GUERILLAPPS TERMS OF SERVICE
(Last updated May 13, 2011)
Guerillapps develops and publishes social games. The terms of this agreement (the “Terms of Service” or “ToS”) govern the relationship between you (“You”) and Guerillapps (hereinafter “Guerillapps” or “Us” or “We”) regarding Your use of Guerillapps’ social games and related services, which includes Guerillapps websites (the “Service”). In this ToS, “Guerillapps” means Guerillapps LLC located at 65 Broadway Suite #807, New York, NY 10006.
- These Terms of Service describe Your legal rights and obligations related to the Service. If You are under 18 years old (or the age of majority in Your location), You should have a parent or guardian review these Terms of Service.
- If You are between the ages of 13 and 17 (or the age of majority in Your location), You represent that Your legal guardian has reviewed and agreed to these Terms.
- If You are under 13 You are not authorized to use the Service in any way.
TABLE OF CONTENTS
- 1 ACCESS TO AND USE OF THE SERVICE
- 2 USER CONTENT
- 3 FEES AND PURCHASE TERMS
- 4 THIRD PARTY ADVERTISING
- 5 COPYRIGHT NOTICES/COMPLAINTS
- 6 UPDATES TO THE SERVICE
- 7 DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
- 8 DISPUTE RESOLUTION
- 9 SEVERABILITY
10 GENERAL PROVISIONS
1 ACCESS TO AND USE OF THE SERVICE
1.1 Accessing the Service
Before accessing or using the Service, including browsing any Guerillapps website or accessing a game, You must agree to these Terms of Service and the Privacy Statement . You may also be required to register an account on the Service (an “Account”), have a valid account on Facebook through which You connect to the Service, or have an account with the applications provider for Your mobile device.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees (including any SMS/MMS messaging charges or roaming charges) that You incur when accessing the Service.
1.2 Use of the Service
The following restrictions apply to the use of the Service:
1.2.1 You may use Your Account only for non-commercial purposes;
1.2.2 You may not create an Account or access the Service if You are under the age of 13, and You will deny access to children under the age of 13;
1.2.3 You accept full responsibility for any use of the Service by minors. Your are responsible for any use of Your credit card or other payment instrument (e.g. PayPal) by minors;
1.2.4 You may not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than Yourself;
1.2.5 You may not have an Account or use the Service if You have previously been removed by Guerillapps, or previously been banned from playing any Guerillapps game;
1.2.6 You may not use Your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages spim and spam to anyone;
1.2.7 You may not use Your Account to engage in any illegal conduct;
1.2.8 You may not rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account or any virtual items or virtual currency associated with Your Account to anyone without using functionality provided by Guerillapps as part of the Service or Guerillapps’ written permission; and
1.2.9 You may not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Guerillapps’ permission.
1.2.10 If You access the Service from Facebook You shall comply with Facebook’s terms of service/use as well as these Terms of Service.
1.3 Account Information
When creating or updating an Account on the Service, You are required to provide Guerillapps with certain personal information, which may include Your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Guerillapps’ Privacy Statement. You agree that You will supply accurate and complete information to Guerillapps, and that You will update that information promptly after it changes.
1.4 Username and Password
During the Account creation process, You will be required to select a password (“Login Information”). The following rules govern the security of Your Login Information:
1.4.1 You may not share the Account or the Login Information with anyone or let anyone else access Your account or do anything else that might jeopardize the security of Your Account;
1.4.2 If You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, You must immediately notify Guerillapps and change Your password;
1.4.3 You are solely responsible for maintaining the confidentiality of the Login Information, and You will be responsible for all uses of the Login Information, including purchases, whether or not authorized by You; and
1.4.4 Except to the extent directly caused by a knowing and intentional act or failure to act on the part of Guerillapps, You are responsible for anything that happens through Your Account.
Guerillapps reserves the right to remove or reclaim any user IDs at any time and for any reason, including but not limited to claims by a third party that a user ID violates the third party’s rights.
1.5 Privacy Statement
Use of the Service is also governed by Guerillapps’ Privacy Statement, which is incorporated herein by reference. Your privacy is important to us. We designed Guerillapps’ Privacy Statement to make important disclosures about how we collect and use Your content and information and how You can use the Service to share such information with others. By using the Service You are accepting the terms of the Privacy Statement, so We encourage You to read the Guerillapps Privacy Statement, carefully, and use it to help You make informed decisions about Your personal information.
