One Degree Movies

1. The agreement

1.1 Governing agreement

These Terms of Service (the "Terms") govern the relationship between you and Outer Limits AI LLC ("Outer Limits AI", "we", "us" or "our") regarding your use of One Degree Movies, a web-based movie trivia game available at onedegreemovies.com, together with any related websites, features and services we provide (the "Service").

By accessing or using the Service you accept and agree to be bound by these Terms. If you do not agree to them, do not use the Service.

1.2 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you consent to the collection, use and storage of information as described in that policy.

1.3 Changes to these Terms

We may change these Terms at any time by posting the amended Terms within the Service. Unless we say otherwise, amended Terms take effect when posted. If the changes are material we will make reasonable efforts to bring them to your attention.

If at any point you do not agree with the then-current Terms, your remedy is to stop using the Service and, if you wish, to ask us to delete your account. Except as stated in this section, these Terms may not be amended other than in a writing signed by hand by you and by a duly authorised representative of Outer Limits AI. For this purpose an email message is not a writing and a typed name is not a signature.

1.4 Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.

You may not use the Service if you are located in a country subject to a United States embargo, or if you appear on any United States government list of prohibited or restricted parties.

2. Your account

2.1 Playing without an account

You may play the Service without creating an account. Results from games played without an account are stored only in your own browser, are not saved to our systems, and do not appear on the leaderboard. If you clear your browser data those results are lost, and we cannot recover them.

2.2 Creating an account

Accounts are created by signing in with Google. We do not issue or store passwords for the Service; authentication is handled by Google and is subject to Google's own terms and privacy policy. You are responsible for maintaining the security of the Google account you use to sign in.

2.3 Display names

Your display name appears publicly beside your scores. You must not choose a display name that impersonates another person, infringes anyone's rights, is unlawful, or is obscene, hateful or harassing. We may change or reclaim any display name at any time, including where a third party asserts a right in it.

2.4 Account security and responsibility

You are responsible for everything that happens through your account. If you become aware of, or reasonably suspect, any unauthorised use of your account, you must notify us promptly at support@onedegreemovies.com.

2.5 One account

You may hold only one account at a time. You may not create an account using a false identity, or on behalf of anyone other than yourself, and you may not sell, rent, transfer or share your account with anyone.

3. License and acceptable use

3.1 Limited license

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited licence to access and use the Service for your own personal, non-commercial entertainment. All rights not expressly granted are reserved.

3.2 Restrictions

You agree that you will not:

use the Service for any commercial purpose, or to advertise or solicit;

use the Service for any unlawful purpose, or in violation of these Terms;

copy, modify, translate, reverse engineer, decompile or create derivative works from any part of the Service, except to the extent that restriction is prohibited by law;

remove, obscure or alter any copyright, trademark or other proprietary notice;

interfere with, disrupt or place an unreasonable load on the Service or the servers or networks that support it;

attempt to gain unauthorised access to the Service, to other users' accounts, or to any system or network connected to the Service; or

harass, threaten, impersonate or intimidate any other user.

3.3 Fair play

The Daily puzzle is the same for every player, and the leaderboard is only meaningful if everyone plays it on the same terms. In addition to the restrictions above, you agree that you will not:

use any bot, script, scraper, automated process or modified client to play the Service, to obtain puzzle content, or to submit scores;

access the Service's programming interfaces other than through the game as it is presented to you;

create or use more than one account in order to attempt a puzzle more than once, or to affect the leaderboard;

exploit any bug, error or unintended behaviour in the Service in order to gain an advantage, rather than reporting it to us; or

publish or distribute the answers to the current Daily puzzle before it has rolled over.

We may remove scores, reset statistics, or suspend or terminate accounts that we reasonably believe have breached this section.

4. The Service

4.1 The Service is currently free

The Service is provided free of charge and there is nothing to buy within it. We do not currently sell subscriptions, virtual items or virtual currency of any kind.

We reserve the right to introduce paid features in future. If we do, we will publish separate terms covering pricing, renewal, cancellation and refunds before any charge is made, and no charge will ever be made without your express prior consent. Nothing in these Terms authorises us to charge you.

4.2 Availability and changes to the Service

We may change, suspend, limit or discontinue the Service or any part of it at any time, permanently or temporarily, with or without notice. We may also update the Service, including the rules of the game, the way scores are calculated, and the puzzles offered. We are not liable to you or to any third party for any modification, suspension or discontinuation of the Service.

We do not promise that the Service will be available without interruption or free of errors.

4.3 The Daily puzzle

The Daily puzzle rolls over once per day. Scores from the Daily puzzle may appear on the leaderboard; scores from Quick Match games do not. We may change the schedule, the difficulty of any day's puzzle, or the rollover time.

5. Content and intellectual property

5.1 Our content

The Service, including its software, source code, design, graphics, artwork, user interface, sounds, text, puzzle construction, game mechanics, and the selection, arrangement and presentation of all of the foregoing, is owned by Outer Limits AI or its licensors and is protected by copyright, trademark and other laws. "One Degree Movies" and the associated logos are our trademarks. You may not use them without our prior written permission.

5.2 Film titles, names and factual information

The Service refers to motion pictures, performers and other real people and works by name in order to identify them, and uses factual information about who appeared in what. Those names and titles remain the property of their respective owners.

Their use in the Service is descriptive and does not imply any affiliation with, sponsorship by, endorsement by, or licence from any studio, distributor, production company, performer or rights holder. Outer Limits AI is not affiliated with any of them.

5.3 Your content

The only content you supply to the Service is your display name and anything you send us directly, such as a support message. You are responsible for it, and you confirm that you have the right to provide it. You grant us a worldwide, royalty-free, non-exclusive licence to use, display and store your display name for the purpose of operating the Service, including displaying it on leaderboards.

