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PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Last updated January 1, 2016

ACCEPTANCE OF CONTRACT TERMS
The following terms of use (“Terms of Use”) are the terms of a legal agreement between you and D3Publisher of America, Inc. (hereinafter referred to as “D3Publisher”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This Site is controlled and operated by D3Publisher from its offices within the United States. D3Publisher makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site and materials thereon from territories where the content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You represent, warrant, and covenant that: you will not upload, email, post or transmit to, or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus, worm, Trojan horse, or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indication of origin or statement of fact. We reserve the right to release information to the proper authorities, as a result of a violation of our standards, or unlawful acts, if the information is subpoenaed, and/or if we deem it necessary and/or appropriate.

COPYRIGHT AND USER RESTRICTIONS

All material provided on this Site is protected by copyrights owned or controlled by D3Publisher or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of D3Publisher or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site solely for personal, non-commercial use only provided you do not modify, copy, alter, reverse engineer, disassemble, or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited, without our prior, written consent. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this permission and that no title or material from any of the Site has been or will be transferred to you by D3Publisher or anyone else. Upon termination of these Terms of Use, you will immediately destroy any and all downloaded and/or printed materials. You also may not, without D3Publisher’s prior, written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

D3Publisher respects the intellectual property of others and expects users of the Site to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), D3Publisher’s designated agent for notice of alleged copyright infringement appearing on the Site is:

D3Publisher of America, Inc.
ATTN: Copyright Claims
11500 Olympic Boulevard
Suite 460
Los Angeles, CA 90064
f: 310-268-0829

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site: http://www.loc.gov/copyright/title17

TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of D3Publisher and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. D3Publisher aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both D3Publisher’s and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. D3Publisher prohibits use of any of its Trademarks without the prior written consent of D3Publisher.

POSTINGS, SUBMISSIONS, AND CHAT ROOMS

By posting messages, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Site, you hereby grant to D3Publisher a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against D3Publisher for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You acknowledge that Communications to, from and through the Site are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications using the Site, no confidential, fiduciary, contractually implied, or other relationship is created between you and D3Publisher other than pursuant to this Agreement.

D3Publisher likes to hear from you. However, please bear in mind that D3Publisher does not accept or consider any unsolicited creative ideas or suggestions. Therefore, please do not make any such submissions, including, but not limited to, ideas, notes, drawings, scripts, story ideas, films, concepts or other information, to D3Publisher through the Site or otherwise. D3Publisher will not review any such submissions.

The Site may make chat rooms, forums, message boards and email, available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. Your right to speak freely here must be exercised with courtesy and self-restraint. In consideration of being allowed to use the Site, when you enter or use a chat room, use a message board, transmit an e-mail, or otherwise utilize the Site, you explicitly and unequivocally agree you will not: use any Site service for any purpose in violation of local, state, or national laws of any country; post or otherwise transmit any material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; post or otherwise transmit any material that reveals trade secrets, unless you own them or have the permission of the owner; post or otherwise transmit any material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post or otherwise transmit any material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or otherwise transmit sexually-explicit images; post or otherwise transmit advertisements or solicitations of business; disrupt the normal flow of dialogue and/or exchange on the Site, or post or otherwise transmit chain letters or pyramid schemes. You are responsible for your own Communications, as defined above, and are responsible for the consequences of posting or otherwise transmitting those Communications. D3Publisher does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Site users or endorse any opinions expressed by such users. D3Publisher does not screen Communications in advance and is not responsible for screening or monitoring material posted or otherwise transmitted by Site users. If D3Publisher receives notification of a user regarding Communications which allegedly do not conform to this Agreement, D3Publisher may investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. D3Publisher has no liability or responsibility to users for performance or nonperformance of such activities. D3Publisher reserves the right to expel users and prevent their further access to the Site for violating this Agreement or violating the law. D3Publisher reserves the right to remove Communications that are abusive, illegal, disrespectful, or disruptive.

DISCLAIMER OF WARRANTY

THE INFORMATION, SERVICES, PRODUCTS AND/OR MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE INFORMATION, SERVICES, AND/OR MATERIALS REST WITH YOU. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, D3PUBLISHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, OR OTHER VIOLATION OF RIGHTS. D3PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION, SERVICES, AND/OR MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY D3PUBLISHER OR ANY ASSOCIATION WITH ITS OPERATORS. D3PUBLISHER IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEMS OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND/OR MATERIAL CONTAINED ON THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL D3PUBLISHER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF D3PUBLISHER OR A D3PUBLISHER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. D3Publisher and its affiliates further do not warrant the accuracy or completeness of the information, text, graphics, videos, links or other items contained within these materials. D3Publisher may make changes to these materials, or to the products described therein, at any time without notice. D3Publisher makes no commitment to update the materials. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, D3Publisher’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the Site.

INDEMNIFICATIONS

You agree to indemnify, defend and hold D3Publisher, its parent, subsidiaries, affiliates and their respective officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the “D3Publisher Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys’ fees) incurred by any D3Publisher Party in connection with any use or alleged use by you of the chat rooms, bulletin boards, or other user forums of this Site, or any unauthorized, illegal, or infringing use of this Site by you. D3Publisher reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with D3Publisher’s defense of such claim.

PRIVACY POLICY

These Terms of Use are subject to D3Publisher’s Privacy Policy at https://d3go.com/legals/#online_privacy_policy.

GENERAL

You should be aware that when you are on the Site, you could be directed to other sites that are beyond its control. There may be links to other sites from D3Publisher that take you outside D3Publisher’s service. These links are for convenience only and you access them at your own risk. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

By permitting advertising on the Site, D3Publisher makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. D3Publisher specifically disclaims liability for direct, consequential, or incidental damages arising from such advertisements. By responding to an advertisement on the Site, you waive any claims against D3Publisher for damages arising from such advertisement or your reliance upon statements in such advertisement. You will not consider D3Publisher nor will D3Publisher be construed as a party to such transactions, whether or not D3Publisher may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS D3PUBLISHER LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.

D3Publisher may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

This Agreement shall be construed in accordance with the laws of the State of California and the United States, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and California state courts located in Los Angeles, California. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by D3Publisher in the United States federal and California state courts located in Los Angeles, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of D3Publisher’s agents, licensors, licensees, successors, and assigns. In the event any one or more of the provisions of this Agreement is unenforceable, it shall be modified so as to remain in force and effect, but if that is no possible then it will be stricken from this Agreement, and the remainder of the Agreement will be unimpaired. The headings in this Agreement are for purposes of reference only.

© 2017 D3Publisher of America, Inc. D3Publisher and its logo are trademarks of D3Publisher of America, Inc. All rights reserved.


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D3Publisher of America, Inc. (DBA “D3 Go!”) ONLINE
Last updated April 5, 2017

OUR PRIVACY COMMITMENT

D3 Go! and its subsidiaries and affiliates (collectively, “D3 Go!”) respect the privacy rights of our online visitors and recognizes the importance of protecting all information that you may choose to share with us. To further this commitment, we have adopted this Online Privacy Policy (“Privacy Policy”) to guide how we collect, store, retain and use the information you provide us.

This Privacy Policy and the certification seal shown on our websites confirm that D3 Go! is a valid licensee, and participating member, in good standing of the Entertainment Software Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”).  To protect your privacy, we have voluntarily undertaken this privacy initiative and all of our websites where this Privacy Policy is posted have been reviewed and certified by ESRB Privacy Certified to meet established online information collection, use, retention and disclosure practices. As a licensee of this privacy program, we are subject to frequent audits of our websites and other enforcement and accountability mechanisms administered independently by the ESRB.

Q1. What information does this Privacy Policy cover?
Q2. What types of information do we collect about our guests?
Q3. How is your personally identifiable information used and shared?
Q4. What choices do you have about the collection, use, and sharing of your personally identifiable information?
Q5. What kinds of security measures do we take to safeguard your personally identifiable information?
Q6. How can you update your personal information and profile?
Q7. How can you ask questions, or send us comments, about this Privacy Policy?
Q8. How will you know if we amend this Privacy Policy?
Q9: What are the privacy policies of the retailers linked to from within your sites?

 

Q1What information does this Privacy Policy cover?

A1 – This Privacy Policy applies only to information collected on the websites where this Privacy Policy is posted, and does not apply to any other information collected by D3 Go! through any other means.

This Privacy Policy applies to use and sharing of information collected on and after the date that this Privacy Policy is posted.

