use of Our Services

Acceptable Use

When using our website and services, you agree to:

Provide accurate, current, and complete information when requested
Use our services only for lawful purposes and in accordance with these terms
Respect the intellectual property rights of Evergreen and third parties
Not attempt to interfere with or disrupt our website or services
Maintain the security of any account credentials or access information
Notify us immediately of any unauthorized use of your account or security breaches

Prohibited Activities

You may not use our services to:

Violate any applicable laws, regulations, or third-party rights
Transmit any harmful, threatening, abusive, or otherwise objectionable content
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Engage in any automated use of the system, such as scraping or data mining
Attempt to gain unauthorized access to our systems or networks
Distribute viruses, malware, or other malicious code
Interfere with or disrupt the integrity or performance of our services
Use our services for any commercial purpose without our express written consent

Enforcement: We reserve the right to investigate violations of these terms and take appropriate action, including removing content, suspending access, or terminating accounts, without prior notice.

Service Access and Requirements

Website Access

Our website is provided on an "as available" basis. We do not guarantee uninterrupted access or that our website will be error-free. You are responsible for ensuring your internet connection and devices are suitable for accessing our services.

Technical Requirements

To use our website effectively, you may need a modern web browser, stable internet connection, and enabled JavaScript. We recommend keeping your browser updated for optimal security and performance.

Age Restrictions

Our services are intended for individuals who are at least 18 years old. If you are under 18, you may only use our services with the involvement of a parent or guardian.

Geographic Restrictions

While our website is accessible globally, we make no representation that our services are appropriate or available for use in all locations. If you access our services from outside the United States, you are responsible for compliance with local laws.

Service Availability and Modifications

Service Uptime and Maintenance

We strive to maintain high availability of our website and services, but we cannot guarantee continuous, uninterrupted access. We may experience downtime due to:

Scheduled maintenance and updates
Technical difficulties or system failures
Security incidents requiring immediate response
Force majeure events beyond our reasonable control

We will make reasonable efforts to notify you of planned maintenance when possible, but cannot guarantee advance notice for emergency situations.

Service Modifications

We reserve the right to:

Modify, suspend, or discontinue any aspect of our services at any time
Update website features, content, or functionality without notice
Impose limits on certain features or restrict access to parts of our services
Change our service offerings or pricing structures for future engagements

We are not liable for any modifications, suspensions, or discontinuations of our services.

Service Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms of Service. Upon termination, your right to use our services will cease immediately.

Intellectual Property Rights

Our Content Ownership

All content on our website, including text, graphics, logos, images, software, and compilation, is the property of Evergreen or our content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

License to Use Our Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes in accordance with these terms. This license does not include any right to resell or commercial use of our services or content.

User-Submitted Content

By submitting content to us through contact forms, feedback, or other communications, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display that content for business purposes, including improving our services.

Trademark Notice

Evergreen and our logo are trademarks or service marks of our company. Other trademarks, service marks, and trade names referenced on our website are the property of their respective owners. Use of any marks without express written permission is prohibited.

Copyright Infringement

We respect the intellectual property rights of others. If you believe any content on our website infringes your copyright, please contact us with detailed information about the alleged infringement.

Development Services and Client Projects

For clients engaging our arcade game development services, additional terms apply:

Project scope, deliverables, timelines, and pricing will be detailed in separate project agreements or statements of work
Intellectual property ownership of developed games will be specified in individual project contracts
Client responsibilities, including providing necessary materials and timely feedback, will be outlined in project agreements
Payment terms, milestones, and refund policies will be established in project-specific documentation
Confidentiality obligations may apply as specified in separate non-disclosure agreements

Third-Party Services and Links

Our website may contain links to third-party websites, services, or resources. We provide these links for your convenience, but we do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that we are not responsible or liable for any damage or loss caused by or in connection with your use of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

We may use third-party service providers to facilitate our services, perform service-related tasks, or assist in analyzing how our services are used. These third parties may have access to your information only to perform specific tasks on our behalf and are obligated not to disclose or use it for other purposes.

Disclaimers and Limitations

NO WARRANTIES: Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, secure, or error-free, or that defects will be corrected.

INFORMATION ACCURACY: While we strive to provide accurate information, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of any content on our website.

PROFESSIONAL ADVICE: Information on our website is for general informational purposes only and does not constitute professional advice. You should not rely solely on information from our website for business decisions.

RESULTS NOT GUARANTEED: Any discussion of project outcomes, timelines, or results represents general information only. Actual results may vary based on specific circumstances, and we make no guarantees regarding particular outcomes.

Limitation of Liability

To the fullest extent permitted by applicable law, Evergreen and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, data, or business opportunities
Costs of procurement of substitute services
Service interruptions or system failures
Unauthorized access to or alteration of your transmissions or data
Statements or conduct of any third party on our services

This limitation applies regardless of the legal theory under which liability is asserted, whether in contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Evergreen and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

Your access to or use of our services
Your violation of these Terms of Service
Your violation of any third-party rights, including intellectual property rights
Any content you submit or transmit through our services
Your conduct in connection with our services

Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

Any disputes arising from these terms or your use of our services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in King County, Washington.

You agree to waive any objection to jurisdiction or venue in such courts. However, we retain the right to seek injunctive or other equitable relief in any jurisdiction to protect our intellectual property rights.

Severability and Waiver

Severability: If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorized representative of Evergreen.

Changes to These Terms

We reserve the right to modify these Terms of Service at any time. When we make material changes, we will update the "Last updated" date at the top of this page. We may also provide notice through our website or by email.

Your continued use of our services after changes are posted constitutes your acceptance of the modified terms. If you do not agree with the changes, you should stop using our services.

We encourage you to review these Terms of Service periodically to stay informed about your rights and responsibilities.

Evergreen