Last modified October 9, 2012
These Terms of Use govern your use of all The Playforge Web sites, products and services (collectively, the "The Playforge Offerings") offered by The Playforge, LLC. and its Affiliates ("The Playforge"). By participating in any The Playforge Offerings, you agree to be bound by these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to The Playforge, any person or entity which controls, is controlled by, or is under common control with, The Playforge.
Without limiting the foregoing, each of your The Playforge Offering account(s) (each a "The Playforge account"), if applicable, and participation in any The Playforge Offerings are governed by these Terms of Use. The Playforge Offerings are always evolving, so it is important that you periodically check here, as well as the specific rules for any games or activities in which you choose to participate, for updates. If we revise these Terms of Use, such revision(s) will take effect immediately upon being posted within each The Playforge Offering. As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all The Playforge Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a The Playforge Offering, these Terms of Use will control.
If you create a The Playforge account within a particular The Playforge Offering, you must provide truthful and accurate information to us in creating your The Playforge account. If The Playforge has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, The Playforge may suspend or terminate your ability to use or access a The Playforge Offering, and refuse any and all current or future use of or access to any or all The Playforge Offerings (or any portion thereof). The Playforge requires all users to be over the age of 13. If you are under 13, you may use and access The Playforge Offerings only with the involvement of a parent or guardian. If you are between the ages of 13 and 17 you represent that your legal guardian has reviewed and agreed to these Terms of Use.
The Playforge reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
You are solely responsible for all activity on any and all of your The Playforge account(s) and for the security of your computer system. You should not reveal your username or password to any other person. The Playforge will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold The Playforge and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your The Playforge account(s). This includes illegal or improper use by someone to whom you have given permission to use your The Playforge account(s) or whom you have negligently allowed to access your The Playforge account(s). The Playforge reserves the right to terminate your The Playforge account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.
When you access a The Playforge Offering, send e-mails or electronically chat with The Playforge, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in The Playforge Offerings. You agree that all agreements, notices, disclosures and other communications that The Playforge provides to you electronically satisfy any legal requirement that such communications be in writing.
If you access one of our games (each, a "Game"), you may have the opportunity to use virtual, in-game currency ("virtual currency") to license a variety of virtual, in-game items ("virtual items") that can be used while playing such Game. You may be required to pay a fee to obtain virtual currency.
You have no property interest in any virtual currency or virtual items. Any purchase of virtual currency, and virtual currency accumulated through any applicable Game membership benefits, are purchases of a limited, non-transferable, revocable license to use that virtual currency within the applicable Game. Virtual currency and virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual currency and virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Game. Virtual currency and virtual items cannot be refunded or exchanged for cash or any other tangible value. All virtual currency and virtual items are unconditionally forfeited if your Game account is terminated or suspended for any reason, in The Playforge's sole discretion, or if The Playforge discontinues any Game.
The Playforge has no liability for hacking or loss of your virtual currency or virtual items. The Playforge has no obligation to, and will not, reimburse you for any virtual items or virtual currency lost due to your violation of these Terms of Use. The Playforge reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual currency and virtual items are subject to change without notice.
If you access our Games, you may be required to register an account on the Offering, or may be required to have a valid account on the social networking service through which you connect to the Offering, or have an account with the applications provider for your mobile device.
You must provide all equipment and software necessary to connect to the Offerings, including, but not limited to, a mobile device that is suitable to connect with and use the Offerings, in cases where the Offerings offer a mobile component.
If The Playforge has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, The Playforge may suspend or terminate your ability to use or access Games and refuse any and all current or future use of or access to Games (or any portion thereof).
The content within The Playforge Offerings includes the software, communications, images, text, sounds, and all the material and information you encounter through The Playforge Offerings. The Playforge supplies most of the content within The Playforge Offerings. You bear the risk of the completeness, accuracy or usefulness of any content found on The Playforge Offerings.
Without limiting the scope of these Terms of Use, you agree to comply with any guidelines or other provisions described when you access any The Playforge Offering. Inappropriate, obscene, defamatory or offensive language, crude or explicit sexual references, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within The Playforge Offerings. Content standards may vary depending on where you are within a The Playforge Offering and the expectations of the relevant game community. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, or posting to any forums or message boards, within a The Playforge Offering.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within The Playforge Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. The Playforge does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any The Playforge Offerings. The Playforge does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through The Playforge Offerings. You agree to indemnify The Playforge and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through The Playforge Offerings.
Without limiting the generality of these policies and standards, you understand that the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your The Playforge account(s) being immediately terminated:
You acknowledge and agree that your communications with other users via online messaging, forums or bulletin boards, or any other similar types of communication on or through any The Playforge Offering, are public and not private communications, and you have no expectation of privacy concerning your use of or participation in any The Playforge Offerings (other than with respect to the information you provide to us in establishing your The Playforge account(s), if applicable). You acknowledge that personal information that you communicate publicly within any The Playforge Offering may be seen and used by others and may result in unsolicited communications. The Playforge is not liable for any information that you choose to communicate to other users on or through any The Playforge Offerings, or for the actions of any other users of any The Playforge Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any The Playforge Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify The Playforge and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant The Playforge permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a The Playforge Offering, you expressly grant The Playforge the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind.
