Terms of Service
Effective Date: October 1, 2012
This Agreement (“Agreement”) govern the relationship between you and Free Range Games, LLC (“FRG”) and sets forth the terms of service (“Terms”) for your use of www.freerangegames.com or any subsequent or related URL (“Site”) and any and all related services, games, software, features or functionality made available on, through or with the Site (“Services”). By accessing the Site or using the Services, you accept these terms and agree to comply with any Policies posted from time to time. If you do not accept these Terms, do not access or use the Site or Services.
1. Your Representations
You represent (1) that you are over 13 years old and that you have the legal capacity or necessary permission from your parent or guardian to accept these terms, (2) that you are not barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
3. Changes and Supplemental Policies
FRG may adopt and post additional rules, codes, terms and other policies from time to time that you must follow and that are included in this Agreement by reference (“Policies”). We may change our Terms and Policies at any time by posting the changes to the Site. You agree to routinely check for changes. Using the Site or Services after any changes are posted means you have accepted those changes. If any changes unacceptable to you, you should immediately stop using the Site and Services and cancel your account.
4. Limited License
We grant to you a limited, non-exclusive, non-transferable, revocable license to use the Site and Services for your own individual and personal use subject to these Terms. You are granted no other rights in or to the intellectual property of FRG or any other party. All other rights, title and interest with respect to the Site and Services not explicitly granted in these terms and all copyright, patent, trademark, trade secret and other similar proprietary or property rights and interests are reserved. If you choose to submit data or information to us, including UGC as specifically described below, you grant us an unlimited, royalty-free, worldwide, irrevocable, perpetual license to use and distribute such information at our discretion.
You may be required to create an Account to use certain Services. You are responsible for all activities conducted through your Account. You agree to provide and maintain true and accurate Account information at all times.
6. Player Names
You may create or be assigned a player name (“Player Name”) to use certain Services. Objectionable Player Names may be rejected at our discretion. Player Names may be deactivated after six (6) months of continuous inactivity, and any related scores, records, ranks and other Service related information removed at our discretion.
7. Software Downloads
You may need to download and install client software (“Software”) as part of certain Services. You are responsible for all your own hardware, software and Internet access necessary to use the Software, Site and Services, including any fees relating to telephone or Internet access charges that you many need to access the Site or Services. The Software is licensed to you as described above for your limited, personal, non-commercial home use only. Title or ownership of the Software is not transferred to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt, or otherwise reduce it to a human-readable form, except to the extent permitted by applicable law.
8. User Conduct
You must follow these Terms and all posted Policies at all times. You may not use or attempt to use the Site or Services in any way for commercial purposes or that is unlawful or that harms, or is likely to harm, anyone. You may not use any mechanism that allows automated gameplay, expedited gameplay, or other manipulation of gameplay. You are also expected to follow basic rules of community etiquette and exercise common sense and courtesy when using the Site and Services.
Failure to act according may result in suspension or termination of your Account. We may take any action we deem necessary to enforce these Terms or to discourage or punish any violation without prior notice or warning. The determination as to whether or not any action or penalty is necessary remains solely within FRG’s exclusive discretion and you agree you will be bound by our determination.
For example, users should not take any action likely or intended to:
* Harm anyone in any way
* Cheat the community, Site or Services
* Disrupt or impede the normal flow of the Site or Services
* Disguise the origin of any action with respect to the Site or services
* Impersonate or misrepresent your affiliation with any person or entity
* Infringe any patent, trademark, trade secret, copyright, moral rights or other proprietary rights of anyone
* Submit content that is inappropriate or objectionable in any form or manner
* Interrupt the Site or Services or any computer software or hardware or telecommunications equipment
* Solicit or communicate with anyone without their consent or approval
* Collect or store personal data about others
* Encourage illegal activity or promote any activity that violates these Terms
* Interfere with others use or enjoyment of the Site or Services
We cannot and do not assure that other users are or will be complying with the above examples or any other provisions of these Terms and you assume all risk of harm or injury resulting from any such lack of compliance. Unless otherwise specified, there is no requirement or expectation that FRG will monitor or record any online activity on the Site, including communications. FRG reserves the right to access and/or record any online activity with respect to the Site or Services and you give FRG your express consent to access and record your activities, including communications.
9. User Generated Content
Portions of the Site and Services may offer a platform or act as forum for content submissions from users or other user generated content (“UGC”). UGC includes any and all data, information, materials or other similar content submitted by a user of the Site or Services in any form, context or medium to or through the Site or Services. UGC may include player names and any forum posts, chat posts, online messages, or other similar social media materials contributed to, appearing on or emanating from Services. FRG is not responsible for any statements, representations, or omissions made through or in UGC. Any opinions, advice, purported facts, recommendations or other expressions in UGC are those of the contributors who make them, and not those of FRG and FRG does not endorse such expressions.
When you submit UGC, you expressly grant to FRG and its licensors a worldwide, perpetual, irrevocable, fully-transferable, sub-licensable, royalty-free license and right to use, create derivative works from, and distribute the content, or any portion thereof, in any manner or form and in any medium or forum for any purpose at our discretion, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You further waive and agree not to assert any moral or similar rights you may have in such content.