By creating an account or accessing or using the Service You accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of Your information as described in Guerillapps’ Privacy Statement.
1.6 Grant of a Limited License to Use the Service
Subject to Your continuing compliance with these Terms of Service and any other relevant Guerillapps policies, Guerillapps grants You a non-exclusive, non-transferable, revocable limited license, subject to the limitations set forth in this ToS, to access and use the Service using a web browser or mobile device solely for Your own non-commercial entertainment purposes. Use the Service for any other purpose is not authorized and is a violation of this limited license.
1.7 License Limitations
1.7.1 Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of Your limited license granted by Section 1.4, and may subject You to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GUERILLAPPS GAME IS A VIOLATION OF GUERILLAPPS POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
1.7.2 General Limitations
You agree that You will not, under any circumstances:
(a) Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, Our game rules, game mechanics or policies;
(b) Make improper use of Guerillapps’ support services, including by submitting false abuse reports; or
(c) Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.
1.7.3 CHEATING AND HACKING
You agree that You will not, under any circumstances:
(a) Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Guerillapps Game or any Guerillapps game experience;
(b) Use the Service to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service, any Guerillapps game or any Guerillapps game experience;
(c) Without Guerillapps’ express written consent, modify or cause to be modified any files that are a part of the Service or any Guerillapps game;
(d) Knowingly disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Guerillapps game environment (each a “Server”); or (2) the enjoyment of the Service or any Guerillapps game by any other person;
(e) Knowingly institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
(f) Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Guerillapps, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
1.7.4 OFFENSIVE OR INFRINGING CONTENT
You agree that You will not, under any circumstances:
(a) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
(b) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
(c) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Guerillapps customer service representatives or other employees; or
(d) Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Guerillapps employee.
1.7.5 COMMERCIAL ACTIVITY
You agree that You will not, under any circumstances:
(a) Without Guerillapps’ express written consent, use the Service, any Guerillapps game, or any part thereof for any commercial purpose, including but not limited to, (1) permitting, authorizing, or offering use of the Service, any Guerillapps game, or any part thereof at a cyber café, computer gaming center or any other commercial establishment provided however that, for clarity, providing the means for users to access the Internet is not prohibited by the forgoing, (2) communicating or facilitating any commercial advertisement or solicitation, or (3) gathering in-game currency, items or resources for sale (commonly known as “gold farming”);
(b) Use the Service, any Guerillapps game, or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or
(c) Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
1.7.6 UNAUTHORIZED USE OR CONNECTION TO THE SERVICE
You agree that You will not, under any circumstances:
(a) Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any Guerillapps game in any way not expressly permitted by these Terms of Service;
(b) Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service or any Guerillapps game to store information about Guerillapps game characters, elements, or environment. Guerillapps may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
(c) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
(d) Make any automated use of the system, or take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure;
(e) Bypass any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
(f) Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (2) any connection using programs, tools, or software not expressly approved by Guerillapps;
(g) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Guerillapps game, or to obtain any information from the Service or any Guerillapps game using any method not expressly permitted by Guerillapps; or
(h) Copy, modify or distribute rights or content from any Guerillapps site or game, or Guerillapps’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service.
1.7.7 COLLECTION AND PUBLICATION OF PERSONAL INFORMATION
You agree that You will not, under any circumstances:
(a) Solicit or attempt to solicit personal information from other users of the Service or any Guerillapps game;
(b) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
(c) Upload or transmit (or attempt to upload or to transmit), without Guerillapps’ express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
1.8 Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, GUERILLAPPS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO GUERILLAPPS SERVICES OR PORTIONS THEREOF IF YOU ARE, OR GUERILLAPPS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND GUERILLAPPS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE 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 SERVICE 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.
Guerillapps reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point Your license to use the Service or a part thereof will be automatically terminated. In such event, except to the extent required by law in connection with any virtual currency, Guerillapps shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Termination of Your Account can include disabling Your access to the Service or any part thereof including any content You submitted or others submitted.
You may cancel any Account registered to You at any time by following the instructions on [INSERT URL].
1.9.1 Games and Service
The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Guerillapps game client, and the Guerillapps game clients and server software) are copyrighted works owned by Guerillapps LLC. Guerillapps reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GUERILLAPPS. GUERILLAPPS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
1.9.3 Virtual Items
Guerillapps owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or the Guerillapps games. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Guerillapps game, whether earned in a game or purchased from Guerillapps, or any other attributes associated with an Account or stored on the Service, except to the extent required by law as related to virtual currency.
