Last Modified on January 16, 2017
Even though you may have purchased or licensed the Game through Apple, the Apple App Store, or other Apple owned, controlled, affiliated or authorized entity (any of these, an “Apple Source”), through Google or other Google controlled, affiliated, or authorized source (an “Android Source”), through the Windows Store or other Microsoft controlled or authorized entity (a “Windows Source”) or through amazon.com or the Amazon Appstore (“Amazon”) neither Apple, Google, Microsoft, Amazon, nor any Apple Source, Windows Source, or Android Source is a party to this Agreement and have no obligations to you in connection with the Game.
By using the Game, even without creating an account, you agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Game between you and DuoFun, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If you do not agree to the terms of this Agreement, you are not authorized to download, operate, or otherwise use the Game.
DuoFun reserves the right to update or change these Agreement at any time by posting the most current version of the Agreement on the Site or within the Game with a new Effective Date shown. All such changes in the Agreement are effective from the Effective Date. Your continued use of the Game after we post any changes to the Agreement signifies your agreement to any such changes. If you do not agree to the then-current Agreement, you must immediately discontinue using the Game.
The Game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and DuoFun, the Game is the sole and exclusive property of DuoFun. You will not acquire any rights in connection with the Game, or any individual components or elements of the Game, through your use.
Your use of the Game is solely controlled by this Agreement which cannot be changed except by a written agreement signed by both you and a fully authorized representative of DuoFun. The Game is licensed, not sold.
You must be at least 13 years of age to access and use the Game. If you are at least 13 years of age but below 18 years of age, your parent or legal guardian must establish an account with us in order for you to access and use the Game.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT OR ANY PRIVILEGES ASSOCIATED WITH THE GAME AS DETAILED BELOW.
1. Grant of License
The Game is licensed to you by DuoFun for personal, noncommercial use on your iPhone, iPod Touch, iPad, Windows Phone or Android device only. All other uses are prohibited.
2.1. Account Creation. An account is not needed to play the Game. You may only create an account if you are at least 13 years old. If you are at least 13 years of age but below 18 years of age, your parent or legal guardian must establish an account with us in order for you to access and use the game.
Your Conduct as a User of the Game. You are responsible for your conduct
as a member of the community and as a user of the Game.
You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your avatar, which:
o is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
o could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
o is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
o constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
o is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity;
o encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone;
o restricts, inhibits, or discourages any other user from using the Game or contains a virus or other harmful component;
o hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the Game experience;
o violates any local, state, federal or international laws or gives rise to civil liability;
o violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
o imposes an unreasonable or disproportionately large load on the Game or otherwise interferes with the Game;
o is a chain letter, or constitutes junk mail;
o specifies or claims that that you are affiliated with DuoFun when you are not, including without limitation a “Game Master,” “Moderator,” or any other employee or agent of DuoFun;
o requests account login information from other players;
o “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
o uses or possesses programs to ‘crack’ the Game or other Internet security tools;
o upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Game;
o restrict or inhibit any user from using and enjoying the Game; or
o anything else that DuoFun in its sole determination deems harmful to the Game’s or to DuoFun’s integrity or business.
2.3. User Generated Content. Any information, material and content which you and other users post, contribute or otherwise submit through the Game is generally known as “user generated content” or “UGC” for short. Your UGC includes any posts, uploaded images, or comments posted on the Game’s chat, forums or other venues. Whilst our moderators will give regard to these Terms, their decision (for example, as to removal of any UGC) will be final.
By posting content, you represent you are the owner of the UGC, and give DuoFun permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
By way of example only, this will include permission to; make your UGC available through the Game to other users; display UGC as part of contests or; in advertising the Game. You are granting to every other user of the Game unlimited, non-terminable and free permission to use all or any part of your UGC for non-commercial purposes.
2.4. Virtual Currency and Items. You may have the option to purchase virtual currency, virtual items, and virtual collectables (collectively “Virtual Items”) which may also be earned in-game through rewards and objectives. The amount of these Virtual Items may be changed or altered at any time by DuoFun, and DuoFun may take away or award Virtual Items in its sole discretion. The Virtual Items have no real-world value, and cannot be traded, or exchanged.
Account and Virtual Item Ownership. Virtual Items may be offered as a
feature of the Game through purchases on mobile devices. Your election to make
a purchase with real currency will be an offer to DuoFun to purchase at the
prices and on the terms set forth herein and in the Game. Completion of the
transaction will constitute DuoFun’s acceptance of your offer. DuoFun will have
no liability resulting from any failure of any transaction to be completed. No
transaction will be deemed completed until DuoFun has received payment from the
payment processor for the virtual items or currency(ies) that are the subject
of the applicable transaction.
You may not buy, sell, give, or trade any account, nor attempt to buy, sell, give, or trade any account. DuoFun owns, has licensed, or otherwise has rights to all the content that appears in Game.