If the Services through which you submit UGC enable other users to access or use your submission as part of the Services, then you grant all other users of the applicable Services the right, subject to these Terms, to use, create derivative works from, and distribute such content on or through the relevant or applicable Services without further notice, attribution or compensation to you.
You are solely responsible for all UGC you submit. You may not submit content that infringes the copyright, moral rights, trademark, intellectual property rights, proprietary rights or other similar rights of a third party. You may not submit content that violates the law, these Terms or any third party’s rights, including rights of privacy or publicity. You must only submit content that you are authorized or have a legal right to contribute by the owner or by applicable law.
UGC is not confidential and may become publicly available through the Site and applicable Services. You may be exposed to content that you find objectionable. You agree that you use the Site and Services at your own risk. We are not responsible for any UGC submission. We do not pre-screen all content and do not endorse or approve any content that you and other users may contribute. As a matter of policy, FRG does not necessarily monitor or moderate UGC, but we reserve the right, without obligation, to monitor, moderate, block, reject, remove, move, disable, modify or otherwise similarly manage any content at our discretion. We, without prior notice to you and in our sole judgment, remove UGC. Your Account may be terminated as the result of content you submit. To the maximum extent permitted by applicable law, FRG does not assume any responsibility or liability for UGC, or for the removal of, or failure to or delay in removing, any content.
10. Beta Tests
You may be given the opportunity to Beta test new games and Services (“Beta Games”). As a Beta tester, you are invited to play Beta Games for the sole purpose of evaluating the games and identifying errors. The Beta games and Services are provided for testing on an “AS IS”, “AS AVAILABLE” basis and we make no warranty to you of any kind, express or implied. When playing some Beta Games, you may accumulate virtual currency, items, experience, points, credits, scores, or other similar accumulated value, status indicators or date (collectively “Beta History”). Your Beta History may be reset at any time during the testing process, and it may be reset when the particular game completes the Beta testing phase, all Beta History may be erased and each player will return to initial or novice status.
You agree that (a) playing Beta games is at your own risk and that Beta games may include known or unknown bugs, (b) Beta History may be erased at any time, (c) FRG has no obligation to make Beta games available without charge for any period of time or at all, (d) Beta Games may be not be available free of charge once the testing process is completed, (v) these Terms apply to your use of the Beta games during the testing phase, and (e) if it is a closed Beta test, you will keep all information about the Beta Games confidential.
11. Fees and Purchase Terms
Some Services require payment of a fee. You must have a current and active Account and pay applicable fees using an authorized payment method. If your payment use is subject to use or sales tax, then we may also charge you for any such taxes, in addition to the other fees. ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. You must provide current, complete, and accurate payment information at all times. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account.
You may pay fees using any authorized payment methods made available by or through the Site and payment methods may vary. Payments may be processed by authorized third-parties as applicable and you must agree to the terms and conditions applicable to each payment method you choose.
FRG may change its fees and payment methods from time to time. If any change is unacceptable to you, you may cancel your account at any time. We will not refund any fees that have accrued to your account before such cancellation and we will not pro-rate fees for any charges.
12. Virtual Items and Currency
With certain Services you may be given, earn or purchase a license to use certain virtual credits or currency, virtual equipment, virtual items or other virtual goods or services (collectively “Virtual Items”). PURCHASE FEES FOR VIRTUAL ITEMS ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
When you purchase, receive or otherwise acquire Virtual Items, you do not own those credits or items, rather you receive a limited, revocable license to use those credits or items in exchange for permission to access and use certain Services in accordance with these Terms. You may not sell or transfer Virtual Items to anyone and any attempt to do is void. We may change the ways that you can use Virtual Items and we reserve the right to stop issuing Virtual Items at any time. Virtual Items are not redeemable for any sum of money or monetary value from us unless otherwise required by law.
Certain Services may include virtual credits or currency (“Slugs”). We may or may not charge fees to acquire or use Slugs and these fees may change at any time. Purchases of Slugs are non-refundable to the fullest extent permitted by law. We may revoke your license to use Slugs at any time without notice, refund or compensation in the event that (a) Slugs is suspended or discontinued in its entirety, (b) we institute an expiration program on usage of Slugs in compliance with applicable laws, (c) your Account is terminated pursuant to these Terms, or (d) you cancel or fail to maintain a current and active Account.
Slugs are not real world currency or any type of financial instrument and are not redeemable for any sum of money or any similar value at any time. You agree that FRG has the right to manage, regulate, control, or otherwise modify the license rights underlying Slugs at its discretion and that FRG will have no liability to you based on its exercise of this right.
13. Interruption of Service
We cannot guarantee that you will be able to access the Services or your Account at all times. We reserve the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. Services may be interrupted for reasons beyond our control. We have the right at any time with or without reason to change or eliminate any aspect of the Services at or sole discretion. We will not be liable for any interruption of the Services, delay or failure to perform resulting from any of the above causes whatsoever.
14. Third Party Links
Our system contains links to other sites. FRG does not control or endorse those sites by linking to them. You are solely responsible for your use of those sites.
