END USER LICENSE AGREEMENT AND TERMS OF SERVICE
Effective Date: October 1st, 2013
IMPORTANT: THESE TERMS AND CONDITIONS GOVERN YOUR RIGHT TO DOWNLOAD AND USE THIS GAME.
DOWNLOAD OF THE GAME AND CONTINUING USE SIGNIFIES ONGOING AGREEMENT WITH THESE TERMS AND CONDITIONS.
Hidden Variable Studios, LLC. (hereinafter, “HVS”), a California limited liability company, is the owner and operator of this game (the “Game”). HVS wants the Game to be a fun and rewarding experience for all game players!
This End User License Agreement (the “EULA”) contains the full terms of the license granted to you by HVS under which you can access and play the Game. Violation of these terms may result in termination of this EULA, and, with that, your right to maintain and play the Game on your mobile device, tablet or computer.
It is important to note that your rights to the Game are limited to downloading and maintaining one copy, for non-commercial purposes only, on your mobile device, tablet, or computer. Ownership of the Game is reserved by HVS.
This EULA is a legal and fully enforceable agreement between you as an individual, and HVS, a California limited liability company. By downloading and using the Game, you agree to be bound by these terms.
This EULA represents the entire agreement between you and HVS concerning the Game. It supersedes any prior proposals, representations, agreements, negotiations, offers, counteroffers, acceptances, understandings, or any contrary terms between you and HVS. If at any time you do not agree to the terms of the EULA, you must stop playing the Game and delete any copies from your mobile devices, tablets, and computers. Thereafter, you are not authorized to make any use of the Game, including but not limited to operating/playing or otherwise accessing the Game, purchasing and/or acquiring the virtual In-App currency used in the Game, making in-Game purchases, and/or connecting with other users of the Game through the Game, HVS facility, or Internet Site.
The Game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and HVS, the Game is the sole and exclusive property of HVS.
This EULA cannot be changed except by a written agreement executed between you and an authorized signatory of HVS.
1. YOUR CONDUCT AS A USER OF THE GAME
You are responsible for your conduct as a user of the Game.
As a material condition to being granted a license to download, possess, and operate the Game, you agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through any avatar or alter ego, which:
– is threatening, bullying, defamatory, abusive, abrasive, obscene, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
– could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other personal or intellectual property right of any person or entity;
– is or could be taken as slurs, hate speech or attacks on individuals or group on the basis of race, color, gender, age, religion, national origin, sexual preferences, or gender identity;
– constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
– is a solicitation or advertisement for any commercial product or activity;
– encourages or constitutes behavior that does not support a safe and comfortable environment for all users, including but not limited to bullying, vigilantism, engaging in any conduct or activity that is or could be regarded as threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone;
– restricts, inhibits, or discourages any other user from using the Game or any element, feature, or content of the Game;
– contains a virus, worm, bot, or other harmful component;
– violates any local, state, federal or international laws or gives rise to civil liability;
– violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
– imposes an unreasonable or disproportionately large load on the Game or otherwise interferes with the Game;
– is a chain letter, or constitutes junk mail;
– requests account login information from other players;
– ‘spoofs’ (using of any means to disguise your online identity or alter original attribute information);
– uses or possesses programs to ‘crack’ the Game or other Internet security tools.
Any information or content uploaded by you (“User Content”) in connection with your participation on the Game shall be considered part of the Game. As between you and HVS, any User Content shall be and remain the sole property of HVS, and shall be subject to the terms and conditions of this EULA.
We may, at our sole discretion, immediately suspend or terminate your account and access to the Game should your conduct, in our sole determination, fail to conform to these Terms.
2. ACCESS RULES; SUPPORT SERVICES
HVS may unilaterally set rules for access and use of the Game. Any rules may be changed by HVS at any time and there is no requirement that HVS notify you of such changes.
HVS may in its sole discretion provide support services related to the Game (“Support Services”). HVS is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of HVS hereunder.
Any software code or other information or material provided by HVS in the course of providing Support Services is and will remain, as between you and HVS, the sole property of HVS.
HVS support may be reached by email at firstname.lastname@example.org.
3. PURCHASES OF IN-APP CURRENCY AND VIRTUAL ITEMS; NO-REFUND POLICY
In the Game you may purchase a license for virtual “In-App Currency,” and under certain circumstances, acquire a license for certain Virtual Items
In-App Currency may be used to “purchase” additional gameplays or for other purposes as described in the Game.
Virtual Items may enhance or expand your game play experience.
When you make a purchase of a license for In-App Currency or Virtual Items, the amount of the purchase will be charged to the credit or debit card that was registered at the app store from which you downloaded the Game. You represent that in making purchase, you are fully authorized to use the card for that purpose. At the time you make each purchase, you will be asked to confirm the details and the amount of the charge.