You agree that you have no right or title in or to any such content, including, without limitation, the virtual goods or currency appearing or originating in the Game, your account name, account data or any other attributes associated with an account. DuoFun does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates therein. Virtual goods that may be originally acquired by “farming” are subject to confiscation by DuoFun. All virtual items and account data have no value outside of the game. You may not sell in-Game items or currency for “real” money, or exchange those items or currency. Under no circumstances will refunds be given for virtual goods. All sales in connection with virtual goods are final when the transaction has been processed.
2.6. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Game. You further agree that the contents of any messages or other communication sent from your account, whether in or through chat rooms, forums, direct user-to-user communication, or by other means, is the property of DuoFun and may be accessed, reproduced, or distributed by DuoFun as it sees fit. DuoFun will fully cooperate with law enforcement and other governmental entities in policing the content of the Game. If you are under the age of 21, DuoFun reserves the right to release transcripts of your chats, or other intra-Game communication, to your parents, guardian, or other adult authority figure(s).
2.7. Suspension of Accounts. We may, at our sole discretion, immediately suspend or terminate your access to the game should your conduct, in our sole determination, fail to conform with this agreement.
3. Description of Other Rights and Limitations
3.1. Maintenance of Copyright and Trademark Notices. You must not remove or alter any copyright or trademark notices that appear anywhere within the Game.
3.2. Distribution. The license granted hereunder is non-transferable. The Game is licensed for your use only and only on an iPhone, iPod Touch, iPad, Windows Phone or Android device that you own or control and as set forth by the Usage Rules in the Apple App Store Terms of Service (if licensed through an Apple Source), the Android Market Terms of Service (if licensed through an Android Source), the Windows Store Terms of Service (if licensed through a Windows Source), or at Amazon. You may not distribute the Game to any third party.
3.3. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Game, or take any steps to recreate of recover the source code of the Game and waive any right to do so.
3.4. Rental. You may not rent, lease, or lend the Game, or offer it for any commercial use or purpose.
Support Services. DuoFun may in its sole discretion provide you with
support services related to the Game (“Support Services”). DuoFun is not
required to provide Support Services unless otherwise required by applicable
law. No failure to provide, or to continue to provide, Support Services will be
a default of DuoFun under this Agreement. Any supplemental software code
provided to you as part of the Support Services will be treated as part of the
Game, as between you and DuoFun will be and remain the sole property of DuoFun,
and will be subject to the terms and conditions of this Agreement.
DuoFun support may be reached by Contacting Us or via email at email@example.com. Apple, Google, Microsoft, and Amazon, as applicable, have no obligation whatsoever under any circumstances to furnish any maintenance or support services with respect to the Game. You agree that you will look solely to DuoFun in connection with Support Services.
3.6. Compliance with Applicable Laws.You will fully comply with all applicable laws regarding use of the Game.
The term of this Agreement will commence upon download of
the Game and will continue for so long as you have in your possession or
control any copies of the Game. Without prejudice to any other of its rights, DuoFun
may unilaterally terminate or modify this Agreement at any time and for any
reason or for no reason, with no notice to you.
For example, but not in limitation, DuoFun may elect to terminate this Agreement and your rights in connection with the Game, if DuoFun, in its sole determination, discontinues the Game, stops supporting or maintaining the Game, ceases to provide updates, no longer offers the Game for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination arising as a result of discontinuation of the Game by DuoFun, no refunds will be given for outstanding virtual goods, currency, or other in-game items. In the event of termination arising from your failure to comply with the terms of the Agreement: (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the Game in your possession. If modification of the Agreement by DuoFun materially affects your rights in connection with the Game, which determination will be made by DuoFun in its sole determination, DuoFun may, but is under no obligation to, notify you by sending an email message to your last email address known to DuoFun or through the Game. DuoFun will have no liability if you do not receive DuoFun’s notification.
Termination of this Agreement by the user can only occur after the deletion of all copies of the game in user’s possession, and by deleting user’s account, if any, by notifying customer support at firstname.lastname@example.org.
5.1. As between you and DuoFun, all title, including but not limited to copyrights, in and to the Game and any copies thereof, and any content created by you in or in connection with the Game (such as, but not limited to the contents of any chats, user-to-user communication, and other text) are owned by DuoFun. As between you and DuoFun, all title and intellectual property rights in and to the content which may be accessed through use of the Game is the property of DuoFun and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and DuoFun, all title, including but not limited to copyrights, in and to virtual goods or services that may accrue to you through use of the Game, and any copies thereof, whether or not acquired with consideration, are owned by DuoFun, provided for entertainment purposes only for your exclusive use only in connection with the Game. These virtual goods or services may not be sold, bartered, or traded without the consent of DuoFun. No property or other proprietary rights in or to virtual goods or services will accrue to you under any circumstances. This Agreement grants you no rights to use such content except in and in connection with the Game, as expressly and unambiguously set forth herein. All rights not expressly granted are reserved by DuoFun.