Guerillapps prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Guerillapps in writing. Accordingly, You may not trade, sell or attempt to sell in-game items or currency for “real” money, or exchange those items or currency for value of any kind outside of a game, without Guerillapps’ written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination.
1.9.4 User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that You upload or transmit through a Guerillapps game client or the Service, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) You acknowledge and agree that any of Your personal information within such content will at all times be processed by Guerillapps in accordance with its Privacy Statement.
You hereby grant Guerillapps a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content. The license You grant Us to use user posted content (except any content You submit in response to Guerillapps promotions and competition or any other content specifically solicited by Guerillapps) ends when You delete Your User Content or You close Your Account unless Your User Content has been shared with others, and they have not deleted it. However, You understand and accept that removed User Content may persist in back-up copies for a reasonable period of time.
1.10 Updates to the Terms of Service and Guerillapps Privacy Statement
Guerillapps reserves the right, at Our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Statement at any time by posting the amended Terms on the Guerillapps Service. If You have provided us with another means to contact You (e.g., an email address), You will also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Guerillapps may also revise other policies, codes or rules at any time, and the new versions will be available on guerillapps.com or in the Service. We will use commercially reasonable efforts (given the nature of the revisions) to notify You of such revisions. No amendment to the Terms of Service or Privacy Statement shall apply to any dispute of which Guerillapps had actual notice before the date of the amendment.
This ToS may not be otherwise amended except in a writing hand signed by You and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
Any use of the Service is subject to the then-current version of Our Terms of Service. If at any point You do not agree to any portion of the then-current version of Our Terms of Service, the Guerillapps Privacy Statement, or any other Guerillapps policy, rules or codes of conduct relating to Your use of the Service, You must immediately stop using the Service. Continued use of the Service indicates Your acceptance of the then-current ToS and Privacy Statement.
To the extent the Terms of Service or the Guerillapps Privacy Statement conflict with any other Guerillapps terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Guerillapps Privacy Statement shall govern.
1.11 Beta Test Participation
From time to time We may conduct certain closed or limited tests (a “Beta Test”) of new features, capabilities, and performance provided by the Service, including new games or new versions of games (collectively, a “Beta Product”). You may be given the opportunity to participate in such a Beta Test. Participation in a Beta Test is subject to the terms of this Section in addition to the rest of this ToS.
1.11.1 Beta Test Obligations
You hereby agree to test, evaluate and analyze the Beta Product, including specific aspects as identified by Us, and to provide feedback, analysis, suggestions and comments to Us as reasonably requested by Us or as otherwise voluntarily provided by You (collectively, “Feedback”). You may discontinue participation in the Beta Test activities at any time.
1.11.2 Confidentiality Obligations
YOU MAY DISCLOSE THAT THE BETA TEST EXISTS AND THAT YOU ARE PARTICIPATING IN IT. HOWEVER, YOU AGREE THAT YOU WILL NOT PUBLISH, DISCLOSE, DISTRIBUTE, TRANSMIT, POST OR OTHERWISE MAKE AVAILABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY, ANY GUERILLAPPS CONFIDENTIAL INFORMATION (“CONFIDENTIAL INFORMATION”), AS DEFINED BELOW, EXCEPT AS REQUIRED BY A JUDICIAL OR GOVERNMENTAL ORDER AS SET FORTH BELOW, UNTIL AND UNLESS GUERILLAPPS AUTHORIZES YOU TO DO SO IN WRITING.
Confidential Information includes any and all information relating to, contained in, or relayed through Guerillapps during the Beta Test, including but not limited to information relating to the performance, capabilities and contents of Guerillapps.com, your feedback, any other Beta Test participant’s feedback, and any other information relating to, contained in, or relayed through Guerillapps during the Beta Test.
You may disclose Confidential Information in accordance with a judicial or governmental order provided that, (a) you give Guerillapps prompt written notice of such order so we have the opportunity to seek a protective order or other appropriate remedy to such order, (b) you provide Guerillapps with all reasonable assistance in opposing such required disclosure or seeking a protective order or other appropriate remedy, and (c) you disclose only such portion of the Confidential Information as is either permitted by Guerillapps or required by the court, tribunal, governmental agency or other authority, subject to any protective order other appropriate remedy.
2.1 Content Screening
Guerillapps assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at Our discretion, Our representatives or technology may monitor and/or record Your interaction with the Service or communications (including without limitation chat text) when You are using the Service.