You may not use any portion of The Playforge Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any The Playforge Offerings, or otherwise exploit your participation on or through any The Playforge Offerings for any commercial purpose.
We may require that you download software from The Playforge or its licensors onto your computer ("The Playforge Software"). The Playforge grants to you a non-exclusive, non-transferable, revocable, limited license to use The Playforge Software to participate in The Playforge Offerings. The Playforge Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of The Playforge Software.
NEITHER THE PLAYFORGE NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY THE PLAYFORGE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE PLAYFORGE SOFTWARE, RESIDES WITH YOU.
If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all The Playforge Offerings, including any and all The Playforge accounts you have established. You acknowledge that we are not required to notify you prior to terminating any such account.
The Playforge and you each have the right to terminate or cancel any of your The Playforge account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your The Playforge account(s) and/or ceasing use of any and all The Playforge Offerings is your sole right and remedy with respect to any dispute with The Playforge. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and The Playforge, including, without limitation, the Privacy Policy, or The Playforge's enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through The Playforge Offerings, or any change in or to such content, (c) your ability to access and/or use any The Playforge Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by The Playforge on or through any The Playforge Offering.
The Playforge reserves the right to collect fees, surcharges or costs incurred before you cancel your The Playforge account(s) or a particular subscription. In the event that your The Playforge account or a particular subscription is terminated or cancelled, The Playforge shall not be required to grant nor refund online time or other credits (e.g., points in an online game) nor be obligated to credit to you nor convert to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before The Playforge may allow you to create any new or additional accounts. All virtual currency and virtual items are unconditionally forfeited if your Game account is terminated or suspended for any reason, in The Playforge's sole discretion, or if The Playforge discontinues any Game.
Without limiting the foregoing provisions, if you violate these Terms of Use, The Playforge may issue you a warning regarding the violation, or, in The Playforge’s sole discretion, immediately terminate any and all The Playforge accounts that you have established with any The Playforge Offering, with or without notice.
The names and logos, and other graphics, logos, icons, and service names associated with The Playforge Offerings are trademarks, registered trademarks or trade dress of The Playforge or its licensors in the United States and/or other countries. The Playforge's trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of The Playforge, or in any manner that is likely to cause confusion among consumers or that disparages or discredits The Playforge. The compilation of all content on The Playforge Offerings is the exclusive property of The Playforge and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from The Playforge Offerings unless we have expressly authorized you to do so in writing. You may not use any of The Playforge's trademarks or trade dress in connection with any product or service that is not owned or operated by or on behalf of The Playforge, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits The Playforge. All other trademarks not owned by The Playforge that appear on The Playforge Offerings are the property of their respective owners, who may or may not be affiliated with or connected to The Playforge. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on The Playforge Offerings, you agree to indemnify and hold harmless The Playforge and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.
YOU EXPRESSLY AGREE THAT THE USE OF ANY THE PLAYFORGE OFFERING, THE PLAYFORGE SOFTWARE AND THE INTERNET ARE AT YOUR SOLE RISK. ALL THE PLAYFORGE OFFERINGS AND THE PLAYFORGE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PLAYFORGE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE THE PLAYFORGE OFFERINGS OR THE PLAYFORGE SOFTWARE AT TIMES OR LOCATIONS, OR THAT THE THE PLAYFORGE OFFERINGS, THE PLAYFORGE SOFTWARE, NEWSLETTERS OR E-MAILS SENT FROM THE PLAYFORGE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE PLAYFORGE IS TO STOP USING THE THE PLAYFORGE OFFERINGS AND THE PLAYFORGE SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR THE PLAYFORGE ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT THE PLAYFORGE IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A THE PLAYFORGE OFFERING BY, ANY THE PLAYFORGE OFFERING USER. IN NO EVENT SHALL THE PLAYFORGE OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE PLAYFORGE FOR YOUR PARTICIPATION IN ANY THE PLAYFORGE OFFERING. IN NO CASE SHALL THE PLAYFORGE OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY THE PLAYFORGE OFFERING OR THE PLAYFORGE SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE PLAYFORGE' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PLAYFORGE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PLAYFORGE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLAYFORGE OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING THE PLAYFORGE OFFERINGS AND THE PLAYFORGE SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless The Playforge and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any The Playforge Offering. Without limiting your indemnification obligations described herein, The Playforge reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are 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 the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and The Playforge relating to this subject matter, and cannot be changed or terminated orally.
The Playforge respects the privacy of The Playforge Offerings users. Please review our Privacy Policy, which also governs your access to and use of The Playforge Offerings, to understand our policies and practices with respect your personal information.
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, USA, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with The Playforge based upon or in any manner related to any access or use by you of any The Playforge Offering, shall be in the state and federal courts located in San Mateo County, California, USA.
You and The Playforge agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a The Playforge Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.
The
Playforge, LLC
Attn: Legal Department
1720 South Amphlett Blvd. Suite #320
San Mateo, California 94402 USA
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a The Playforge Offering in a way that may constitute copyright infringement, you may provide notice of your claim to The Playforge's Designated Agent listed below. For your notice to be effective, it must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within The Playforge Offering;
(iv) Information reasonably sufficient to permit The Playforge to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vii) The Playforge's Designated Agent is:
Playforge Games
Attn: Legal Department, Intellectual Property Agent
1700 S Amphlett Blvd Suite 205
San Mateo, California 94402 USA