5.2. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to us at email@example.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
o Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
o 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.
6. No Warranties
DuoFun expressly disclaims any warranty in, to, or for the Game. The Game is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.
DUOFUN EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
The entire risk associated with operation of the Game is assumed by you. DuoFun does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Game. DuoFun makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. DuoFun further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Game. DuoFun cannot guarantee the integrity of the Game or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Game is loaded and operating.
To the maximum extent permitted by applicable law, neither Apple, Google, Microsoft, Amazon, nor any Apple Source, Android Source, or Windows Source is a party to this Agreement or your purchase or license of the Game. None of the foregoing entities make, have made, and do not make any warranties, or assume any warranty obligation(s) or other obligation(s) whatsoever with respect to: (i) the Game; and/or (ii) any claims, losses, liabilities, damages, costs, and/or expenses attributable to the Game, including but not limited to any warranties arising from claims of infringement of intellectual property or personal rights, products liability, and/or failure of the Game to perform, execute, or conform to any standard.
7. Limitation of Liability
In no event will DuoFun be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of, or inability to use, the Game, or the use or inability to use the Game by any third party that may have access to the Game by or through you, even if DuoFun has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise.
DuoFun has no liability with respect to to user conduct, UGC, the content of the Game or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
8. Your Representation to DuoFun
As a material inducement to DuoFun entering into this Agreement with you, you represent to DuoFun that you are at least thirteen (13) years of age , and not subject to any prohibitions or restrictions that would prevent or inhibit you from entering into legally enforceable agreements.
9. Apple, Google, Amazon, Applicable Apple Source, Applicable Android Source As third Party Beneficiary
You acknowledge and agree that Apple, Google, Microsoft, Amazon, any applicable App Source, together with both Apple’s, Google’s, and Microsoft’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce the Agreement as a third party beneficiary thereof.
11. Disclosures Required by Law
DuoFun reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. DuoFun reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing DuoFun to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD DUOFUN HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DUOFUN DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DUOFUN OR LAW ENFORCEMENT AUTHORITIES.
12. Dispute Resolution and Governing Law
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of California without regard to its conflict of law provisions and you agree to submit to the exclusive jurisdiction of the courts of California to resolve all disputes related to this Agreement.
13. Binding Arbitration
13.1. Arbitration Procedures. You and DuoFun agree that, except as provided in Section 13.5 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section 13.5 below, you may seek any non-injunctive
remedies available to you under federal, state or local laws in an arbitration
action. As part of the arbitration, both you and we will have the opportunity
for discovery of non-privileged information that is relevant to the Claim. The
arbitrator will provide a written statement of the arbitrator’s decision
regarding the Claim, the award given and the arbitrator’s findings and
conclusions on which the arbitrator’s decision is based. The determination of
whether a Claim is subject to arbitration will be governed by the Federal
Arbitration Act and determined by a court rather than an arbitrator. Except as
otherwise provided in this Agreement, (i) you and DuoFun may litigate in court
to compel arbitration, stay proceedings pending arbitration, or confirm,
modify, vacate or enter judgment on the award entered by the arbitrator; and
(ii) the arbitrator’s decision will be final, binding on all parties and
enforceable in any court that has jurisdiction, provided that any award may be
challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND DUOFUN WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
13.3. Location. The arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
13.4. Limitations. You and DuoFun agree that any arbitration will be limited to the Claim between DuoFun and you individually. YOU AND DUOFUN AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
13.5. Exceptions to Arbitration. You and DuoFun agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or DuoFun’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
13.6. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
13.7. Severability. You and DuoFun agree that if any portion this Section is found illegal or unenforceable (except any portion of Section 13.5), that portion will be severed and the remainder of the Section will be given full force and effect. If Section 13.5 is found to be illegal or unenforceable, then neither you nor DuoFun will elect to arbitrate any Claim falling within that portion of Section 13.5 found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the City of Los Angeles, California, and you and DuoFun agree to submit to the personal jurisdiction of that court.
14. UNITED STATES OF AMERICA SPECIFIC SECTION: CLASS ACTION WAIVER
If you are a user of our services in the United States of America, the below terms are incorporated into this Agreement, and overrides this Agreement to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “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.”
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF DUOFUN’S SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY.
15. Miscellaneous Terms
15.2. Contact. By your consent in this Agreement, DuoFun may contact you for any of the following, by example and not by limitation: information you provided in relation to billing; responses to user inquiries; order processing; promotions; or in requesting feedback.
15.3. No Waiver. The failure of DuoFun to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by DuoFun must be in writing and signed by an authorized representative of DuoFun.
15.4. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
15.5. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
15.6. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Please report any violations of this Agreement to DuoFun at firstname.lastname@example.org.