15. Intellectual Property
The Site and all content and materials located thereon, including without limitation any names and logos (the “FRG Marks”), the Services, Software, games, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of FRG or its licensors. The FRG Marks are our trademarks or registered trademarks. Other trademarks, service marks, graphics, logos and domain names may be the trademarks of third parties. The Site is Copyright © 2012 Free Range Games, LLC, ALL RIGHTS RESERVED.
16. COPYRIGHT NOTICES/COMPLAINTS:
The Digital Millennium Copyright Act (“DMCA”) 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 have a good faith believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Site or in any Service or game in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent listed below. For your notice to be effective, it must include the following information:
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. A description identifying the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. A description of where the material that you claim is infringing is located;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
5. 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
6. 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.
Our Designated Agent is:
Free Range Games Attn: Intellectual Property Agent
80 Liberty Ship Way, Suite 1 Sausalito, CA 94965
17. Termination an Cancellation
AT ITS SOLE DISCRETION, FRG MAY LIMIT, MODIFY, OR TERMINATE YOUR ACCOUNT FOR FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. We may also terminate your account at any time, with or without reason, by sending prior email notice to the email address associated with your account.
If you do not agree to these Terms, your sole remedy is to not use or stop using the Site and Services and to cancel your Account. You may cancel your Account at any time by (a) delivering notice to FRG as described below or (b) ceasing all account activity for a continuous period of six (6) months, at which time your account will be deemed cancelled and terminated.
If your Account is terminated or cancelled, all licenses granted to you are revoked, including for any Virtual Items, no refunds will be made, no Virtual Items will converted to real world cash or other forms of reimbursement, and you will have no further access to your Account, Virtual Items or your Player Name. You are responsible for any fees, charges and costs incurred before your cancellation. Provisions of this Agreement that by their nature would apply after termination or cancellation shall survive.
18. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF SITE, SERVICES, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. OUR SITE, SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, 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).
WE MAKE NO WARRANTY ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SITE, SERVICES, SOFTWARE OR CONTENT. WE MAKE NO WARRANTY THAT THE SITE, SERVICES SOFTWARE OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.
19. Limitation 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, RESULTING FROM, RELATED TO OR IN ANY WAY WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, SOFTWARE, CONDUCT, INCLUDING
G UGC FROM ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO THESE TERMS 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 UNDER NOT CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
YOU AGREE NOT TO SEEK TO HOLD US AND WE SHALL NOT BE HELD LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, CONTENT CONTRIBUTORS, 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.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE GREATER OF $200.00 USD OR THE AMOUNT YOU HAVE PAID TO US IN THE LAST ONE HUNDRED AND SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERTED ANY SUCH CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNTS DURING SUCH PERIOD, THEN THE SOLE AND EXCLUSIVE REMEDY FOR YOU FOR ANY DISPUTE WITH US IS TO STOP USING THE SITE AND SERVICES 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.
At our request, you agree to defend, indemnify and hold FRG harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising from or relating to your use or misuse of the Site or Services, violation of these Terms, breach of any representations or warranties, communication and activity, content you contribute, or improper or illegal use of your Account, including by someone that you have allowed to access your Account.
FRG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FRG, and you agree to cooperate with FRG’s defense of these claims. FRG will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
21. Dispute Resolution and Governing Law
This Agreement and the relationship between you and FRG, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in Sausalito, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles or the United Nations Convention on the International Sale of Goods.
THE PROPER VENUE FOR ANY CLAIM OR JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE OR SERVICES WILL BE THE STATE AND FEDERAL COURTS IN AND FOR SAUSALITO, CALIFORNIA. IN CONNECTION WITH THIS SECTION, THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS. Notwithstanding the foregoing, you agree that FRG shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction at its discretion. In no event shall any claim, action or proceeding related in any way to this Agreement be instituted by you more than one (1) year after the cause of action arose.
You acknowledge that the rights granted and obligations made to FRG under this are of a unique and irreplaceable nature, the loss of which shall irreparably harm FRG and which cannot be replaced by monetary damages alone. Accordingly, FRG 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 Site or Services, or any content or other materials used or displayed through the Services, and agree to limit your claims to claims for monetary damages as otherwise limited by these Terms.
22. Miscellaneous Terms
FRG may assign its rights and obligation under this Agreement to any party at any time without notice to you. You may not assign or transfer your rights or obligations under this Agreement and any attempt to the contrary is void. This Agreement is only for the benefit of you and FRG. No third party has any right, claim or interest under this Agreement as a third party beneficiary. Our delay or failure to enforce any terms of this Agreement contract is not a waiver of our right to act with respect to such terms. This Agreement, including all applicable posted Policies, sets forth the entire understanding and agreement between you and FRG and supersedes all related communications and prevails over any other provisions with respect to its subject matter. If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force allowed by law. Headings are used for convenience and are not to be used for meaning or intent.
All notices to you shall be made and effective on the date sent by email to the email address associated with your Account. All notices to FRG related to this Agreement are effective upon receipt and may be sent by email to email@example.com or by registered mail to:
FREE RANGE GAMES
80 LIBERTY SHIP WAY, SUITE 1
SAUSALITO, CA 94965