These Terms of Service (the “Terms”) are an agreement between you and Embraceware Software, Inc. (“Embraceware”, “we”, “us”). They apply to the games, apps and websites we provide (the “Services”), including:

• Ultimate Game Guide for iPhone, iPad, Mac and Android, including The Daily Cart, Collection, shared shelf pages and the Ultimate Game Guide game database on embraceware.com;
• our other apps, including Awaken, HoloSnaps, SoloFocus and Song Skipper;
• our games, including Alpha Pairs and Beyond Sentinel, when released; and
• the embraceware.com website, its support contact form and its newsletter sign-up.

By downloading, installing, accessing or using any of the Services, you agree to these Terms. If you do not agree, please do not use the Services. Where a section below names a specific product, that section applies to that product in addition to the rest of these Terms.

You may use the Services if you can form a binding agreement with Embraceware, or, if you are under the age of majority where you live, with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf. You may not create an Ultimate Game Guide account if you are under 13 years old (or the minimum age required in your country to consent to online services without parental approval).

Subject to these Terms, Embraceware grants you a limited, personal, non-exclusive, non-transferable, revocable license to download, install and use our apps and games on devices that you own or control, for your personal, non-commercial use, and as permitted by the usage rules of the store you obtained them from (such as the Apple App Store or Google Play). You may not:

• copy, modify, translate or create derivative works of the Services, except as permitted by law;
• reverse engineer, decompile or disassemble the Services, except to the extent applicable law expressly permits it despite this restriction;
• rent, lease, lend, sell, redistribute or sublicense the Services;
• scrape, harvest or bulk-download content from the Services, or use automated systems to access them, other than standard search engine indexing of our public web pages; or
• remove, obscure or alter any copyright, trademark or other notices.

The Services are licensed, not sold. Embraceware and its licensors keep all rights not expressly granted to you.

Some features, such as syncing your Ultimate Game Guide collection and ratings between devices, your collector profile and shared shelf pages, require an account. You agree to provide accurate information, keep your password confidential, and tell us promptly at help@embraceware.com if you believe your account has been used without your permission. You are responsible for activity that takes place under your account. You may stop using your account at any time, and you can delete it, and the data stored with it, from the account screen in the app or by contacting us, as described in our Privacy Policy.

Our apps may be offered as a paid download or as a free download with optional in-app purchases. For example, Ultimate Game Guide is free to download and includes complete information on a selection of games for each system; information for a system’s entire library is unlocked by a one-time in-app purchase for that system, and any purchase also unlocks every full issue of The Daily Cart.

All purchases are processed by the store you bought from (Apple or Google), not by Embraceware, and are subject to that store’s terms, payment methods and refund policies. The price, any applicable taxes and what is included are shown to you before you confirm a purchase. Unless stated otherwise at the time of purchase, in-app purchases are one-time purchases of permanent access to digital content, are tied to the store account used to buy them and can be restored on your other devices signed in to that same store account using the app’s Restore Purchases option.

Refund requests are handled by the store: for Google Play purchases see Google Play’s refund policy, and for App Store purchases visit reportaproblem.apple.com. If you have a problem with something you bought, please also contact us and we will do our best to help. We may change prices or the content included in a free or paid tier in the future; this does not affect content you have already purchased.

If you live in the European Economic Area, the United Kingdom or another country with consumer protection laws, you have the rights those laws give you, including remedies if digital content is faulty or not as described. Nothing in these Terms limits those rights. Where a law gives you a right to withdraw from a purchase of digital content, you agree that the content is supplied immediately after purchase and you acknowledge that you lose the right of withdrawal once supply has begun, to the extent the law allows.

Some Services let you add your own content, such as your game collection, ratings, wanted list, notes, collector profile photo, name and bio, photos used to scan games, and messages you send us (“Your Content”). You keep ownership of Your Content. You grant Embraceware a worldwide, non-exclusive, royalty-free license to store, copy, process and display Your Content only as needed to operate, provide and improve the Services for you, for example to sync it between your devices, to match a photo of a cartridge or box to the right game, or to show your shelf on a page you choose to share.

When you share an Ultimate Game Guide shelf, the page at that link, including your profile name, photo, bio and the games on your shelf, can be viewed by anyone who has the link and may be shown in link previews on social networks and messaging apps. Only share links you are comfortable making public.

You are responsible for Your Content and confirm that you have the rights needed to share it. Your Content must not be unlawful, infringing, hateful, harassing, sexually explicit, or impersonate another person. We may remove or hide Your Content, or disable a shared link, if we reasonably believe it breaks these Terms or the law.