Please note that this Privacy Policy applies only to information submitted and collected online, and does not apply to information that may be collected by D3 Go! offline. This Privacy Policy applies only to websites maintained by D3 Go!, and not to our international affiliates, or any websites maintained by other companies or organizations to which we link. D3 Go! is therefore not responsible for the content or activities provided on those websites.

Finally, the terms of this Privacy Policy are subject to all applicable laws.

 

Q2What types of information do we collect about our guests?

A2 – We don’t require personal information to access our website. However, if you prefer not to disclose personal information, you will not be able to enjoy certain features of our website. Personal information is information that identifies you and may be used to contact you. To offer our guests certain features on our website, we collect several types of personal information.

Children

We don’t knowingly collect personal information from children under 13. We take kids’ privacy seriously, and encourage parents to play an active role in their children’s online experience at all times. If D3P learns that personally identifiable information of users under the age of 13 has been collected, we will delete the account. If parents believe that we have unintentionally collected their child’s personal information, they should contact us to request the deletion of the information:

D3 Go!
Attn.: Privacy Policy Administrator
11500 W. Olympic Boulevard, Suite 460
Los Angeles, CA 90064
(310) 268-0820

[email protected]

Information You Provide to Us

All of the personal information we receive comes directly from our guests. We collect personal information from our guests to:

  • participate in polls, surveys, and questionnaires
  • participate in contests, sweepstakes, or other promotions
  • offer feedback or other business inquiries
  • receive customer or technical support
  • register for bulletin boards, message boards, forums, or mailing lists
  • perform internal operations for our sites

Typically, this information includes:

  1. name
  2. email address
  3. username
  4. social media handles

Additionally, we may also collect other types of non-personal information (known as demographic information) such as your age or date of birth, gender, hobbies, platform preferences, and other game ownership and preferences. This demographic information may be associated with your personal information.

Information Collected Through Technology

We collect information through technology to make our websites more interesting and useful to you. For example, when you come to one of our websites, we collect your IP address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet Service Provider), your company, or your university. At times, we also use IP addresses to collect information regarding the frequency with which our guests visit various parts of our websites. We may combine this information with additional personally identifiable information.

Cookies 

Portions of our websites may also use cookies. Cookies are pieces of information that a website sends to your computer while you are viewing the website. We and other companies use cookies for a variety of purposes. For example, when you return to one of our websites after logging in, cookies provide information to the website so that the website will remember who you are. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser (e.g. Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your web experience smoother, like the features mentioned above, and some of our services may not function properly.

Social Media Sites and Social Media Plug-Ins

Some of our websites or product pages may use plug-ins, link to, or post information from social media services, like a Facebook page or Twitter account. These social media services may share information with us, such as personal information (i.e. your name, location, the ‘likes’ you make) or non-personal information (i.e. content viewed or click-throughs).

By clicking on these links and plug-ins, you consent to the use of this information in accordance with our privacy policy.  When you provide personal information to us through an application, on our sites, or on social networking sites, it may be publicly viewed by other members of these sites and we cannot prevent further use of the information by third parties.

Through some social networking sites’ privacy settings, you can control what data you share.  For more information about how social networking sites handle your personal information, please refer to their privacy policies and terms of use.

The privacy policies for the most common of these sites and services can be found at the links below:

Finally, once you’ve clicked on a partner’s link and have left our websites, our Privacy Policy no longer applies and you must read the privacy policy of the partner to see how your personal information will be handled on their website.

 

Q3How is your personally identifiable information used and shared?

A3 – We don’t share, sell, or rent your personal information to unrelated third parties. We don’t require personal information to access our websites (other than your IP address, which is necessary to serve our website to you). If you prefer not to disclose personal information, you will not be able to enjoy certain features of our websites.

Whatever the purpose may be, we will only collect and retain information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives.

D3 Go! Tools and Updates

Information collected from those who voluntarily submit it to us is used to provide services like newsletter subscription, updates on special events, game news, and email announcements of interest to our users.  If at any time you receive an email from us and wish to unsubscribe, you may do so by doing any one of the following:

D3 Go!
11500 W. Olympic Blvd., Suite 460
Los Angeles, CA 90064
ATTN: Customer Support – Unsubscribe

Operational Uses

We may also use your personal information for other purposes such as “Operational Uses.”  For example, we may use your information to send you administrative communications either about your account with us or about features of our websites, including any future changes to this Privacy Policy.

We occasionally use other companies, agents or contractors to perform services necessary to our operations.  For example, we have partnered with other companies to personalize our web pages, analyze customers’ interaction with our websites, and process consumer surveys.  In the course of providing such services, these companies may have contact with your personally identifying information.  These entities have agreed to securely store and maintain the personal information received from us.

The privacy policies for the most common of these sites and services can be found at the links below:

Aggregate Information

Finally, we may take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information).  Given the nature of this information, no restrictions apply under this Privacy Policy on our right to aggregate or de-personalize your personal information, and we may use and share in any way with third parties the resulting non-personally identifiable information.

Business Information

For practical reasons, we treat personal information submitted to us in a business capacity different from information we receive in a non-business capacity.  Personal information submitted to us in a business capacity (e.g. resumes, event sponsorship, etc.) may be shared with third parties, depending on the nature of the inquiry.

Purchase or Sale of Businesses

From time to time, we may purchase a business or sell one or more of our businesses and your personally identifiable information may be transferred as a part of the purchase or sale.  If we purchase a business, the personally identifiable information received with that business would be treated in accordance with this Privacy Policy, if it is practicable and permissible to do so.  If we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personally identifiable information in the same manner required by this Privacy Policy (including any amendments to this Privacy Policy).  The provisions of this paragraph will also apply if we are sold as part of bankruptcy proceedings.

Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of Our Websites and Others

We will disclose personal information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our Terms of Use; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our websites or third parties.

 

Q4What choices do you have about the collection, use, and sharing of your personally identifiable information?

A4 – As mentioned above, you have control over the personal information you submit to us. If at any time you decide to remove your personal information from our database, you may do so by emailing us at [email protected] Please note that any information, including personally identifiable information that you reveal in a bulletin board, message board, chat room or other public forum is publicly viewable on the site.

Removal of this content or information from public view does not guarantee complete or comprehensive removal. After your removal request has been honored, we may retain copies of the content or information you have previously posted on our servers. We are not required to remove your posted content or information if it has been rendered anonymous or if we are required by law to retain it. Additionally, we do not have control over third parties (e.g. other users) who may have copied or reposted this information.

Your California Privacy Rights

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. However, we do not share information with third parties for their direct marketing purposes or otherwise, unless you affirmatively agree to such disclosure.

If you believe your information may have been shared or you have general questions about how your information may have been shared, please contact us:

D3 Go!
Attn.: CA Privacy Policy Administrator
11500 Olympic Boulevard, Suite 460
Los Angeles, CA 90064
(310) 268-0820

[email protected]

 

Q5What kinds of security measures do we take to safeguard your personally identifiable information?

A5 – The security and confidentiality of your information is extremely important to us.  We have implemented technical, administrative, and physical security measures to protect your personal information from unauthorized access and improper use.  Those measures include: maintaining information collected online behind a firewall-protected server; encrypting username and password information; limiting access to personal information to only those employees performing a legitimate business function; storing users’ personal information on off-site servers separate from other corporate information and systems; notifying by email or posting a notice on our website if D3 Go! learns that a data breach has occurred. From time to time, we review our security procedures to consider appropriate new technology and methods.  However, please understand that, despite our best efforts, no security measure is perfect or impenetrable.

 

Q6How can you update your personal information and profile?

A6 – You can access and update the contact information you gave us during registration (that is, your e-mail address or any other information that would directly enable us to contact you), by emailing us at [email protected].

 

Q7How can you ask questions, or send us comments, about this Privacy Policy?

A7 – If you have questions or wish to send us comments about this Privacy Policy, please contact us at:

D3 Go!!
Attn.: Privacy Policy Administrator
11500 W. Olympic Boulevard, Suite 460
Los Angeles, CA 90064
(310) 268-0820

[email protected]

Please be assured that any personal information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it. As aforementioned, D3 Go! is a licensee of the ESRB’s Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact.aspx or:

ESRB
Attn.: Privacy Certified Program
420 Lexington Ave, Suite 2024
New York, NY 10170
[email protected]

 

Q8How will you know if we amend this Privacy Policy?

