Terms of Service
Last Updated Date: June 1, 2017
Welcome to Truly Social Games. This Terms of Service forms a legal contract and governs the relationship between you and Truly Social Games LLC and its subsidiaries (“TSG”, “we” or “us”), regarding your use of our games, mobile apps, websites and any related services as well as the purchase by you of any of merchandise, goods, or services from us (the “Service”).
1. Requirements for Use of Service
You may also be required to register an account to use Service (an “Account”). For your Account, you must provide TSG all current, complete and accurate information that is requested by us and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.
By registering for an Account or otherwise using the Service, you represent that you are 18 years or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your parent or legal guardian has reviewed and agreed to these Terms. Parents and legal guardians are responsible for the acts of children under 18 when using TSG Services.
If you access the Service from a Social Networking Site (“SNS”), such as Facebook, Google+, Instagram, or other similar service you shall comply with its terms of service/use as well as these Terms of Service.
Likewise, if you download the Services through Google Play Store, Apple App Store, Amazon App Store or other medium you shall comply with its terms of service/use as well as these Terms of Service.
2. License Rights
2.1. Grant of a Limited License to Use the Service
The TSG Services are licensed to you, not sold. Subject to your compliance with the Terms of Service, TSG grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your own non-commercial use. You agree not to use the Service for any other purpose. Any use of the Service in violation of the Terms of Service is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
Whenever you access or use TSG Service, you agree that you will not:
- Violate any law, rule or regulation.
- Interfere, damage, disrupt, overburden, or aid or assist in the disruption or overburdening of any computer, server or network (“Server”) used to offer or support the Service or any TSG game environment in any manner.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service in any manner. This includes the disrupting the normal flow of game play, chat or dialogue within a TSG Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to other users other than yourself or to the computers, Servers, or networks connected to the Service by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service or without TSG’s express written consent, modify or cause to be modified any files that are a part of the Service or any game.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any TSG game, or to obtain any information from the Service or any TSG game using any method not expressly permitted by TSG.
- Use your Account only for commercial purposes.
- Create an Account or access the Service if you are under the age of 13.
- Trade, sell, rent, give away or provide access to your Account, including any virtual currency, to a third party, or create an Account using a false identity or information, or on behalf of someone other than yourself.
- Create more than one Account.
- Use the Service to advertise, or solicit, or transmit any type of advertisements, political messages or messages unrelated to the Service, including chain letters, junk or spam e-mail or repetitive messages to anyone.
- Post a message for any purpose other than personal communication.
- Improperly use in-game support or make false or misleading reports to TSG staff.
- Share the Account or the login information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account as you are solely responsible for maintaining the confidentiality of your Account and login information, and you will be responsible for all uses of the Account, including purchases, whether or not authorized by you.
- Engage in any act that TSG deems to be in conflict with the spirit or intent of the Service, the Terms of Service or make improper use of TSG’s support services.
- Post anything that is abusive, harassing, threatening, obscene, profane, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, as deemed objectionable or offense by TSG.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person using the Service or an employee of TSG.
- Solicit or attempt to solicit personal information from other users of the Service
- Collect or post anyone’s private information, including personally identifiable information or financial information through the Service.
- Make available or utilize through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
- Use TSG Service in a country or jurisdiction in which TSG is prohibited from offering such Services.
- Engage in any activity that disturbs the peaceful, fair and respectful gaming environment of TSG.
- Promote, encourage or take part in any prohibited activity described above.
TSG may post additional rules that apply to your conduct when using the Service at any time.
If you encounter another user who is violating any of these rules, please report this activity to TSG Customer Support staff.
TSG may, in its discretion, monitor or record online activity or content on TSG Services and may remove any content from any TSG Service at its sole discretion.
TSG may utilize certain technologies to detect and prevent cheating in connection with the use of TSG Services.
2.2. Suspension and Termination of Your Account and/or Service
TSG reserves the right to determine what conduct it considers to be in violation of the Terms of Service and reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, TSG MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR ACCESS TO TSG SERVICES OR PORTIONS THEREOF IF YOU ARE, OR TSG SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.
