Terms of Service
(Effective Date: April 12, 2019)
(Last Updated: October 29, 2019)
In some instances, both these TOS and separate terms of service, rules, policies or guidelines set forth additional conditions that may apply to an Application, including, without limitation, the Apple iTunes Store Terms and Conditions, the Google Play Terms of Service, Google Terms of Service, Google Business Play Program and Policies and any applicable SNS terms and conditions (collectively, the “Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.
If you reside in the United States, the following also applies: You may not use our Services if: (a) you are not allowed to receive products, including services or software, from the United States, for example, if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals; or (b) you are under 13 years of age, you must not create an Account, use any part of the Applications, or submit personal information through the Applications or to the Company (for example, name, address, telephone number, email address).
i. License Grant.
The license granted to you is subject to the following limitations. You shall not or not permit any other person to:
(1) in whole or in part, (a) modify or create any derivative work of the Company Assets, other user’s User Content or Application, or (b) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of any Application; including the use of any third-party software to modify any Application;
(2) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends in any Company Assets, other user’s User Content or the Application;
(3) create or maintain, under any circumstance, any unauthorized connections to the Application. All connections to the Applications may only be made through methods and means expressly approved by the Company. Under no circumstances will you connect, or create tools that allow you or others to connect, to the proprietary interface or interfaces other than those expressly provided by the Company for public use.
(4) assign, rent, lease, distribute or license any Company Assets, other user’s User Content or Application to others;
(5) exploit any Company Assets, other user’s User Content or Application, or any of its parts for any commercial purpose;
(6) sell, grant a security interest in or transfer reproductions of any Company Assets, other user’s User Content or Application to other parties in any way not expressly authorized herein;
(7) use any Application to access, copy, transfer, transcode or retransmit content in violation of third party intellectual property rights;
iii. Additional Agreements.
(2) You agree that by accessing and using the Applications you may be exposed to content that you may find offensive, indecent or objectionable and that you access and use the Applications at your own risk.
Failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.
i. Accounts and User Data.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account or any In-game Items, Application status, benefits and privileges, and all other data accumulated in connection with your access and use of the Application (collectively, “User Data”). You further acknowledge and agree that all rights in and to the Account and User Data (excluding User Content) are and shall be owned solely and exclusively by the Company. No rights conferred to you in connection with the Applications (including any Company Assets) may be transferred or assigned by you (by operation of law or otherwise including at the time of cancellation of your Account) to any third party without the prior written consent of the Company. We reserve the right to remove or reclaim any user ID at any time and for any reason.
ii. Company Assets.
The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all assets that are part of the Applications (including past, present and future versions) (excluding User Content), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel”; the compilation, assembly and arrangement of the assets of the Applications; and all other assets or content made available on the Applications (collectively, the “Company Assets”) and such Company Assets are protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
iii. Trademark Notice.
All words and logos in an Application marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in the Applications are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names for any purpose other than as expressly authorized in these TOS is strictly prohibited.
The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to all Applications, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by the Company, its licensors, you, or otherwise), any titles, computer code, themes, objects, characters, character names, stories, dialog, catchphrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, In-game Items any related documentation, and “applets” incorporated into the Applications. The rights described in the foregoing sentence are the copyrighted work of the Company and/or its licensors and are protected by applicable intellectual property laws. The Application may contain certain licensed assets, and the licensors of those assets may enforce their rights in the event of any violation of this TOS.
If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Applications, please email us at firstname.lastname@example.org