A8 – We may amend this Privacy Policy at any time. If we make any material changes in the way we collect, use, retain or share your personal information, we will notify you by sending you an email at the last email address that you provided us, or by prominently posting notice of the changes on the websites covered by this Privacy Policy. Any material changes to this Privacy Policy will be effective 30 days following our dispatch of an email notice to you or 30 days following our posting of notice of the changes on the websites covered by this Privacy Policy. Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. If the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice.

 

Q9 – What are the privacy policies of the retailers linked to from within your sites?

A9 – Often we will provide external links from product pages or product websites to sites from where you can purchase or download our products.  The privacy policies for the most common of these retailers can be reached from the links below:


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D3PUBLISHER MOBILE PRIVACY POLICY
Last updated October 2, 2013

D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”) respect the privacy rights of our users. This Privacy Policy applies to all of our mobile applications (“Apps”) and sets forth our current privacy practices with respect to the information we collect about you or your device.  By using any of our Apps, you acknowledge and fully understand this Privacy Policy and freely consent to the information practices described herein.  If you do not agree with any part of this Privacy Policy, you should not use our Apps.

TABLE OF CONTENTS

1.  Scope of Privacy Policy
2.  Collection and Use of Information
3.  Sharing of Information
4.  Your Choices
5.  Children’s Privacy
6.  Security
7.  California Residents’ Privacy Rights
8.  Amendments
9.  Questions or Comments

1.  Scope of Privacy Policy
This Privacy Policy applies to information about you or your device collected through our Apps, and does not apply to any other information collected by D3Publisher through any other means, including but not limited to, information collected on any of our websites (even if you access the website on your mobile device and even if the website is related to your App gameplay) or information collected offline.

When using our Apps, you may be able to access third party websites or Apps through links placed in our Apps.  Please note that we do not have control over the information that is collected by these third parties and we are not responsible for the privacy practices of these third parties.  We encourage you to review the privacy policies of these third parties.

The privacy policies for the most common of these sites and services can be found at the links below:

2.  Collection and Use of Information

Personal Information.  For some of our Apps, you may be able to log in (either now or in the future) using your social media account, such as Facebook.  If you log in using your social media account, you allow us to access certain information from your profile, such as your name, email address, date of birth, profile picture, friends list, and interests.  The information you allow us to access may depend on you and your friends’ privacy settings on that social network.  We may also collect your name and email address when you contact us with a question or request.  We may use your personal information for any number of reasons, including, without limitation, to send you promotional emails about our other Apps, to respond to your questions or requests, or to notify you in the event we make a material change to this Privacy Policy.  We do not knowingly collect personal information from children under the age of 13.

Technical Information.  D3Publisher may use cookies and other technologies to collect technical information about your device when you use our Apps, such as your IP address, identifier For Advertising (“IDFA”), media access control (“MAC”) address, device type, and operating system.  We use technical information to track your use of our Apps (e.g., so that we can remember your game progress), to personalize your experience on our Apps, to help administer our Apps, and to provide adults and teens with targeted advertising.  Please note that while we may use this technical information for targeted advertising purposes for adults and teens, we do not use this information for targeted advertising purposes for children under 13 or where we have actual knowledge that a child is under 13.

Aggregate or Anonymous Information.  We reserve the right to take your personal information and aggregate or anonymize it so that it is not identifiable to you.  We may use this information for our business purposes, such as analyzing and better understanding usage trends.

3.  Sharing of Information

Our policy is to not share, sell, or rent your personal information to unrelated third parties without your consent.  We may, however, share the information we collect about you in limited circumstances including:

  • With D3Publisher, Inc. (our parent company) and our subsidiaries and affiliates;
  • With third parties who perform services on our behalf (e.g., we may use third parties to assist us with our targeted advertising efforts to adults and teens and to help us analyze our data so that we can better understand usage trends);
  • With law enforcement agencies, governmental officials, or other third parties when required by law or legal process or in order to cooperate with regulators or law enforcement;
  • When we believe, in our sole discretion, that disclosing this information may be necessary to enforce our policies or terms and conditions, to address an emergency that poses a threat to health or safety, or to take action in response to illegal activities (e.g. fraud);
  • With other business entities should we plan to merge with or be acquired by that business entity or in connection with a partial or total sale of assets, bankruptcy, or another corporate change; and
  • When you otherwise consent.

4.  Your Choices

D3Publisher only collects personal information from you when you voluntarily provide it to us or when you give us permission to access it (e.g., when you log in through Facebook). To manage the information that our Apps (and other apps) receive about you from social networks, you will need to update your privacy settings at the respective social network.  In your device settings, you can also manage certain information that you share with our Apps (and other apps), as well as block or manage push notifications.

If you wish to review, update, or delete any personal information we may have collected about you, please send us an email at [email protected].

From time to time, we may send you promotional emails about our Apps.  If you wish to unsubscribe from receiving future promotional emails you may do so by doing any one of the following: (i) following the “unsubscribe” instructions in the email you received; (ii) emailing our customer support team [email protected]; or (iii) writing to us at the following address:

D3Publisher of America, Inc.
11500 W.Olympic Blvd., Suite 460
Los Angeles, CA 90064
ATTN: Customer Support – Unsubscribe

5.  Children’s Privacy

D3Publisher does not knowingly solicit or permit children under the age of 13 to provide their personal information for any purpose.  While we may collect some technical information from children under 13, we only use this information to support our internal operations.

6.  Security

D3Publisher maintains reasonable physical, electronic, and procedural safeguards to protect your information.  While we take reasonable precautions against possible security threats, no system can ever be 100% secure, so we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.  We strongly recommend that you take steps on your own to maximize the security of your information.

7.  California Residents’ Privacy Rights

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes (if any).  Currently, D3Publisher does not disclose personally identifiable information to third parties for their direct marketing purposes.

8.  Amendments

We may amend this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will notify you by sending you an email at the last email address that you provided us, or by prominently posting notice of the changes within our Apps.  Any changes to this Privacy Policy will take effect upon posting and will apply to the information we collect on and after the Effective Date, which is posted at the top of this Privacy Policy.

9.  Questions or Comments

If you have questions or wish to send us comments about this Privacy Policy, including our information practices with respect to children, please send us an e-mail us [email protected] with your questions or comments to write us at:

D3Publisher of America, Inc.
Attn.: Privacy Policy Administrator
11500 W. Olympic Boulevard, Suite 460
Los Angeles, CA 90064

 

 


END USER LICENSE AGREEMENT

Last updated January 1, 2016

D3PUBLISHER OF AMERICA, INC.

Marvel Puzzle Quest: Dark Reign

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE MARVEL PUZZLE QUEST: DARK REIGN MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience.

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which  may include termination of your account and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through [email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

11500 W. Olympic Blvd, Suite 460

Los Angeles, California 90064, USA

Email: [email protected]

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates.

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.


ADVENTURE TIME CARD WARS TERMS OF USE

Last updated January 1, 2016

What’s new in these updated Terms of Use?

We have revised the Terms of Use for our current and future desktop and mobile websites, mobile applications, digital messages and marketing (including without limitation, email and text messaging campaigns), and any other digital platforms, services, and networks which are currently or in the future owned or operated by Cartoon Interactive, or for which Cartoon Interactive currently or in the future provides services or technology (collectively, the “Sites”). Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use any Sites or Services, including, without limitation, when you view or access content or videos on or through the Sites.

  • Governing law, Agreement to Arbitrate and Class Action Waiver. To help streamline the resolution of disputes, claims, and controversies under these updated Terms of Use, as set forth in more detail below, you now agree that both you and Cartoon Interactive will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Sites or the Services, and that any such proceedings will be conducted only on an individual basis (and not as a class action) and under New York law.
  • Disclaimers. We have updated certain disclaimers we make in these Terms of Use.
  • Limitation of Liability.We have updated our limitation of liability clause.
  • Text Messaging Campaigns. We clarified that these Terms of Use as well as our SMS Text Termsapply to any text messaging campaigns by us.
  • Contact Information. We updated how you may contact Cartoon Interactive in some circumstances.

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 19 and 20 BELOW.

  1. Introduction

Welcome to CartoonNetwork.com. The terms and conditions set forth herein (“Terms of Use”) constitute a binding agreement between you and Cartoon Interactive Group, Inc., including its present and future subsidiaries (“Cartoon Interactive”) with respect to your use of the Sites and our “Services” (see Section 3 below for a definition of “Services”). Any defined terms used in the Terms of Use (such as “Sites,” “Services,” and “Cartoon Interactive”) have the meanings given to them in these Terms of Use. When you see “we,” “our,” and “us” in these Terms of Use, it means Cartoon Interactive, the provider of the Services. When you see “you” and “your,” it means you, the end user of the Services we provide.