You agree not to misuse the Services, including by: breaking any law; attempting to access accounts, data or systems you are not authorized to access; interfering with or overloading the Services or our servers; uploading malware; circumventing in-app purchases, content restrictions or security features; using the Services to send spam; or using the Services to infringe the rights of others.

Ultimate Game Guide and the game database provide reviews, ratings, release details, rarity and estimated collector values for reference and entertainment. Reviews and ratings are opinions. Collector values are estimates derived from publicly available market data, change frequently and are not appraisals, offers to buy or sell, or financial advice; the actual value of any item may differ significantly. We work to keep information accurate, but we do not guarantee that it is complete, current or error-free.

Ultimate Game Guide includes links to listings on eBay, some of which are affiliate links that may earn Embraceware a commission if you make a purchase. Any purchase you make through a third-party site is a transaction between you and that seller, governed by that site’s terms; Embraceware is not the seller and is not responsible for those products, listings or transactions.

The Services, including their software, design, text, reviews, graphics, characters, music and logos, are owned by Embraceware or its licensors and are protected by copyright, trademark and other laws. Embraceware, Ultimate Game Guide, The Daily Cart, Awaken, HoloSnaps, SoloFocus, Song Skipper, Alpha Pairs and Beyond Sentinel are trademarks of Embraceware Software, Inc.

Nintendo, Nintendo Entertainment System, NES, Super Nintendo Entertainment System and Super NES are trademarks of Nintendo. Ultimate Game Guide is an independent reference guide and is not affiliated with, sponsored by or endorsed by Nintendo or any game publisher. Game titles, box art, cartridge images, screenshots and other third-party marks and materials are the property of their respective owners and are shown for identification, reference, commentary and review. If you believe content in the Services infringes your rights, please contact us at help@embraceware.com with the details and we will respond promptly.

The Services may link to or work with third-party services, such as app stores, eBay, YouTube, social networks and Apple Music. Those services are governed by their own terms and privacy policies, and Embraceware is not responsible for them.

If you obtained an app from the Apple App Store, you acknowledge that these Terms are between you and Embraceware only, not Apple; that Embraceware, not Apple, is solely responsible for the app, its maintenance and support, and any product, intellectual property or legal claims relating to it; that Apple has no warranty obligation except that, if the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. If you obtained an app from Google Play, Google Play’s Terms of Service also apply to your use of Google Play. If these Terms conflict with an app store’s mandatory terms, the app store’s terms apply to the extent of the conflict.

We love hearing from you. If you send us suggestions or feedback, you agree that we may use them without any obligation to you.

We regularly update the Services and may add, change or remove features. We may also suspend or discontinue a Service. If we discontinue a paid app or a feature you purchased, we will give reasonable advance notice where possible, and you keep any rights you have under the store’s policies and applicable consumer protection law. Some features require an internet connection and may be temporarily unavailable.

You may stop using the Services at any time by deleting the apps and, if you have one, asking us to delete your account. We may suspend or end your access to the Services, or to an account, if you seriously or repeatedly break these Terms, or if we are required to by law. Sections that by their nature should continue after termination, including sections 5, 7, 8, 13, 14 and 15, will continue to apply.

To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or free of harmful components, or that any information in them is accurate. Some countries do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the fullest extent permitted by law, Embraceware will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising out of or relating to the Services or these Terms. To the fullest extent permitted by law, Embraceware’s total liability for any claim relating to the Services is limited to the greater of the amount you paid Embraceware for the Service giving rise to the claim in the twelve months before the claim, or US$50.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or, if you are a consumer in the European Economic Area or the United Kingdom, for our breach of statutory consumer rights.

These Terms are governed by the laws of the United States and of the state in which Embraceware Software, Inc. is incorporated, without regard to conflict-of-law rules. If you are a consumer living outside the United States, you also benefit from any mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence where the law allows. Before filing a claim, please contact us at help@embraceware.com so we can try to resolve the issue informally.

Our Privacy Policy explains how we handle information when you use the Services.

We may update these Terms from time to time, for example to reflect new features or changes in the law. We will post the updated Terms on this page and change the date at the top. If a change materially affects your rights, we will give reasonable notice before it takes effect, such as in the app or on this website. If you continue to use the Services after the updated Terms take effect, you accept them; if you do not agree, you should stop using the Services.

These Terms, together with any terms shown to you at the point of purchase, are the entire agreement between you and Embraceware about the Services. If any part of these Terms is found to be unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not transfer your rights under these Terms without our consent; we may transfer ours as part of a merger, acquisition or sale of assets, provided your rights are not reduced.

If you have any questions about these Terms or the Services, please contact Embraceware Software, Inc. by email at help@embraceware.com or through our contact form.