To be eligible to use the Application and the Service, the User must be at least 13 years of age, or have authorization from a parent or guardian and the account owner if under 13 years old. The User must provide information that is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify the Company of any such change within a reasonable amount of time. The User may not through the Application use false identities, impersonate any other person, or use a username and password that the User is not authorized to use.
GENERAL RESTRICTIONS ON USE
The Company grants the User a limited license to access and make personal use of the Application and not to download (other than page caching) or modify it (or any portion thereof) except with express written consent of the Company. This license does not include any resale or commercial use of the Application or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading other than for personal use or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
The User agrees not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Application. The User will not take any action that imposes an unreasonable or disproportionately large load on the Application’s infrastructure. The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Application without the prior express consent from an authorized Company representative.
Other than that which is expressly provided for within, the Application or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its associates without express written consent. The User may not use any meta tags or any other “hidden” text utilizing the Company’s name or trademarks without the express written consent of the Company.
Any unauthorized use terminates the permission or license granted by the Company. The User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the Application so long as the link does not portray the Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
RESTRICTIONS ON USER-GENERATED CONTENT
The User may have the opportunity to post a variety of images on the Application without the Company’s approval when creating a puzzle (the “Content”). The User agrees that in using the Service and the Application, the User shall not post any Content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of the Company); (v) may cause a liability for Company or its partner publications and websites (collectively, the “Partners”), or may cause Company or any of its Partners to lose (in whole or in part) the services of any ISPs or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.
The User shall not, through the Service or the Application: (i) impersonate any person or entity; (ii) harass any other users of the Application; or (iii) state or imply that any posted Content is endorsed by the Company.
The User grants to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Content throughout the world in any media. The User grants the Company and its sublicensees the right to use the name that the User submits in connection with such content, if the party so chooses. The User represents and warrants that the User owns or otherwise controls all of the rights to the posted Content and that the Content is accurate.By submitting Content to the Application, the User acknowledges that this Agreement applies to the User’s submission of the Content and the Company’s use of such Content.
USE OF COPYRIGHTED IMAGES
The User agrees and acknowledges that that they have the right to use any image uploaded to the Application due to (a) ownership of the image; or (b) rights conveyed by the owner of the image. Any breach of this section shall be deemed a material breach of this Agreement and the Company shall bear no liability, financial or otherwise, for the improper use of any copyrighted image through the Application. This release of liability shall also extend to any claims by third parties to financial gains made through the use of the image.
By uploading any image through the Application, the User hereby grants the Company a perpetual and irrevocable license to use the uploaded images for any purpose within the Application, including that for downloading the image in the form of a digital puzzle by any Users of the Application. Furthermore, the User agrees and acknowledges that neither the Company nor any third party shall owe the User any form of remuneration for use of, or downloading of the uploaded images through the Application.
Through the Application (the “In-App Purchase”), the User may be able to purchase upgrades, physical puzzles, and other tools for use within the Application according to the then-current price schedule within the Application.
The User may register to use the Application with an account in order to make use of certain functions and/or the Service (the “User Account”). The User is responsible for maintaining the confidentiality of the username and password that the User designates during the registration process, and the User is fully responsible for all activities that occur under the User Account.
The User agrees to: (i) immediately notify the Company of any unauthorized use of the User Account or any other breach of security, and (ii) ensure that the User exits from the User Account at the end of each session. The Company will not be liable for any loss or damage arising from the User’s failure to comply with this provision. The User should use particular caution when accessing the User Account from a public or shared computer to ensure that others are not able to view or record the User Account’s username and password and/or other personal information. The Company reserves the right to terminate or suspend any User’s User Account and/or access to the Application and the Service if the Company determines (in its sole discretion) that any such User has violated this Agreement.
TERM AND TERMINATION
This Agreement will remain in effect until terminated by either party. If the User is dissatisfied with the Service or any of the terms and conditions contained herein, the sole and exclusive remedy is to terminate the User Account. The User may cancel the User Account and participation in the Service at any time by deleting their account through the settings menu. Notwithstanding anything contained in this Agreement to the contrary, the Company may, in its sole discretion, terminate the User Account, and discontinue the User’s participation in the Service. Reasons for the Company’s determination to so terminate or discontinue the User’s Account or participation as provided for above, include, but are not limited to, if the Company believes that the User has violated this Agreement or other policies or guidelines of the Service or that of any other party, or if the Company believes that the User’s conduct may be harmful to other consumers, advertisers or licensees who participate in or facilitate the Service.
The Application holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, that is the property of the Company or its content suppliers and protected by international copyright laws. TheApplication may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon the User.
To notify the Company of any copyright-infringing content, please contact us at firstname.lastname@example.org.
The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Application including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE APPLICATION, ANY SERVICE OFFERED BY THE COMPANY, ANY UPLOADED IMAGES, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE APPLICATION; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE APPLICATION; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE APPLICATION, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
DISCLAIMER OF WARRANTIES
THIS APPLICATION IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS APPLICATION AND ANY SERVICE OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE APPLICATION, OR THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE APPLICATION, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS APPLICATION, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The User agrees to indemnify, hold harmless and defend the Company, along with its directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the User; (ii) the User’s use of the Application or any service offered by the Company; (iii) any unacceptable, unlawful, or objectionable use of the Application or any service offered to the User by the Company; or (iv) any negligent or willful misconduct by the User.
ERRORS AND OMISSIONS
The Application may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Application, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
PRODUCTS AND SERVICES
The Application may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Application does not imply that such product or service is or will be available in the User’s location.
THIRD PARTY LINKS
There are links on the Application that lead to third party sites, including those of advertisers. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE APPLICATIONS OR WEBSITES OR THE COOKIES OF ANY WEBSITES ADVERTISED. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH APPLICATIONS AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL APPLICATIONS OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH APPLICATIONS OR RESOURCES.
The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Application will display such changes, which will be User’s only notification of any such change. Any use of the Application or the Service by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification to this Agreement made by User shall be binding upon the Company.
In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “Force Majeure Event”) the Party who has been so affected shall immediately give notice to the other Party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds seven (7) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may by giving written notice immediately terminate this Agreement.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
The interpretation of this Agreement shall be governed by the laws of the State of California. Any action arising under this Agreement shall be brought in the applicable State court located in Los Angeles County, California.