These Terms of Use include important information and set forth the “rules” for your use of our Services. We update these Terms of Use from time to time, so please check back frequently. By using the Sites and the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms of Use with your parent or legal guardian and he or she agrees to these Terms of Use on your behalf and takes full responsibility for your compliance with them. You agree that you (and your parent or guardian) are fully able and competent to enter into and comply with these Terms of Use. If you are under 18 years of age, you understand that you cannot later void this agreement with Cartoon Interactive as a minor without losing access to your Account and the Sites and your parents being held responsible for your actions and any obligations you have incurred while enjoying the benefits of access to the features and functions of the Sites as if you were an adult.

  1. Agreement

By using the Services, you are signifying your agreement with these Terms of Use. Please read these Terms of Use carefully before using any Services. These Terms of Use set forth the terms and conditions upon which you may use the Services that we provide and constitute a legally binding contract between you and Cartoon Interactive. If you do not agree with the Terms of Use, or any part of them, do not use the Services, which are designed solely for your entertainment purposes. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which you acknowledge by using the Services, including, without limitation, your enjoyment and use of the Services and all features and activities made available through the Services, your receipt of data, materials and information made available through the Services, and the possibility of our use or display of End User Content (see Section 7 below for a definition of “End User Content”). We reserve the right, in our sole discretion, to update these Terms of Use from time to time when we deem appropriate. Changes shall become effective ten (10) days after they are posted on the Sites or within the Services (“Effective Change Date”). These Terms of Use cannot be changed orally. Please review these Terms of Use periodically. Your continued use of the Services following the Effective Change Date will constitute your acceptance of those updated Terms of Use.

Supplemental terms and conditions may apply to some of the Services or Software we provide and will be disclosed to you in connection with the particular Services or Software. Those supplemental terms and conditions are in addition to, not in lieu of, these Terms of Use, but in the event of any conflict between those supplemental terms and these Terms of Use, those supplemental terms will prevail to the extent of the conflict.

  1. Services
  2. License to use Services

The “Services” include services we provide to you through the Sites, “Third Party Platforms” (see Section 23 below for a definition of “Third Party Platforms”), and other locations which post, incorporate by reference, or link to these Terms of Use. Examples of the Services we may provide include, but are not limited to, games (including games that are downloadable, in whole or in part, or playable through a browser), activities, chat, forums, audio-visual content, and mobile applications. We may change, add to, or delete the Services we offer, in whole or in part, for any reason at any time in our sole discretion. Subject to your continuing compliance with these Terms of Use, Cartoon Interactive grants you the limited, personal, non-exclusive, non-transferable, revocable right during the Term to use the Services solely for your non-commercial, entertainment purposes, in a manner consistent with these Terms of Use. All rights not expressly granted by Cartoon Interactive herein are reserved to Cartoon Interactive, and no license, permission or right of access or use not granted expressly herein shall be implied. The Services are for the personal use of individual users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and businesses may not become registered members and should not use the Services for any purpose.

  1. Access to Services

You understand and agree that Cartoon Interactive may discontinue, and has no obligation to continue providing, any aspect of the Services, or all of the Services in their entirety, at any time in its discretion.  To use the Services, you acknowledge and agree that you may be required to (i) have a valid Account (some features of the Services are only accessible through creation of an Account), (ii) download and install certain Software which allows you to use the Services, (iii) have an Internet connection or access to a wireless network (which Cartoon Interactive does not provide and which may impact your ability to access the Services from time to time for reasons outside of Cartoon Interactive’s control), and (iv) download and install certain third party software (“Third Party Software”) (which Cartoon Interactive does not provide, which may not work on your computer, game platform or mobile device, and which may impact your ability to access the Services for reasons outside of Cartoon Interactive’s control) and enter into a separate agreement with such third party for access to and use of such Third Party Software.

  1. Premium Items and Virtual Currency

As part of the Services, Cartoon Interactive may offer you the ability to license in-game or in-app points, tokens, or other forms of in-game virtual currency however denominated (“Virtual Currency”) and in-game items, features and elements such as accessories, equipment and additional content and levels (“Premium Items”). Virtual Currency and Premium Items may also be earned through game play.  Regardless of the name used to identify Virtual Currency, you understand and agree that all such Virtual Currency represents a limited license to receive virtual goods and services as part of that game in accordance with these Terms of Use. You do not “own” the Virtual Currency or Premium Items. Instead, your possession of Virtual Currency and Premium Items represents a limited, personal, revocable license from Cartoon Interactive to you to use the Virtual Currency and Premium Items in the applicable Services during the Term. You understand and agree that Virtual Currency and Premium Items are not redeemable for any sum of money or monetary value from Cartoon Interactive, or any of its licensors or affiliated companies, and have no value outside of the game. You understand and agree that once you redeem your Virtual Currency within a game, your redemption is final and there are no refunds. You understand and agree that Cartoon Interactive has the absolute right to manage, regulate, control, modify, create and/or eliminate Virtual Currency and Premium Items as it sees fit in its sole discretion, in any general or specific case, and that Cartoon Interactive shall have no liability to you based on its exercise of such right.  You understand and agree that unless otherwise authorized by Cartoon Interactive, Virtual Currency and Premium Items may only be used in the game for which they were purchased and in no event may be used outside of that game. If your access to the game expires or is terminated by you or Cartoon Interactive, or if your access to Premium Items or Virtual Currency is terminated or expires for any reason, you understand and agree that the Virtual Currency and Premium Items (and all perceived value associated therewith) shall automatically revert back to Cartoon Interactive and you shall no longer have any right to use or redeem, and you shall have no right to be compensated for, such Virtual Currency or Premium Items (or any perceived value associated therewith). In the event such reversion is not fully recognized or given effect under the law, then, in the case of cancellation or termination, you hereby agree to transfer and assign all remaining Virtual Currency and Premium Items associated with your Account to Cartoon Interactive. In no event will you be entitled to a monetary refund from Cartoon Interactive in connection with any Premium Item or Virtual Currency including for the loss of those items.

  1. Promotional Material and Advertising

The Sites and the Services may include promotional material and advertisements for third party products and services. By using the Services and agreeing to these Terms of Use, you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising as may be displayed and included within the Sites and the Services. You understand and agree that by clicking on a banner advertisement or link from our advertisers and sponsors, you will be taken to other sites, which are not operated by us or under our control. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third party site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

  1. Software

As part of the Services, Cartoon Interactive may make available to you, for download, installation and use in accordance with and subject to these Terms of Use, certain software programs, including but not limited to mobile games and apps, downloadable/installable games for a personal computer, and games and services accessed by means of a browser, Third Party Platforms, or other online communication methods (collectively, the “Software”). The “Software” includes all associated data, content, graphics, sound effects, music, audio, video, text, updates, upgrades, bug fixes, manuals, packaging and other files, electronic or online materials or documentation, and any and all copies of such software and materials, which allow you to use the Services. The Software is licensed, not sold, to you. We do not transfer title to the Software to you. As to all Software that you download in connection with the Services, the following licensing terms and conditions apply. You may install the Software on any single computer, game platform, or mobile device (e.g., a mobile phone or tablet) and make one (1) copy thereof for backup or archival purposes.

You acknowledge and agree that as between you and Cartoon Interactive, Cartoon Interactive is the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Software, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of these Terms of Use. We may provide updates, patches, upgrades, and enhancements to the Software from time to time in our discretion. However, neither these Terms of Use nor your Account entitle you to any subsequent releases of any Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you.

Subject to these Terms of Use, we hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license during the Term to use the Software solely in connection with accessing the Services in order to play the game or engage in the activity of which the Software is a part. You may not copy (except to install one copy on your fixed drive or storage device), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, or sublicense the Software. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered “Fair Use” under Federal Copyright law, and you hereby agree to waive any claims of “Fair Use” as a defense for any reverse engineering, including any claims that such reverse engineering is being done for “interoperability purposes” under the Digital Millennium Copyright Act. The Software may contain license management technology, circumvention or disabling of which is prohibited.

For the purposes of updating, patching or otherwise modifying the Software, you hereby grant Cartoon Interactive permission to (a) extract hardware system profile data from your computer or game platform; (b) extract information from your computer’s or game platform’s file directories pertaining to the Software and your ability to access the Services; and (c) download applicable Software, game content and game files to your computer and game platforms that are used to access the applicable Services.