Please check the details of your purchase carefully before you click to complete the transaction and maintain a copy for your records. If there is an error in the transaction; or if the transaction was not authorized, notify the appropriate app store. HVS will issue no refunds. Orders to purchase licenses to In-App Currency or Virtual Items will represent an offer to HVS for the relevant amount of In-App Currency or Virtual Items. Your offer will not be deemed accepted by HVS until such time as your credit or debit card has been charged successfully and the In-App Currency amount or Virtual Items appears in your account.
Your license to use your In-App Currency or Virtual Items in the Game commences upon the In-App Currency or Virtual Items appearing in your account. By ordering In-App Currency or Virtual Items, you agree and accept that HVS will provide them to you in the normal course following completion of your transaction and verification of your charge or debit. If you reside in the European Union and you purchase a product or service from HVS, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if you begin to use the In-App Currency or Virtual Items that were the subject of the transaction before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license for In-App Currency or Virtual Items from HVS, your right of withdrawal may be lost as soon as you begin to use the In-App Currency or Virtual Items with the Game.
It is important to note that neither In-Game Currency nor Virtual Items have any value outside the Game. Neither is a tangible asset, but rather an intangible “virtual” credit or item that can be applied only within the Game, to enhance the gameplay experience, and nowhere else.
EXCEPT AS PROVIDED ABOVE, PURCHASES OF A LICENSE TO IN-APP CURRENCY AND/OR VIRTUAL ITEMS ARE FINAL SALE AND NON-REFUNDABLE.
4. TERM; TERMINATION; MODIFICATION OF EULA
The term of this EULA will commence upon your downloading the Game and will continue for so long as the Game remains on your mobile device, tablet, or computer. Without prejudice to any other of its rights, HVS may unilaterally terminate or modify this EULA at any time, for any reason, or for no reason, with no notice to you. For example, but not in limitation, HVS may elect to terminate this EULA and your access and/or rights in connection with the Game, if HVS, in its sole determination: (i) stops supporting or maintaining the Game or any element(s) of the Game; (ii) ceases to provide updates; (iii) no longer offers the Game; or (iv) believes you have failed to comply with the terms and conditions of this EULA. In the event of termination arising from your failure to comply with the terms of the EULA, you must make no further use of the Game. HVS will have no liability to you in the event you do not receive notice of any such termination or modification, or in the event it unilaterally terminates your access to, or availability of, the Game. In the event of termination, the licenses granted in connection with In-App Currency and Virtual Items will be deemed terminated.
As between you and HVS, all title, including but not limited to copyrights, in and to the Game, and any postings or other content provided by you to the Game, are owned by HVS. As between you and HVS, all title and intellectual property rights in and to the content which may be accessed through use of the Game, is the property of HVS and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by HVS.
6. NO WARRANTIES
HVS expressly disclaims any warranty in, to, or for the Game. The Game is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.
HVS EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND/OR CONTINUOUS OPERATION IN CONNECTION WITH THE GAME, IN-APP CURRENCY, AND VIRTUAL ITEMS.
The entire risk associated with downloading and engaging with the Game is assumed by you. HVS does not warrant or assume responsibility for error-free operation of the Game, and/or the accuracy or completeness of any information, text, graphics, links or other items contained within the Game. HVS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program from or through the Game. HVS further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Game. HVS cannot guarantee the integrity of the Game or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Game is loaded and operating. As between you and HVS, to the maximum extent permitted by applicable law, all risk associated with downloading, engaging and/or otherwise participating in or on the Game, is assumed by you.
7. THIRD PARTY PROVIDERS
8. LIMITATION OF LIABILITY
In no event shall HVS be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of, or inability to use, the Game, and/or any Third Party Provider accessed through the Game, even if HVS has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. HVS shall have no liability with respect to the content of the Game, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. You and HVS agree that the limitation of liability set forth in this Section is reasonable, and constitutes a material inducement for HVS to enter into this EULA and provide the Game. If you would not agree to this limitation, HVS would not license the Game, In-App Currency and Virtual Items for your use on the overall terms set forth herein. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
9. YOUR REPRESENTATIONS TO HVS
As a material inducement to HVS entering into this EULA with you, you represent to HVS that: (i) you are over thirteen (13) years of age, and have to the greatest extent permitted by law the full and unrestricted legal right to enter into agreements; (ii) you have the right to provide the credit or debit card information associated with your account, and all charges made to the card in connection with the Game and license of In-App Currency and Virtual Items are valid and authorized; (iii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a ‘terrorist nation'; and (iv) you are not listed on any U.S. government list of prohibited or restricted parties.
10. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
HVS has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. HVS has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by HVS in its sole discretion, of users who are or are believed to be infringers of copyright. Further, HVS reserves the right to remove any user content which allegedly infringes another person’s copyright. HVS is under no obligation to, and does not, scan content for any violations of third party rights; however, we respect the copyright interests of others and it is HVS’ policy not to permit materials known or believed to infringe another party’s copyright to remain on or in the Game. If you believe any materials found on or in the Game infringes a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Hidden Variable Studios, LLC.
1800 South Brand Boulevard, Unit 204
Glendale, CA 91204