IN THE EVENT YOUR ACCOUNT IS TERMINATED, LIMITED OR SUSPENDED, YOU MAY LOSE ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR ACCOUNT. TSG IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
TSG RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
TSG reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, TSG shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
TSG reserves the right to audit your Account before any prize is awarded to you, within a reasonable time, to ensure compliance with the Terms of Service. In the event TSG determines that you have violated the Terms of Services, you forfeit any right you have to such prize.
You may terminate your Account at any time and for any reason by emailing us at firstname.lastname@example.org or uninstalling TSG products at any time within your game settings on your own personal device.
You will fully cooperate with TSG to investigate any suspected unlawful, fraudulent or improper activity.
3. Ownership of Service
3.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, code, concepts, artwork, animations, sounds, audio-visual effects, moral rights, documentation, and all other content or material appearing on or emanating to or from the Servicers) is the sole property of TSG. TSG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
All rights, title and interest in and to your Account used by you in the Service are owned and inure to the benefit of TSG.
3.3. Virtual Items
All rights, title and interest in and to your virtual goods and currency used by you in the Service are owned and inure to the benefit of TSG.
3.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a TSG game client or the Service, or that other users upload or transmit, including without limitation any chat text.
TSG reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
4. User Content
4.1. Content Screening
TSG assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk and you bear all risks associated with the use of any User Content available in connection with the Service.
You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content.
We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
You hereby grant to TSG an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.
You also hereby grant to TSG the right to authorize others to exercise any of the rights granted to TSG under these Terms of Service. You further hereby grant to TSG the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation or notice to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.
4.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or TSG games.
If you have a dispute with one or more users, you release TSG (and our officers, managers, 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.
5. Fees and Purchase Terms
In the Service you may have the option to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency” for use in TSG games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”).
TSG may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. TSG shall have no liability to you or any third party in the event that TSG exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to TSG, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE AND HAVE NO MONETARY VALUE OUTSIDE OF USE IN THE SERVICE.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
TSG may revise the pricing for the goods and services offered through the Service at any time, including without limitation the Virtual Items and Merchandise.
YOU ACKNOWLEDGE THAT TSG IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
6. Disclaimer of Warranties
WITHOUT LIMITING TSG’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TSG DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TSG SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TSG SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TSG IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO TSG DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND TSG’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TSG IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. ANY CLAIM THAT YOU MAY HAVE AGAINST TSG MUST BE BROUGHT WITHIN SIX MONTHS OF THE DATE THE CLAIM AROSE OR IT IS FOREVER BARRED.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that TSG may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of TSG’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold TSG harmless from any claim, demand, damages or other losses, including attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service.
8. Dispute Resolution and Law
If a dispute arises between you and TSG, we strongly encourage you to first contact us directly to seek a resolution by going first to our customer support staff. Any dispute arising out of the Terms of Service or the Service shall be governed in all respects by Oregon law, without regard to conflict of law provisions.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND TSG EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
In the event that you are unable to resolve your dispute with our customer support staff, all disputes, claims or controversies arising out of or relating to this Terms of Service, any TSG Service and its marketing, or the relationship between you and TSG (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. You acknowledge that this Section does not apply to claims brought by TSG regarding the infringement, protection or validity of TSG’s trade secrets, copyright, trademark, patent rights or intellectual property.
Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website https:/www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person in Portland, Oregon, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and TSG may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND TSG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
11. Entire Agreement
12. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by TSG shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of TSG.
Truly Social Gaming LLC
With a required copy to:
Dinsmore & Shohl, LLP
Attn: John Mackewich
900 Wilshire Drive, Suite 300
Troy, MI 48084
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
14. Equitable Remedies
Notwithstanding anything to the contract, you acknowledge that the rights granted and obligations made under these Terms of Service to TSG are of a unique and irreplaceable nature, the loss of which shall irreparably harm TSG and which cannot be replaced by monetary damages alone so that TSG shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any TSG game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
15. Force Majeure
TSG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of TSG, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond TSG’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.