  1. Accounts

As part of the Services we provide, you may be able to register for an account (“Account”) and to access the Services through your Account by means of an Internet connection or a wireless network (neither of which Cartoon Interactive provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person’s username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the Services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.

You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account, other than your parent(s) or guardian(s) who have rights to access and manage your Account if you are a minor. Selling or renting access to another person to your Account for the purpose of allowing them access to the Services is prohibited. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.

Upon registration for an Account, you must create a password (“Password”). You shall not disclose your Password to any third party or allow anyone to use your Password to access the Services or your Account. You are responsible for maintaining the confidentiality of your Password and for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. In no event shall Cartoon Interactive be held responsible for any damage that occurs to your Account or the attributes of your Account, including without limitation, your characters, objects, possessions, points, rank, badges, status, Premium Items, and Virtual Currency (collectively, “Account Attributes”). Cartoon Interactive shall not be liable for any financial or emotional damage or distress you may suffer (and/or subsequent loss or damage to your Account or Account Attributes) as a result of the disclosure of your Password to a third party. It is also prohibited to obtain, attempt to obtain, use, or attempt to use anyone else’s password.

  1. Proprietary Rights

You agree that the Sites, the Software, the Services, and all features and elements thereof (including without limitation all games, apps, objects, graphics, visual interfaces, audio, video, information, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, methods of operation, moral rights, documentation, game clients, server software, Virtual Currency, Premium Items, Account Attributes, characters, logos, illustrations, text, images, computer code, programs, routines, subroutines, files, data, the scripts and software used to implement the Services) (all of the foregoing collectively “Materials”) are proprietary information and materials that are owned by Cartoon Interactive, its licensors, and other sources, and are protected by applicable U.S. and international intellectual property and other laws, including but not limited to copyright, trademark and patent laws. No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, decompiled, reverse engineered, disassembled, or used in any manner, except as expressly permitted by these Terms of Use. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of Cartoon Interactive’s or such other sources’ copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites or the Services (including, without limitation, data packets transmitted to and from the Sites over the Internet), or analyze, decipher, “sniff”, derive code from, or attempt to analyze, decipher, “sniff”, or derive code from any packet stream transmitted to or from the Sites or the Services, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute “Fair Use” or are for “interoperability purposes” under the Digital Millennium Copyright Act. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only and that you claim no interest in the value of such time as represented by the building up of your characters and Account Attributes during your time using the Services or in the value of Premium Items or Virtual Currency. You agree to abide by all copyright notices, information and restrictions included in any Materials.

  1. End User Content 
  2. Communication of End User Content

The Services may afford you and other end users the means to upload and communicate information, including without limitation, messages, notes, comments, opinions, ideas, photos, drawings, images, videos, profiles, artwork, audiovisual works, musical compositions (including lyrics), sound recordings, or other materials or information in e-mail, chat, chat rooms, “emotes,” forum discussions, and similar user-to-user areas (collectively, “End User Content”). As to End User Content, you agree that you are responsible for your End User Content, that you have the right to post any End User Content that you submit through the Services, and that any End User Content you communicate or cause to be communicated shall not:  (i) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (ii) violate any law, rule or regulation; (iii) be defamatory, indecent, obscene, pornographic, harmful to minors, or otherwise inconsistent with Section 8 below; or (iv) contain any viruses, trojan horses, disabling code, worms, time bombs, “clear GIFs,” cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any Services, data, information, packets, or personally identifiable information. You agree that we may review, edit and delete any End User Content for any reason, including, in our sole judgment, that the End User Content violates these Terms of Use. Further, you acknowledge and agree that we may take any action we deem appropriate as to any End User Content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the Services.

  1. License to End User Content

You own your End User Content (except for any Materials and derivatives of Materials incorporated into End User Content). As to all End User Content, you hereby grant to us, our licensees, distributors, agents, representatives and other authorized users, a perpetual, worldwide, irrevocable, assignable, fully-paid, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property rights, in and to all or any part of your End User Content, and exploit the End User Content by any means, including by creating derivative works of End User Content or for purposes of advertising and promotion, in any medium now known or hereafter developed. You agree that you are not entitled to any payment, credit, notice attribution, or other compensation or consideration for any uses of End User Content by Cartoon Interactive. If we facilitate the creation of materials through features or activities on our Sites or through our Services (including our “game creator” games, mash-ups, activities, sweepstakes, contests, promotions, forums, etc.) that require the use of our copyrighted Materials, in whole or in part, we hereby grant to you a non-exclusive license to create a derivative work using our copyrighted Materials, but only for the purpose of creating your materials as part of your enjoyment of the Services and always in accordance with these Terms of Use, and you agree that Cartoon Interactive is the owner of such Materials and derivative works. If such rights in derivative works are not assignable to us, then your license to create derivative works using our copyrighted Materials shall be null and void. You agree to the foregoing whether or not your materials are used by us in any manner.

  1. Display of End User Content

You acknowledge and agree that you must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any End User Content. Cartoon Interactive reserves the right, but does not undertake the responsibility, to remove End User Content at any time that it deems to be harmful, offensive, or otherwise in violation of these Terms of Use. Without limitation of any of its other rights, Cartoon Interactive shall have the right to display and publish any information associated with any characters developed in your Account, for example, in charts, lists and other compilations, such as “Top Ten” lists and the like without any prior notification to you and without any compensation or any form of recompense whatsoever. Cartoon Interactive also reserves the right to invoke the “safe harbor” provision of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) concerning the removal of copyrighted or trademarked materials from the Sites and Services. Please be advised that End User Content posted in public areas of the Services does not necessarily reflect the views of Cartoon Interactive. In no event shall Cartoon Interactive assume or have any responsibility or liability for any End User Content posted or for any claims, damages or losses resulting from use of End User Content and/or appearance of End User Content on the Services.

  1. In-Game Communications

You understand that you have no expectation of privacy regarding the communications you make in connection with the Services, including, without limitation, through private in-game messaging, open “chat,” chat rooms, forums, message boards, profile pages, blogs or email functions (including send-a-friend cards) and that Cartoon Interactive representatives may monitor all communications made by or received from you. You understand that you should never provide any private or personally identifiable information to any other player or end user and will not hold Cartoon Interactive responsible for the consequences of any such disclosure by you. Further, you understand that in using the Services, you may encounter and converse with people who are rude, offensive or belligerent and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to Cartoon Interactive, and we will take such measures as we, in our sole business judgment, determine are reasonable when such behavior violates these Terms of Use. However, Cartoon Interactive does not warrant that you will be free from the behavior of others you may deem insulting, demeaning, offensive, threatening or harassing while you use the Services. If Cartoon Interactive chooses not to take any action against an end user, takes an action with which you do not agree or is unable to take any action for any reason, in no event shall Cartoon Interactive be liable to you or any third party for any incidental or consequential damages (however arising, including negligence) or emotional distress, arising out of or in connection with your Account or your use of the Services, even if any of the same have knowledge of the possibility of such damages. Our total liability to you or any third parties shall be limited to an aggregate amount of $100. This disclaimer shall be independent of any other limitation on remedies set forth herein.

  1. Rules of Conduct

In connection with your use of the Services, you agree to adhere to the following rules of conduct:

  1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
  2. Cartoon Interactive may review, edit, reject, or delete any End User Content that in the sole judgment of Cartoon Interactive violates these Terms of Use, is offensive or illegal, or might violate the rights of, harm, or threaten the safety of any person.
  3. You may not post or transmit End User Content (even if made in a joking, sarcastic or unintended manner) that:
    • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);
    • promotes an illegal or unauthorized copy of another person’s copyrighted work (see Section 10 below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    • contains video, photographs, or images of another person;
    • tries to gain unauthorized access or exceeds the scope of authorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • engages in commercial activities or sales without Cartoon Interactive’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Services. In these Terms of Use, Cartoon Interactive’s “prior written consent” means a communication coming from Cartoon Interactive’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
    • solicits gambling or engages in any gambling activity which Cartoon Interactive, in its sole discretion, believes is or could be construed as being illegal;
    • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
    • falsely reports abuse or violation of these Terms of Use by any person;
    • interferes with another user’s use and enjoyment of the Services or any other individual’s use and enjoyment of similar services; or
    • refers to any website or URL that, in the sole discretion of Cartoon Interactive, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

Cartoon Interactive reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms of Use, including without limitation, removing the offending communication in whole or in part from the Services, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Services.

