1 About these terms
1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use and/or play our Products.
2 About accessing and/or using and/or playing our Products
2.1 You are responsible for the internet connection and/or mobile charges that you may incur for using and/or playing our Products. You should ask your mobile operator if you are unsure what these charges will be, before you access and/or use and/or play.
2.2 We have the right to withdraw or modify one or more of our Products (in whole or in part) without liability to you from time to time: for technical reasons (such as technical difficulties experienced by us or on the internet); to allow us to improve user experience; where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Products); because it no longer makes business sense for us to provide the relevant Product; or because we have altered the services we provide.
2.3 There may also be times when our Products or any part of a Product is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3 Virtual Goods and Virtual Money
3.1 Our Products may include virtual currencies such as tickets, coins, gold coins and points (“ Virtual Money”) or items or services for use with our Products (“ Virtual Goods”). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
3.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods or Virtual Money does not reflect any stored value.
3.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
3.4 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
3.5 All Virutal Money and Virtual Goods are locked to the device in which they are purchased. They cannot be transferred from one device to another.
4 User conduct and content
4.1 You must comply with the laws that apply to you in the location that you access our Products from. If any laws applicable to you restrict or prohibit you from accessing and/or using and/or playing our Products, you must comply with those legal restrictions or, if applicable, stop accessing and/or using and/or playing our Products.
4.2 You promise that all the information you provide to us on accessing and/or using and/or playing our Products is and shall remain true, accurate and complete at all times.
4.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Products by you or another user (“ Content”). You understand and agree that all Content that you may be sent when accessing and/or using and/or playing our Products, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Products.
4.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
that is or could reasonably be viewed as invasive of another's privacy;
that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
which infringes any intellectual property right or other proprietary right of others;
which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
4.5 You agree that you will not:
use our Products to harm anyone or to cause offence to or harass any person;
use another person or entity’s email address in order to sign up to use and/or play our Products;
use our Products for fraudulent or abusive purposes (including, without limitation, by using our Products to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Products);
disguise, anonymise or hide your IP address or the source of any Content that you may upload;
use our Products for to send unsolicited communications;
remove or amend any proprietary notices or other ownership information from our Products;
interfere with or disrupt our Products or servers or networks that provide our Products;
attempt to decompile, reverse engineer, disassemble or hack any of our Products, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
'harvest', 'scrape' or collect any information about or regarding other people that use and/or play our Products, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods;
disrupt the normal flow of a Product or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when using and/or playing our Products or engaging in real time exchanges;
disobey any requirements or regulations of networks connected to our Products;
use our Products in violation of any applicable law or regulation; or
use our Products in any other way not permitted by these terms.
We have the right to remove uploaded Content from our Products if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Products into disrepute.
5 Your breach of these terms
5.1 We reserve the right to suspend or terminate your access to our Products (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 4.4 or 4.5 are likely to be considered material breaches.
5.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
6 Disclaimer and release
6.1 We accept liability which may not by law be excluded.
6.2 We are not responsible for:
losses or harm not caused by our breach of these terms or negligence; or losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; any increase in loss or damage resulting from breach by you of any of these terms and conditions; or technical failures or the lack of availability of our website, Products, and/or social media channels where these are not within our reasonable control.
6.3 We will provide our Products with the same skill and care as other similar Products providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Products is to discontinue your use of that Product and we are not responsible or liable for any interruptions or errors that you may experience while using and/or playing our Products.
7 Intellectual property
7.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Products (other than Content which is contributed and owned by users/players) is owned by or licensed to us.
7.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use our Products (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Products for anything else.
7.3 You must not copy, distribute, make available to the public or create any derivative work from our Products or any part of our Products unless we have first agreed to this in writing.
7.4 In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Products, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
8.2 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Products to. If you use and/or play our Products and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can use and/or play socially. This is intended to make our Products more enjoyable for you and others that use and/or play our Products on the social network. If you do not agree to these practices you should not allow our Products to interact with your social network.
10 Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
11 Entire agreement
These terms set out the entire agreement between you and us concerning our Products (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access, use and/or play our Products via other platforms then different terms and conditions may apply in respect of those Products.
12 Changes to these terms
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
14 Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
15 Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at firstname.lastname@example.org
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Ontario, Canada. Place of delivery and exclusive court of jurisdiction shall be Toronto, Ontario, Canada.
16 Questions about these terms
If you have any questions about these terms or our Products you may contact us by email at email@example.com
These terms were last updated on January 17, 2016