Effective May 24, 2018.
When You send us e-mails or electronically chat with Crimson Pine Games employees, You are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
These Terms of Service confer only the right to use the Service, while these Terms of Service and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. Crimson Pine Games retains all right, title and interest in and to the Service and any content available therein, including, but not limited to, any Games, titles, source and object codes, Game client and server software, other computer codes and software, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations, sounds, musical compositions, audio-visual effects, concepts and methods of operation, laYout, text, data, files, images, graphics, the “look and feel” of the Service, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications thereof.
The Service is licensed, not sold, to You. You agree that we and our licensors own all right, title and interest in and to the Service, including all intellectual property rights therein, and that we retain ownership of the Service even after installation on Your device.
We are not obligated to maintain or support the Service, to provide all or any specific content through the Service, or to provide You with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the Service, disable access to the Service for any period of time or permanently, and automatically update or upgrade the version of the Service that You are using on Your device. You consent to such automatic updating or upgrading on Your device and agree that these Terms will apply to all such updates or upgrades unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to You arising out of any unavailability of the Service.
The license to use the Service granted under these Terms remains in effect until terminated by You or us. You may terminate the license at any time by destroying all copies of the Service in Your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if You in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, You must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service. Your termination of the license for any reason shall not release You from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
Crimson Pine Games Service 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 our Services.
Crimson Pine Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant You or any other party any right, title or interest in the Service or any content in the Service.
So long as You abide by these Terms, Crimson Pine Games grants You a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using a supported web browser or mobile device solely for Your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
If You violate these Terms or any of Our other terms that apply to You, We may take action against You, up to and including permanently suspending Your account. In addition, You may be breaking the law, including violations of Crimson Pine Games’ intellectual property rights.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY CRIMSON PINE GAMES SERVICES IS A VIOLATION OF CRIMSON PINE GAMES POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
CRIMSON PINE GAMES IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY CRIMSON PINE GAMES SERVICES (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 CRIMSON PINE GAMES SOFTWARE, RESIDES WITH YOU.
Any content You subscribed to is not Your property. This also applies to other stuff, like in-game currency or items, regardless of whether You “earned” those items in a game or “purchased” them. Your account and any related items are owned by Crimson Pine Games. Crimson Pine Games gives You a limited license to use Your account and the related items while We offer the Services. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Services.
Crimson Pine Games may manage, regulate, control, modify or eliminate Your virtual items in our sole discretion, and Crimson Pine Games will have no liability to You or anyone for exercising those rights.
WE MAY DELETE YOUR DATA IF YOU WERE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS. AFTER THAT YOU MAY LOSE ALL YOUR PROGRESS, ALONG WITH SPENDABLE IN-APP PURCHASES.
You are not allowed to transfer Virtual Items outside of the Service (i.e., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate Your Account because of it.
You may not use our Service if:
Third party advertisers are not owned by Crimson Pine Games. We act merely as an intermediary service provider of and accepts no responsibility or liability for, third-party content and services. Those sites may collect data or solicit personal information from You. We do not control such sites and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
Please also note that the linked sites are not under our control and may collect data or ask You to provide them with Your personal or other information, or they may automatically collect information from You. When You use other companies’ services like these, the other company’s service may (or may not) ask You for permission to access Your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from You.
You are responsible for Your interactions with other players. If You have a problem with another player, We are not required to get involved, but We can if We desire.
If You have a dispute with another player, You release Crimson Pine Games and its employees from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.
We provide a service in the form of access to games and Virtual Items. In the Service, You may use “real world” money to obtain a limited license to use Virtual Items and/or other goods or services.
You get a limited license to Virtual Items by visiting the purchase page in one of our games and providing billing authorization through the platform on which You are playing (e.g., Facebook, Apple iOS, Android). Virtual Items purchased in Our games on other platforms such as Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. Crimson Pine Games does not control how You can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information.
ALL SALES ARE FINAL.
YOU ACKNOWLEDGE THAT CRIMSON PINE GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY ON ANY PLATFORM WHERE WE OFFER OUR SERVICES.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
If You purchase third party currency or choose to make a payment in our Services through a third party (like Facebook, Apple, or Google), You are agreeing to the third party’s payment terms, and Crimson Pine Games is not a party to the transaction.
Additional Payment Terms:
You agree to pay all fees and applicable taxes incurred by You or anyone using an Account registered to You. Crimson Pine Games may revise the pricing for the goods and services it licenses to You through the Service at any time.
Subscriptions are also subject to additional terms, which can be found at Subscription Terms.
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If You see any material on the Service that in Your good faith belief may infringe someone’s copyright, You may notify us by e-mailing us at suppor[at]crimsonpine.com and by inserting “Copyright” in the subject line. In order for it to be effective, Your notice, also known as a takedown notice, must include the following information: (i) the identity of the original copyrighted work that You claim is infringed or – if Your notice covers multiple copyrighted works – You may provide a representative list of the copyrighted works that You claim have been infringed; (ii) a sufficiently detailed description of the content on the Service that You claim infringes the copyrighted work; (iii) Your contact information, including Your full name, mailing address, telephone number, and email address, if available; (iv) a statement that You believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and (v) this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and (vi) a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
You acknowledge and agree that we may use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit: (i) Your Game scores; (ii) Your Game play sessions; (iii) Your presence on the Service; (iv) the time that You spend on or within particular portions of the Service; (v) rankings, statistics and User profiles; and (vi) other Service usage information, in any media now existing or hereafter developed, and that all of the above are our sole and exclusive property and may be used by us (and our affiliates, partners, licensors and licensees and other third parties authorized by us) for any purpose, including for commercial or promotional use. If You are deemed to have retained, under applicable law, any right, title or interest in or to any portion of such information or materials, You agree to and hereby do assign solely and exclusively to us all of Your right, title and interest in and to such information or materials, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to repro-duce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such information or materials, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, You hereby waive any moral rights or rights of publicity or privacy You may have in such information or materials.
You agree to indemnify and hold Crimson Pine Games (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of Your use of or access to the Service, Your breach of these Terms, or Your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under these Terms.
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.