  1. You may not use any of your own or any third party software to modify the Services or create any other means through which the Services may be accessed or used by others, for example, through server emulators, whether for profit or not. You may not use macros or other stored rapid keystrokes, “dupes,” “cheats” or other patterns of play that facilitate acquisition of Premium Items, Virtual Currency, or other Account Attributes at an accelerated rate when compared with ordinary game play. You may not use your or third party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the Services to acquire Premium Items, Virtual Currency, or other Account Attributes or beneficial actions not actually acquired or performed in a game.
  2. You must use the Services in a manner consistent with any and all applicable laws, rules and regulations. Illegal or unauthorized uses of the Services, including without limitation, collecting usernames or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Services, as well as attempting to gain unauthorized access to the Services or exceeding your authorized access.
  3. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Cartoon Interactive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
  4. You may not transfer, sell or auction, or offer to transfer, sell or auction, or buy or accept any offer to transfer, sell or auction, any game content, including (without limitation) characters, Accounts, Premium Items, Virtual Currency or any other account attributes (“prohibited transactions”), other than as allowed by Cartoon Interactive inside a game. You may not engage in any prohibited transaction outside of a game, or encourage or induce any other game player to participate in such a prohibited transaction. The buying, selling, transferring or auctioning of characters, Accounts, Premium Items, Virtual Currency or any other Account Attributes outside of a game, whether through online auctions (for example ebay or other third party brokerage sites), newsgroups or postings on message boards, and/or any offer or attempt to do so, constitutes a violation of these Terms of Use. In addition to violating these Terms of Use, selling and buying of individual characters, Accounts, Premium items, Virtual currency or any other Account Attributes outside of a game constitutes an unauthorized modification of the data comprising the accounts involved in the transaction, an unauthorized modification of proprietary game content, an unauthorized use of the system, and violates Cartoon Interactive’s intellectual property rights. Moreover, engaging in conduct prohibited by this section may also constitute misappropriation, tortious interference with our business or contracts, false designation of origin, endorsement or sponsorship of such trafficking, and tarnishment of the goodwill associated with our Services.
  5. Unsolicited Creative Submissions/ Communications

Cartoon Interactive does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, or any other materials) in any format, by any means of transmission (including email). This is to avoid the possibility of future misunderstandings when projects independently developed by Cartoon Interactive or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. Any such unsolicited submissions are either discarded or deleted or returned to the sender, in our discretion, without being reviewed (or reviewed solely to the extent necessary to determine that the materials are an unsolicited submission). Therefore, please do not send any unsolicited submissions to Cartoon Interactive.

From time to time, areas on the Sites may expressly request submissions of concepts, stories, artwork, audiovisual works or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Sites to govern those Invited Submissions, as they will affect your legal rights. If no such additional terms and conditions are presented, then these Terms of Use will apply in full to any Invited Submissions you make and Invited Submissions shall be treated as “End User Content.”

In any event, any material, including Invited Submissions, you send to us will not be treated as confidential, and you agree that such materials shall not be subject to any obligation of confidence on the part of Cartoon Interactive, that no confidential or fiduciary relationship is intended or created between you and us in any way, that you have no expectation of review, compensation or consideration of any type, and that Cartoon Interactive shall not be liable for any use or disclosure of any such material.

  1. Copyrights and Copyright Agent

Cartoon Interactive respects the rights of all copyright holders and in this regard, Cartoon Interactive has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cartoon Interactive’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations;
(3) 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 Cartoon Interactive to locate the material;
(4) Information reasonably sufficient to permit Cartoon Interactive to contact the complaining party;
(5) 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
(6) 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.

For copyright inquiries under the DMCA please contact:

Cartoon Interactive Group, Inc.
Attn:  Copyright Agent – TEG Legal Dept.
1050 Techwood Drive NW
Atlanta, GA 30318
Phone: (4O4) 885-O62O
Fax: (4O4) 885-O6OO
Email: [email protected]

Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously.  If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. Do not contact Cartoon Interactive’s DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement.  For general inquiries about Cartoon Network or the Sites, go to our online feedback section at www.cartoonnetwork.com/feedback. For Shop.CartoonNetwork.com inquiries, go to www.cartoonnetworkshop.com/contactus.  IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.

  1. Privacy

Use of the Sites and Services is governed by our Privacy Statement which can be located at the home page of www.CartoonNetwork.com.

  1. Contests and Sweepstakes, and Other Activities 

Cartoon Interactive may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by Cartoon Interactive and in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.

  1. Term/Termination

The “Term” of your rights and licenses for a given Service commences on the date that you download the applicable Software or commence using the applicable Service and ends (i) on the date that you cease using the applicable Service, (ii) the date that Cartoon Interactive terminates your use of, or ceases to provide, the applicable Service, including by closing your Account(s), or (iii) immediately and automatically if you or anyone using your Account(s) fail to comply with these Terms of Use.  Termination by Cartoon Interactive under this section shall be without prejudice to or waiver of any and all other rights or remedies which Cartoon Interactive may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.

Without limiting any other remedies, we may limit, suspend, terminate, modify, or delete Accounts or access to the Services, or portions thereof, if you are, or we suspect that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. In such event, you may lose all benefits, privileges, and Account Attributes associated with your Account and your use of the Services, and we are under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, we may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to our games and Sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.

You understand and agree that Cartoon Interactive shall have the further right to terminate any aspect of the Services, or the Services in their entirety, at any time in its discretion, with or without notice to you.  You may cease using any or all of the Services, and/or close your Account, at any time for any reason in your discretion. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.

If your right to use the Services, in whole or in part, terminates or expires for any reason, all of your rights to use the applicable Services and Software will cease immediately effective upon such expiration or termination.  In the event of such termination or expiration, all Account Attributes associated with your Account will be lost.  You hereby understand and acknowledge that there is no guarantee that Cartoon Interactive shall continue offering access to its Services, in whole or in part, on a going-forward basis.  You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only, and that you claim no interest in the value of such time as represented by the building up of your characters and/or Account Attributes during your time using the Services.  You further agree that you are not entitled to any form of compensation for the past time you have spent using the Services or for the real or projected value of your Account or any Account Attributes were they to be sold.  Nor is Cartoon Interactive liable for any emotional distress you may suffer as a result of loss of your characters, Account, Premium Items, Virtual Currency and/or other Account Attributes in the event that either your account or the Services, in whole or in part, are terminated.

Upon expiration or termination of this agreement and your use of the Services, in whole or in part, for any reason, the applicable licenses and rights granted to you shall automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the applicable Services and Software and (ii) uninstall your copy of the applicable Software.  You may uninstall your copy of the Software through one of the following methods:  (x) access the directory on your computer or game platform where you originally installed the Software and double-click on the file entitled uninst.exe; or (y) access the Add/Remove Programs feature of the operating system located on your computer or game platform and follow the instructions to remove the Software.

  1. Hyperlinks  

The appearance of Web sites or external hyperlinks on the Services does not constitute endorsement by Cartoon Interactive, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and Cartoon Interactive does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked Web sites. Furthermore, Cartoon Interactive is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such Web sites. Neither Cartoon Interactive nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these Web sites. To the extent that these Web sites collect personal information or postings from the end user, be advised that in no event shall Cartoon Interactive assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these Web sites. Finally, Cartoon Interactive will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Web sites.

Cartoon Interactive welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your Web site by Cartoon Interactive, its affiliates, or any group or individual affiliated with Cartoon Interactive. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without Cartoon Interactive’s prior written consent.

  1. Disclaimers  

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

THE SITES AND SERVICES HAVE BEEN CREATED FOR ENTERTAINMENT PURPOSES ONLY. YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. THE SITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, SERVICES AND OTHER CONTENT IN THE SITES AND MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, INFORMATION, SOFTWARE, END USER CONTENT, OR SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITES, CARTOON INTERACTIVE, AND ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES (COLLECTIVELY, “THE CARTOON INTERACTIVE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CARTOON INTERACTIVE PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, THE SERVICES OR THE SERVERS THAT MAKE THE SITES AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CARTOON INTERACTIVE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT IN THE SITES OR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CARTOON INTERACTIVE PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT IN THE SITES OR ANY WEBSITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE CARTOON INTERACTIVE PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES OR OTHER CONTENT OF THE SITES OR ANY OTHER WEBSITE, APP, OR SERVICE.

THE CARTOON INTERACTIVE PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES. THE CARTOON INTERACTIVE PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. THE CARTOON INTERACTIVE PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITES OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE CARTOON INTERACTIVE PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY MATERIALS OR END USER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE CARTOON INTERACTIVE PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.

