Terms of Service

1. Agreement

These Terms are a contract between you and Omega Software Solutions (“we”, “us”), a game developer in the United States. They apply when you use this website, omegagamesonline.com, and when you play Wreck Run, Merge Bastion, Daybreak Factory, Necrowave or any other game we publish, in any form we distribute. That includes Necrowave, which you can now play in a browser here; its Android build is not released, and these Terms apply to that build from the day it is. If you do not agree with them, do not use the site or the games.

If you play one of our games on a third-party portal or install it from Google Play, that platform’s own terms apply to your use of the platform, in addition to these Terms for the game itself. Where a platform term genuinely conflicts with these Terms for a game obtained through it, the platform’s term governs that platform.

2. Licence to play

We grant you a personal, non-exclusive, non-transferable, revocable licence to play our games and to use this website for your own entertainment. That is the whole of the grant.

You may not, and may not help anyone else to:

• sell, rent, sublicense or distribute a game, or any part of it, including its art, audio, fonts or code;
• host, embed, mirror or repackage a game, including uploading a build to another portal or store, without our written permission;
• reverse engineer, decompile or disassemble a build, except to the limited extent that applicable law expressly permits despite this restriction;
• remove or alter any credit, attribution, licence notice or branding;
• use a game or its assets to train a machine learning model, or to produce a derivative work you then distribute.

Ask us. If you want to embed a game, stream it, cover it or use our artwork in an article, see the press kit or write to omegasolutionsbusiness@gmail.com. Recording gameplay for video, streaming and reviews is welcome and needs no permission.

3. Ownership

We own the games and this website, or license their contents from their creators. All rights not expressly granted above are reserved. The games include third-party art, audio and fonts used under their own licences; each game ships a credits file listing every asset with its source and licence, and those licences continue to govern those assets.

4. Acceptable use

When using this site or our games, do not:

• attempt to gain unauthorised access to the server, probe it for vulnerabilities, or interfere with its operation;
• run automated traffic against the site beyond ordinary browsing, or attempt a denial-of-service;
• modify a build in order to obtain rewards dishonestly on a portal that pays for engagement, or to misrepresent gameplay results;
• use the site or a game for anything unlawful.

There is no chat, no user account and no way to upload content, so there is no user-generated content for us to moderate and nothing you can publish through us.

5. No accounts, and no virtual items of value

Our games have no account system and no login. Coins, gold, unlocked skins, discovered towers and permanent perks are gameplay state only. They are not property, have no monetary value, cannot be bought, sold, transferred or exchanged for anything, and may be changed or reset by a game update.

Our games are ad-supported: they carry advertising served by third-party software, described in our Privacy Policy. As of the date at the top of this page there are no in-app purchases, no premium currency sold for money and no subscriptions in Wreck Run, Merge Bastion or Daybreak Factory, and none in Necrowave as it is played on this site. Necrowave’s Android build has not been released and is not on any store, so nothing in the game can be bought today. That build is being made with optional paid unlocks sold through Google Play, one of which is intended to remove advertising; the full list of what it sells will be set out before it is published. Where a game of ours offers a purchase through a store, that store is the merchant of record; see the Refunds page.

6. Your saved progress

Progress is stored on your own device by the browser or by the Android application. We do not hold a copy and cannot restore, transfer or recover it. Clearing your browser’s site data, using a private window, switching browser or device, or uninstalling the app will lose it.

7. Availability and changes

We may change, suspend or discontinue this website, any game, or any feature of a game at any time, including removing a build from this site or from a store. We may update the games; an update may change balance, content or saved-data formats. We will try not to break your save, but we do not guarantee that any save remains readable across versions.

8. Third-party services

Our games are funded by advertising, and the advertising is served by software we did not write. On Android it is the AppLovin MAX mediation SDK, compiled into the application, which requests ads from AppLovin and the ad networks it mediates; it is in the Android build of Necrowave today, and the Play releases of the other three games will carry it, as our Privacy Policy records build by build. In a build running on a game portal it is that portal’s own SDK — CrazyGames or Poki — which serves the ad and also provides the portal features that build uses. A game installed from a store likewise interacts with that platform’s services.

We do not control any of those services, do not operate them, and are not responsible for the advertisements they choose to serve, for their availability, or for their handling of the identifiers and technical data they read in order to serve an ad. Each of those companies acts under its own terms and its own privacy policy, and is an independent controller of what it collects. Nothing in these Terms makes us a party to your relationship with them, and a complaint about a particular advertisement is one for the network or portal that served it — though you are welcome to tell us, at omegasolutionsbusiness@gmail.com, and we will pass it on where we can. What this advertising software reads, and what we never see, is set out in our Privacy Policy.

The browser copies published at omegagamesonline.com/play/ request no ad and reach no third-party domain as published today. For Wreck Run, Merge Bastion and Daybreak Factory they are the portal exports with the portal SDK script removed by the step that syncs them here. Necrowave was never a portal export and has no such script; its ad code selects a provider only on Android with the AppLovin plugin present, and so asks for nothing in a browser. That describes how these copies are built, not a commitment about what this site will always host; if that changes, this page and the Privacy Policy will say so before it goes live.

9. Disclaimer of warranties

The website and the games are provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that a game will be uninterrupted, error-free, free of defects, compatible with your device or browser, or that saved progress will persist.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you, and nothing here limits rights you have as a consumer that cannot lawfully be limited.

10. Limitation of liability

To the fullest extent permitted by law, Omega Software Solutions will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost progress, or loss of goodwill, arising out of or relating to the website or the games, whether based in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to the website or the games will not exceed the greater of the amount you paid us in the twelve months before the claim (for free games, nothing) or twenty United States dollars (US$20).

Nothing in these Terms excludes or limits liability for fraud, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded.

11. Indemnity

You agree to indemnify and hold harmless Omega Software Solutions from any claim, loss or expense (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the website or the games.

12. Termination

The licence in section 2 ends automatically if you breach these Terms. As there is no account, termination means you must stop using the website and the games and delete any copy you hold. Sections 3, 9, 10, 11, 13 and 14 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of the United States and of the state in which Omega Software Solutions is established, without regard to conflict-of-laws rules. The courts of that state are the venue for any dispute, and you and we each submit to their jurisdiction, except that either of us may bring an individual claim in a small claims court with jurisdiction. If you are a consumer resident in a country whose law gives you the right to bring proceedings locally or to the protection of mandatory local consumer law, this section does not take that right away.

14. General

These Terms are the entire agreement between you and us about the website and the games. If any provision is held unenforceable, the rest stays in force and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a transfer of our business. We may revise these Terms; the current version is always on this page with its date, and continuing to use the site or the games after a change means you accept it.

15. Contact

Questions about these Terms, permission requests and legal notices: omegasolutionsbusiness@gmail.com. Copyright complaints should be sent to the same address with “Copyright” in the subject line, and should identify the work, the material you say infringes it, and how we can reach you.

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