By entering into these Terms of Service, You hereby provide Your irrevocable consent to such monitoring and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Guerillapps chooses, in its sole discretion, to monitor the Service, Guerillapps nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in Our sole discretion to edit, refuse to post, or remove any User Content.
2.2 Information Use by Other Members of the Service
2.2.1 Public Discourse
The Service may include various forums, blogs and chat features where You can post User Content, including Your observations and comments on designated topics. Guerillapps cannot guarantee that other members will not use the ideas and information that You share. Therefore, if You have an idea or information that You would like to keep confidential and/or don’t want others to use, do not post it on the Service in any form. Guerillapps shall have no responsibility to evaluate, use or compensate You for any ideas or information You may choose to submit.
GUERILLAPPS IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS OR OTHER AREAS OF THE SERVICE.
2.2.2 Responsible For Your Own Content
You are solely responsible for the information that You post on, through or in connection with the Service and that You provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Guerillapps assumes no responsibility or liability for this material. If You become aware of misuse of the Service by any person, please use any “Report Abuse” link provided or contact us at Customer Support.
Guerillapps may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Guerillapps violates these Terms of Service or is otherwise objectionable or disruptive.
Guerillapps reserves the right to limit the storage capacity of User Content that You post on, through or in connection with the Service.
You expressly agree that We have the right, at all times, and at Our sole discretion, to disclose any User Content and other information (including without limitation chat text, voice communications, IP addresses and Your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when We have a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow Us to satisfy any applicable law, regulation or governmental request; (c) to allow Us to enforce these Terms of Service, including the Guerillapps Privacy Statement or any other agreement, terms or policy relating to the Service, (d) to protect Our legal rights and remedies; (e) in other circumstances in which We believe the Guerillapps games or web sites are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when We have a good faith belief that there is a threat to the health and/or safety of You or another person; or (h) when necessary either to protect the rights or property of Guerillapps, or for Us to render the Service You have requested.
2.4 User Interactions
2.4.1 Member Disputes
You are solely responsible for Your interactions with other users of the Service and any other parties with whom You interact through the Service and/or Guerillapps games. Guerillapps reserves the right, but has no obligation, to become involved in any way with these disputes.
If You have a dispute with one or more users, You release us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
In the Service You may use Facebook Credits to purchase a license to use “virtual in-game items” ( “Virtual Items”); and (c) other goods or services (“Merchandise”).
ALL PURCHASES AND REDEMPTIONS OF FACEBOOK CREDITS MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Items by visiting the purchase page in one of Our games. In some cases you may be asked to confirm the particulars of Your purchase and re-affirm Your agreement to these Terms. When You purchase Virtual Items from Our Service, we may send You a confirmatory e-mail that will contain details of the items You have ordered. If you receive such an e-mail, please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for Your records. Guerillapps keeps records of transactions in order to deal with any subsequent queries. Your purchase of Facebook Credits from Facebook or any other 3rd Party Site is subject to Facebook’s or the 3rd Party Site’s, as applicable, payment terms and Guerillapps is not a party to the transaction.
For Virtual Items, Your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the Virtual Items available in Your account for You to use in Our games.
The provision of Virtual Items for use in Guerillapps games is a service provided by Guerillapps that commences immediately upon acceptance by Guerillapps of Your purchase. By ordering Virtual Items You agree and accept that Guerillapps will provide them to You immediately following completion of Your purchase. If You reside in the European Union and You purchase a product or service from Guerillapps, You have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, You lose Your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if You purchase Virtual Items from us, Your right of withdrawal is lost as the performance of Our services begins immediately once Your purchase is completed.
You may be able to order real world (i.e., physical) items from one of our partners and/or sponsors. Such a purchase will require You to visit a website operated by such partner/sponsor, in which case You will be subject to the terms of service and privacy practices of that partner/sponsor website.
3.2 Payment of Fees
You agree to pay all fees and applicable taxes incurred by You or anyone using an Account registered to You. Guerillapps may revise the pricing for the goods and services offered through the Service at any time. EXCEPT TO THE EXTENT REQUIRED BY LAW WITH REGARD TO VIRTUAL CURRENCY, YOU ACKNOWLEDGE THAT GUERILLAPPS IS NOT REQUIRED TO PROVIDE A REFUND OR REPLACE ANY VIRTUAL ITEMS 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.