THE CARTOON INTERACTIVE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT, GAME PLATFORM OR MOBILE DEVICE OR WITH ANY SPECIFIC SOFTWARE. THE CARTOON INTERACTIVE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION OR WIRELESS NETWORK THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES OR REGARDING ANY THIRD PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES.

THERE MAY BE FROM TIME TO TIME FAILURES TO HAVE ACCESS TO THE SITES AND SERVICES AVAILABLE CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLE TO THE ON-LINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND THE CARTOON INTERACTIVE PARTIES’ REASONABLE ABILITY TO CONTROL, AND THE CARTOON INTERACTIVE PARTIES SHALL NOT BE LIABLE FOR BREACH OF WARRANTY OF THESE TERMS OF USE IN SUCH EVENTS.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitation of Liability  

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE CARTOON INTERACTIVE PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES OR SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE CARTOON INTERACTIVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE CARTOON INTERACTIVE PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR SERVICES OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  1. U.S. Export Controls

The Software is further subject to United States export controls and economic sanction requirements. No Software may be downloaded from the Sites or Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  1. Governing Law  

The Materials and all other content and features on the Sites and Services are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

The Services are controlled and operated by Cartoon Interactive from its offices within the United States.  The Services are intended for residents of the United States unless otherwise noted. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. Cartoon Interactive makes no representation that Materials and End User Content on the Services are appropriate or available for use in any particular location. Cartoon Interactive makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Services from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

  1. Disputes/Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Cartoon Interactive and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services, Cartoon Interactive or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Cartoon Interactive by email to [email protected] AND by U.S. Mail to 1050 Techwood Drive, N.W., Atlanta, GA 30318.  To the extent that Cartoon Interactive has your contact information, it will send any such notice to you by U.S. Mail or to your email address. Cartoon Interactive and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Cartoon Interactive and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Cartoon Interactive or you may resort to the other alternatives described in this section.  Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites or Services.

Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Cartoon Interactive and you arising under these Terms of Use or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites shall not be subject to arbitration.

For residents outside the United States, arbitration shall be initiated in New York, New York, and Cartoon Interactive and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” or by calling the AAA at 1-8OO-778-7879.

Cartoon Interactive shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous.  You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless Cartoon Interactive is otherwise specifically required to pay such fees under applicable law.  For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees.  The decision of the arbitrator will be in writing and binding and conclusive on Cartoon Interactive and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction.  Cartoon Interactive and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, Cartoon Interactive and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose.  Cartoon Interactive and you understand that, absent this mandatory arbitration provision, Cartoon Interactive and you would have the right to sue in court and have a jury trial. Cartoon Interactive and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

You may choose to pursue your claim in small claims court where jurisdiction and venue over Cartoon Interactive and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.

You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address 1050 Techwood Drive, N.W., Atlanta, GA 30318 AND the following Email address [email protected] The notice must be sent within the later of 30 days of your first use of the Site(s) or Services or within 30 days of changes to this section being announced on the Site(s) or Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs.  If you opt-out of these arbitration provisions, Cartoon Interactive also will not be bound by them.  If you do not affirmatively elect to opt out as described above, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise.

If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Cartoon Interactive and you agree to waive, to the fullest extent allowed by law, any trial by jury.

The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Cartoon Interactive to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.

  1. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Cartoon Interactive and you agree that Cartoon Interactive and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Sites or Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.  Cartoon Interactive and you further agree that Cartoon Interactive and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Sites or Services.

If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.

The terms of this provision will also apply to any claims asserted by you against any parent, subsidiary, or affiliated company of Cartoon Interactive to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.

  1. Text Message Campaigns

We may offer you the ability to sign up for text messages sent to your mobile device if you choose to receive such alerts. You acknowledge and agree that when you sign up for and receive these text messages, you are bound by the  SMS Text Terms , which are incorporated by reference herein, as well as these terms.

  1. Indemnification

You agree, to the fullest extent permitted by law, to indemnify, defend (at our election) and hold harmless Cartoon Interactive, its parents, subsidiaries and affiliated companies, its and their licensees, distributors, licensors, representatives, authorized users, third party service providers, suppliers, successors and assigns, and each of its and their officers, directors, agents and employees, from any and all expenses, liabilities, damages, costs, liens, penalties and losses whatsoever, including, without limitation, attorneys’ fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to the actual or alleged breach by you of these Terms of Use, your use of the Sites or Services, or your Account(s).  Cartoon Interactive reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Cartoon Interactive in asserting any available defenses.

  1. Third Party Platforms

We may provide Services to you through third party Web sites, operating systems, platforms and portals, including social networking sites and digital storefronts through which you can license Cartoon Interactive games and apps (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of those Third Party Platforms, which are not under Cartoon Interactive’s control. Cartoon Interactive does not assume any responsibility or liability for your use of such Third Party Platforms.

Downloadable applications (commonly referred to as “apps”) made available to you through Third Party Platforms constitute “Software” under these Terms of Use. Apps are licensed, not sold, to you, and are further subject to the terms and conditions, end user license agreement, privacy policy, and other agreements you agree to as part of your license of the app from the applicable Third Party Platform.  Certain Apps may include functionality that enables you to receive additional services or licenses to additional functionality or content (commonly referred to as “in-app purchases”) for use within the app.  In-app purchases cannot be transferred among devices, can be downloaded only once, and after being downloaded, cannot be replaced.

The following additional terms and conditions apply with respect to our apps designed for use on an Apple iOS-powered mobile device (“iOS Apps”). You and Cartoon Interactive acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, Inc. (“Apple”). You agree that your license to use iOS Apps provided as part of the Services is limited to Apple devices that you own or control and that your use of our iOS Apps shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Cartoon Interactive agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS Apps. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS Apps. You agree that we, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Any questions or inquiries with respect to an iOS App may be directed to Cartoon Interactive as follows: Cartoon Interactive Group, Inc., 1015 Techwood Drive, Atlanta, GA 30318, (4O4) 827-17OO, [email protected] You agree to comply with all applicable third party terms of agreement when using our iOS App. You agree that Apple is a third party beneficiary to these Terms of Use applicable to our iOS Apps. Upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

  1. Other

These Terms of Use, accepted upon use of the Services and further affirmed by becoming a registered member or submitting End User Content to the Services, contain the entire agreement between you and Cartoon Interactive regarding the use of the Sites and Services and supersede all prior understandings related to the Sites and Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect.

These Terms of Use were last updated and posted on or about October 8, 2014.


Adventure Time Puzzle Quest: 

END USER LICENSE AGREEMENT

Last updated January 1, 2016

Adventure Time Puzzle Quest

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. (D.B.A. D3 Go!) AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE ADVENTURE TIME PUZZLE QUEST MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience.

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which  may include termination of your account and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone.

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator.

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time.

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through [email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

11500 W. Olympic Blvd, Suite 460

Los Angeles, California 90064, USA

Email: [email protected]

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD. 

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates. 

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA. 

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.


Magic: The Gathering – Puzzle Quest:

END USER LICENSE AGREEMENT

Last updated January 1, 2016

Magic: The Gathering – Puzzle Quest

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”), WHICH IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE END USER (“YOU”), AND D3PUBLISHER OF AMERICA, INC. (D.B.A. D3 Go!) AND ITS AFFILIATES (COLLECTIVELY, “D3PA”, “WE” OR “US”), CAREFULLY BEFORE USING THE MAGIC: THE GATHERING – PUZZLE QUEST MOBILE GAME PROVIDED BY D3PA (THE “GAME”). BY DOWNLOADING OR USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT CLICK “ACCEPT” OR OTHERWISE DOWNLOAD OR USE THE GAME.

Terms of Use.  The Game is licensed, not sold, to you by D3PA. By using the Game, you agree to be bound by this EULA. We reserve all rights in and to the Game not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. The terms of this EULA will govern any upgrades provided by D3PA that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and D3PA, and not with the provider of your device and/or mobile platform operator (e.g., Apple, Samsung, Google, Amazon) (collectively, the “Mobile Platform Operator”), and that D3PA is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Mobile Platform Operator, the terms and conditions of the Mobile Platform Operator will govern. Material changes to this EULA will be announced by posting them in the Mobile Platform Operator’s commerce center or store (e.g., Apple App Store, Android Market) where the Game may be available. You are responsible for checking this EULA each time before using the Game. Continued use of the Game following the posting of changes will mean that you accept and agree to the updated EULA.

