Developer reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, any violation of the Terms. You agree that Developer may suspend or discontinue the Service or change the content of the Service at any time, for any reason, with or without notice, and without liability. Developer can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Service and notifying you at Developer’s sole discretion. These Terms will come into effect within 3 days of posting. By using the Service after Developer has updated the Terms, you are agreeing to all the updated Terms, if you do not agree with any of the updated Terms, you must stop using the Service.
IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, YOU MAY NOT BE ABLE TO USE ALL THE SECTIONS OF THE SERVICE OR SUBMIT ANY INFORMATION TO Developer OR THE SERVICE.
IF YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A MINOR USING THE SERVICE, YOU HEREBY AGREE THAT YOU HAVE REVIEWED AND AGREED TO THESE TERMS, TO BIND THE MINOR TO THESE TERMS AND TO FULLY INDEMNIFY AND HOLD HARMLESS Developer IF THE MINOR BREACHES ANY OF THESE TERMS.
IF YOU ARE A MINOR, YOU UNDERSTAND THAT YOU NEED YOUR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICE.
You understand and agree that the Service is evolving. As such, Developer may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Mobile Applications might change the system specifications necessary to use the Mobile Application, and in such a case, you, and not Developer, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Mobile Application. You acknowledge that when an upgrade is available, previous versions of the Mobile Application may cease to be available or no longer be supported by Developer.
USE OF THE SERVICE
In order to access certain features of the Service you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user of the Service (“User,” or “user”) who has registered an account with us (“Account”) or has a valid account on the social networking service through which the User has connected to the Service (each such account, a “Third-Party Account”).
If you access the Service through a social networking service or other third-party service (each a “Third Party Platform”) as part of the functionality of the Service, you may link your Account with Third-Party Accounts, by allowing Developer to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Developer and/or grant Developer access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Developer to pay any fees or making Developer subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your Account on the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Developer DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION OR PERSONAL DATA THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (A) notify Developer immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Developer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Developer has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. Developer reserves the right to remove or reclaim any usernames at any time and for any reason.
When you access the Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by your network provider and not all features of the Service may work with your network provider or device.
RULES OF CONDUCT
By using Developer’s Service you agree NOT to (or solicit another user to do so):
- create an Account if you are under the age of 13.
- act or allow any behavior that violates the rules of the Third Party Platform, provided that the access to the Service made through such a platform.
- create an Account using a false identity or information, or on behalf of someone other than yourself.
- have an Account or use the Service if you have previously been removed by Developer, or previously been banned from playing any Developer game.
- use your Account or Service to engage in any illegal conduct.
- access another user’s account without permission.
- use the Service in any manner that violates any applicable laws or regulations or is prohibited by these Terms.
- collect or harvest any information about other users.
- post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially, ethnically or religiously insulting, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material to conduct.
- discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor.
use features of the Site or Service for anything other than their intended purpose.
- interfere with or disable any security-related features of the Service.
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service.
- engage in any other prohibited conduct.
VIRTUAL CURRENCY AND GOODS
The Service may include the option to purchase, with “real world” money, a license to use virtual, in-game currency (“Virtual Currency”) as well as virtual, in-game goods (“Virtual Goods”). This can only be done if you are considered a legal adult in your country of residence. Virtual Currency and/or Virtual Goods may be purchased only via the Service and only in the manner stipulated in the Service. Any Virtual Currency and/or Virtual Goods obtained by Users other than through the Service, may be deemed void or voidable by Developer, at its sole discretion.
ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE DEEMED TO BE FINAL AND NON-REFUNDABLE. You will have no right or title to any Virtual Goods and/or Virtual Currency you acquire. Virtual Currency may only be redeemed toward the purchase of Virtual Goods or items. Virtual Currency is not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other Account, except to the extent described herein, or as required by applicable law.
Developer has absolute control over all Virtual Currency and Virtual Goods and at any time has the right to change the value, modify and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability. Developer’s obligation to you regarding purchased Virtual items will be deemed performed upon transfer of the Virtual Goods and/or Virtual Currency to your Account.
NO REFUNDS WILL BE GIVEN BY Developer. The Virtual Currency and Virtual Goods have no real currency value, CANNOT BE REDEEMED FOR REAL MONEY, AND CAN ONLY BE USED WITHIN THE Service. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your Account is terminated or suspended for any reason, in Developer’s sole and absolute discretion, or if Developer discontinues its Games, you forfeit any and all Virtual Currency and Goods.
Developer has the absolute right to manage, regulate, control, modify, and eliminate Virtual Currency and Virtual Goods as it sees fit in its sole discretion, and Developer shall have no liability to you or anyone for the exercise of such rights.
Developer may revise the pricing for the goods and services offered through the Service at any time.
TERM AND TERMINATION
The Terms commence on the date when you Accept them and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms.
If you want to terminate the Service, you may do so by notifying Developer at any time or by closing your Account. We reserve the right to terminate or suspend your Account or access to any or all of our Games at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during your use of the Games or the Service.
Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information. Developer will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.
DISPUTES BETWEEN USERS
You are solely responsible for your interactions with other users of the Service. Developer may at any time intervene in disputes between you and other users, but is under no obligation to do so. Developer will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind.
If you have a dispute with one or more users, YOU RELEASE Developer (and our officers, directors, agents, subsidiaries, joint ventures and employees) FROM CLAIMS, DEMANDS AND DAMAGES (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. You agree that your access and use of the Service shall be at your sole risk. Developer makes no warranties or representations about the accuracy or completeness of the content of the Service, assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Site or Games;
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the Service.
LIMITATION OF LIABILITY
Developer’S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND THE SERVICE, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID Developer IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY.
UNDER NO CIRCUMSTANCES WILL Developer BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, OR WHETHER OR NOT Developer HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Developer shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
You agree to indemnify and hold Developer, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Developer Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Developer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Developer in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.
INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
You acknowledge that all intellectual property rights in our Service and its underlying technology, and all information and content available on or through the Service including the characters, graphics, storylines, sounds, Virtual Currency and Virtual Goods in the Games) are owned by us and/or our suppliers.