4.1 Third Party Advertisements
You understand that the Service and Guerillapps games may feature advertisements from Guerillapps or third parties. Guerillapps’ disclosure of information for third party advertising is addressed in Guerillapps’ Privacy Statement.
4.2 Links to Third Party Sites And Dealings With Advertisers
Guerillapps may provide links on the Service to third party websites or vendors who may invite You to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Any charges or obligations You incur in Your dealings with these third parties are Your responsibility. Guerillapps makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from Our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Guerillapps and may collect data or solicit personal information from You. Guerillapps is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Guerillapps of these linked sites.
5 COPYRIGHT NOTICES/COMPLAINTS
It is Guerillapps’ policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to http://guerillapps.com to review Our DMCA Notification Guidelines. Guerillapps reserves the right to terminate without notice any User’s access to the Guerillapps Service if that User is determined by Guerillapps to be a “repeat infringer.” In addition, Guerillapps accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6 UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Guerillapps may require that You accept updates to the Service and to Guerillapps’ games You have installed on Your computer. You acknowledge and agree that Guerillapps may update the Service and Guerillapps games, with or without notifying You. You may need to update third party software from time to time in order to receive the Service and play Guerillapps’ Games.
7 DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
7.1 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER GUERILLAPPS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “GUERILLAPPS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
7.2 LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE GUERILLAPPS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE GUERILLAPPS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GUERILLAPPS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EXCEPT TO THE EXTENT REQUIRED BY LAW WITH REGARD TO VIRTUAL CURRENCY, UNDER NO CIRCUMSTANCES WILL THE GUERILLAPPS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GUERILLAPPS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID GUERILLAPPS ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, EXCEPT TO THE EXTENT REQUIRED BY LAW WITH REGARD TO VIRTUAL CURRENCY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GUERILLAPPS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold Guerillapps, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms of Service, or any breach of the representations, warranties, and covenants made by You herein. Guerillapps reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Guerillapps, and You agree to cooperate with Guerillapps’ defense of these claims. Guerillapps will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of Your Account(s) or of the Service.
8 DISPUTE RESOLUTION
If a dispute arises between You and Guerillapps, Our goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and Guerillapps agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or Our services (a “Claim”) in accordance with one of the subsections below or as we and You otherwise agree in writing. Before resorting to these alternatives, we strongly encourage You to first contact us directly to seek a resolution by going to http://guerillapps.com/contact-us/. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
8.2 Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute You may have against Guerillapps LLC must be resolved exclusively by a state or federal court located in New York, NY, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York, NY, for the purpose of litigating all such claims or disputes.
8.3 Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8.4 Improperly Filed Claims
All claims You bring against Guerillapps must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should You file a claim contrary to Section 8.2, Guerillapps shall be entitled to recover attorneys’ fees and costs up to $1000, provided that Guerillapps has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.
You and Guerillapps agree that if any portion of these Terms of Service or of the Guerillapps Privacy Statement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
10 GENERAL PROVISIONS
Guerillapps may assign or delegate these Terms of Service and/or the Guerillapps Privacy Statement, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without Guerillapps’ prior written consent, and any unauthorized assignment and delegation by You is ineffective.
10.2 Supplemental Policies
Guerillapps may publish additional policies related to specific Services such as forums, contests or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms of Service.
10.3 Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Guerillapps Privacy Statement), contain the entire understanding of You and Guerillapps, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between You and us with respect to the Service.
10.4 No Waiver
The failure of Guerillapps to require or enforce strict performance by You of any provision of these Terms of Service or the Guerillapps Privacy Statement or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Guerillapps’ right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Guerillapps of any provision, condition, or requirement of these Terms of Service or the Guerillapps Privacy Statement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Guerillapps shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Guerillapps.
We may notify You via postings on guerillapps.com, and via e-mail or any other communications means to contact information You provide to us. All notices given by You or required from You under these Terms of Service or the Guerillapps Privacy Statement shall be in writing and addressed to: Guerillapps Attn: Raviv, 65 Broadway New York, NY 10006.
Any notices that You provide without compliance with this Section on Notices shall have no legal effect.
10.6 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Guerillapps are of a unique and irreplaceable nature, the loss of which shall irreparably harm Guerillapps and which cannot be replaced by monetary damages alone so that Guerillapps shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Guerillapps game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit Your claims to claims for monetary damages, limited by Section 7.2 (if any).
10.7 Force Majeure
Guerillapps shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Guerillapps, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Guerillapps’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or unavailability of the Facebook service.