5.4 Feedback

If you send us suggestions, ideas or other feedback about the Service, we may use it without restriction and without any obligation to compensate you, to keep it confidential, or to respond. Please do not send us any idea you are not willing for us to use freely.

6. Third-party services

The Service uses third-party providers, including Google for sign-in. Your use of those services is subject to their own terms and privacy policies, and we are not responsible for them. The Service may also link to third-party websites; we do not control them, we do not endorse them, and we are not responsible for their content or practices.

7. Copyright complaints

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you believe that material within the Service infringes your copyright, send a written notice to our designated agent at the address below that includes:

a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;

identification of the copyrighted work claimed to have been infringed;

identification of the material claimed to be infringing and information reasonably sufficient to let us locate it;

your contact information;

a statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law; and

a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the owner.

Designated agent: Copyright Agent, Outer Limits AI LLC, P.O. Box 163672, Austin, Texas 78716, or support@onedegreemovies.com.

We may terminate the accounts of users we determine to be repeat infringers.

8. Suspension and termination

WE MAY LIMIT, SUSPEND, MODIFY OR TERMINATE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART, WITH OR WITHOUT NOTICE, IF WE BELIEVE THAT YOU ARE OR MAY BE IN BREACH OF THESE TERMS OR THAT YOU ARE USING THE SERVICE UNLAWFULLY OR IMPROPERLY. WE MAY ALSO DO SO IF WE CEASE TO OFFER THE SERVICE.

Termination may include removing your scores and statistics and deleting your account. You may stop using the Service at any time, and you may ask us to delete your account by emailing support@onedegreemovies.com. Sections 5, 8, 9, 10, 11, 12, 13 and 14 survive termination.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTER LIMITS AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT OF THE SERVICE, INCLUDING FACTUAL INFORMATION ABOUT FILMS AND PERFORMERS, IS ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTER LIMITS AI AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, SCORES OR STATISTICS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS ($100). YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED FREE OF CHARGE AND THAT THESE LIMITATIONS ARE A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify and hold harmless Outer Limits AI and its members, managers, officers, employees, agents and contractors from any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of your use of the Service, your breach of these Terms, or your violation of any law or of the rights of any third party. We reserve the right to assume the exclusive defence of any matter subject to indemnification by you, in which case you agree to cooperate with us.

12. Dispute resolution

12.1 Informal resolution first

If a dispute arises between you and Outer Limits AI, our goal is to resolve it quickly and inexpensively. Before filing any claim, you agree to contact us at support@onedegreemovies.com and to attempt in good faith to resolve the dispute informally for at least 30 days.

12.2 Governing law and forum

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any claim or dispute that is not resolved informally, and that is not submitted to arbitration under section 12.3, must be brought exclusively in a state or federal court located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.

12.3 Arbitration option

For any claim, excluding claims for injunctive or other equitable relief, where the total amount sought is less than $10,000, either party may elect to resolve the dispute through binding, non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution provider mutually agreed by the parties. The provider and the parties must comply with the following rules: the arbitration shall be conducted by telephone, online, or by written submissions, at the election of the party initiating it; the arbitration shall not require any personal appearance by the parties or witnesses unless the parties agree otherwise in writing; and any award may be entered in any court of competent jurisdiction.

12.4 Improperly filed claims

All claims you bring against Outer Limits AI must be resolved in accordance with this section 12. Claims filed contrary to section 12.2 are improperly filed, and we shall be entitled to recover reasonable attorneys' fees and costs of up to $1,000, provided that we have notified you in writing of the improper filing and you have failed to withdraw the claim promptly.

13. Severability

If any provision of these Terms or of our Privacy Policy is found by a court of competent jurisdiction to be unlawful or unenforceable, in whole or in part, that provision shall be ineffective in that jurisdiction only to the extent of the finding, without affecting the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

14. General provisions

14.1 Assignment

We may assign or delegate these Terms and our Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate any right or obligation under these Terms without our prior written consent, and any attempt to do so is void.

14.2 Entire agreement

These Terms, together with our Privacy Policy and any supplemental policies we publish, contain the entire understanding between you and Outer Limits AI regarding the Service, and supersede all prior understandings on that subject.

14.3 Language

If we provide a translation of these Terms or of our Privacy Policy, the translation is for information only and does not modify the English version. In the event of a conflict, the English version controls.

14.4 No waiver

Our failure to require or enforce strict performance of any provision of these Terms, or to exercise any right under them, is not a waiver of that provision or right. An express waiver of any provision, condition or requirement does not waive any future obligation to comply with it.

14.5 Notices

We may give you notice by posting within the Service, by email to the address associated with your account, or by any other reasonable means. All notices you give us under these Terms must be in writing and addressed to Outer Limits AI LLC, P.O. Box 163672, Austin, Texas 78716, Attn: Legal, with a copy to support@onedegreemovies.com. Notices given otherwise have no legal effect.

14.6 Equitable remedies

You acknowledge that a breach of these Terms may cause us harm that cannot adequately be remedied by money damages alone, and that we are therefore entitled to seek injunctive or other equitable relief in addition to any other remedy available to us, without the need to post a bond.

14.7 Force majeure

We are not liable for any delay or failure to perform arising from causes beyond our reasonable control, including acts of God, war, terrorism, riot, embargo, act of civil or military authority, fire, flood, accident, epidemic, strike, failure of a hosting or network provider, or shortage of transportation, facilities, fuel, energy, labour or materials.

14.8 Contact

Questions about these Terms should be sent to support@onedegreemovies.com, or by post to Outer Limits AI LLC, P.O. Box 163672, Austin, Texas 78716.