Scope of License.  This EULA is a non-exclusive, limited, nontransferable, non-sublicensable, terminable license to use the Game on mobile devices that you own or control and as permitted by the usage rules of the Mobile Platform Operator, or other terms and conditions applying to your mobile device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the terms and conditions relating to your device, you may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your mobile device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Game). Any attempt to do so is violation of the rights of D3PA and D3PA’s licensors. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property.  All content included in the Game, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by D3PA or D3PA’s licensors and protected by applicable copyright and other intellectual property laws. The Game may include registered and unregistered trademarks owned by or licensed to D3PA, which may not be copied, imitated or used, without the prior written permission of D3PA.

Charges.  If there is a charge associated with the Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your mobile device’s settings. Certain devices may keep you logged on for a period of time after you download the Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. Prices for the Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Game. Any amounts paid for the Game or virtual items or virtual currency are non-refundable, except as expressly set forth in this EULA. You understand that all purchases and charges made by you are final. You are not entitled to any refund or return for products sold for any reason. Any election to honor a refund or return shall be made at our sole discretion.

Consent to Use of Data.  We may ask you to submit certain personal information in order to register a D3PA account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, D3PA has the right to suspend or terminate your account and refuse any and all current or future use of the Game by you.  D3PA is committed to protecting your privacy. By using the Game, you agree to be bound by D3PA’s privacy policy. You agree that all data you share with D3PA, or any data collected by D3PA during your use of our product, is the exclusive property of D3PA.You agree that we may collect and use technical data, gameplay data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Game. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new games or other applications to you. However, you reserve the right to opt out of any data collection, discontinue your use of our services, or modify or delete any stored data accessible to you at your convenience.

Registration; Password.  When you register for a D3PA account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you  by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Game, you should update your profile to reflect the changes.

Minor Users.  D3PA relies upon parents and guardians to determine if the Game is appropriate for the viewing, access or purchase by persons under the age of 18.  We do not intend the Game to be viewed or used by children under the age of 13. By using the Game, you represent and warrant that you are age 13 or older.  You agree to monitor use of your account by persons between the ages of 13 and 18, including responsibility for any use of your credit card or other payment instrument.

Virtual Currency and Virtual Goods.  The Game may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you using actual (‘real world’) currency, subject to applicable law. The Game may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the Game or otherwise purchased by you using actual or virtual currency, subject to applicable law.  We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Game, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the Game. Also, outside of the Game, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to D3PA, any other user of the Game or any other party. You agree that all sales of virtual currency and virtual goods are final and non-refundable, unless we or the applicable Mobile Platform Operator decides in its sole and absolute discretion to provide a refund. You agree that in the event that this EULA, your account or the Game is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

User Content.  The Game may invite or enable you and other users to create, submit, post display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Game or portions thereof. D3PA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic.  You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to D3PA a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Game or by any other means. You further hereby irrevocably grant to D3PA the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.  We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content.

Third Party Services.  The Game may contain links, login interfaces and other connections to third party websites and applications (e.g., Facebook). Such third party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third party services. Use of third party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third party services, and you agree to use them at your sole risk.  You may encounter content that may be deemed offensive or objectionable which content may or may not be identified as including explicit language, and that the results of any search or entering a URL may automatically and unintentionally generate links or references to objectionable content.  In particular, you acknowledge and agree that use of third party services may cause personally identifying information to be publicly disclosed and/or associated with you. The end user license agreement, terms of use, privacy policy and any other terms designated by the third party service will govern your use of that third party service. If you have any questions, concerns or complaints about a third party service, please contact the support or contact personnel of that third party service.  We may allow you to log in to the Game using third party services. By logging in using a third party service or otherwise using third party services, you permit that third party service to access information related to your account with that third party service (including profile information, friends and privacy settings), and the third party service may be able to access information concerning your actions in the Game. Use of the third party services may require internet access and that you accept additional terms of service.  You agree to use the third party services at your sole risk and that D3PA shall not have any liability to you for content that may be found to be offensive or objectionable.

Certain third party services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the third party services, You acknowledge and agree that D3PA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. D3PA does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person with respect to any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any third party services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the third party services, You should consult with a financial professional. Location data provided by any third party services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither D3PA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any third party services.

You agree that any third party services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the third party services. No portion of the third party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the third party services, in any manner, and You shall not exploit the third party services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the third party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that D3PA is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the third party services.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. D3PA makes no representation that such third party services and/or any Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such third party services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. D3PA, and its licensors, reserve the right to change, suspend, remove, or disable access to any third party services at any time without notice. In no event will the D3PA be liable for the removal of or disabling of access to any such third party services. D3PA may also impose limits on the use of or access to certain third party services, in any case and without notice or liability.

Prohibited Conduct.  You agree not to engage in any of the following conduct through or in connection with the Game: (a) interfere with or disrupt the Game or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Game; (b) interfere with, disrupt or circumvent any security feature of the Game or any feature that restricts or enforces limitations on use of or access to the Game; (c) use the Game to violate the law; (d) use the Game to harm minors in any way; (e) use the Game to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead D3PA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) create a D3PA account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban; (i) cheat or use, develop or distribute automation software programs (“bots”),  “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Game experience to the detriment of fair play; or (j)  submit false refund requests to D3PA or any Mobile Platform Operator. D3PA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Game and to take action as a result, which  may include termination of your account and exclusion from further participation in the Game.

Changes, Suspension or Termination of the Game.  We reserve the right to add, change, suspend or discontinue the Game, or any aspect or feature of the Game, without notice or liability. You agree that we may alter the Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.  You agree that we may temporarily suspend the Game without prior notice. During any such period you may be unable to access any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game. The license is effective until terminated by you or D3PA. Your rights under this EULA will terminate automatically without notice from D3PA if you cease all use of the Game and delete all copies of the Game. You may, as a result of termination, lose your D3PA account and all information and data associated with it, including virtual currency and virtual goods.  You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or D3PA. D3PA reserves the right to refuse to keep accounts for or provide access to the Game to anyone. 

NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND D3PA HEREBY DISCLAIMS ALL WARRANTIES AND CONDIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMTED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO D3PA PARTY WARRANTS THAT THE GAME, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D3PA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME, OR PERFORMED OR PROVIDED BY THE GAME, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIOIN OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHBITED BY LAW, IN NO EVENT SHALL D3PA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF D3PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATOIN OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Game to conform to any applicable Mobile Platform Operator warranty on the Mobile Platform Operator’s applicable device or platform, you may notify and request a refund for the purchase price for the Game from the applicable Mobile Platform Operator. 

Indemnification.  You are responsible for damages incurred by D3PA and our affiliates as a result of your use of the Game and agree to defend, indemnify and hold harmless D3PA and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to the use of the Game and any breach of this EULA or any other policies posted on or in connection with the Game from time to time. 

Third Party Beneficiary.  You acknowledge and agree that the Mobile Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

No Support.  You agree that D3PA has no obligation to provide technical, maintenance or other support relating to the Game. You further agree that the applicable Mobile Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Game. We may provide limited support to users who contact us through [email protected]; provided, however, that we may discontinue such support at any time.

Export.  You may not use or otherwise export or re-export the Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, the Game may not be exported or re-exported (a) into any US-embargoed countries, or (b) to anyone on the US Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Game for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

US Government Users.  The Game and related documentation are “Commercial Items”, as the term is defined at 48 C.F.R. § 12.212 or 48 C.F.R §277.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Communications.  You agree that D3PA may send e-mail to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Game, or for other purposes we deem appropriate.

Any questions relating to the Game should be directed to

D3Publisher of America, Inc.

 11500 W. Olympic Blvd, Suite 460

Los Angeles, California 90064, USA

Email: [email protected]

Disputes.  As used in this EULA, “Dispute(s)” means any dispute, claim, demand, action, proceeding, or other controversy between you and D3PA concerning the Game and your or D3PA’s obligations and performance under this EULA or with respect to the Game, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statue (including, without limitation, consumer protection and unfair competition statues), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. You acknowledge that the Mobile Platform Operator is not responsible for addressing any disputes.

Arbitration.  Any Dispute arising under or relating to this EULA shall be finally settled by binding arbitration between you and D3PA. You and D3PA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and D3PA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or D3PA provides written notice of the Dispute. You and D3PA agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in Los Angeles, California USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.

Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all Disputes in connection with this EULA or any Dispute of any sort that might arise between you and us or our affiliates. 

Severability.  If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

Delay in Enforcement. No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA. 

Complete Agreement.  This EULA and any other policies posted on, in or in connection with the Game from time to time constitute the complete agreement between you and D3PA with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and D3PA.