Last Updated: December 10th 2018
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TEATIME GAMES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 19 (“DISPUTE RESOLUTION”) CAREFULLY FOR DETAILS ON ARBITRATION (INCLUDING HOW TO OPT OUT).
3. Changes to Terms or Services. We may update the Terms or the Services at any time, in our sole discretion. If we make updates to the Terms, we’ll let you know either by posting the updated Terms on the Site, in our App, or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 19(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are changing over time we may change or stop offering all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are 13 years or older, are able to form a binding contract with Teatime Games, and are not prevented from using the Services under applicable law. Please note that some of our Apps may have a higher minimum age requirement; this will be communicated to you separately in the App, on the Site, or via the App Provider (defined below).
(b) Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this through your account with certain third-party social networking services such as Facebook or Google (each, an “SNS Account”) or your phone number. If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Payments. We may require payment of a fee for use of certain portions of our Services (for example, Virtual Goods and Game Currency) (each, a “Transaction”). When you make a Transaction, you authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (information you provide for identity verification is also considered Payment Information).
7. Virtual Goods and Game Currency.
(a) Purchasing or Obtaining Virtual Goods and Game Currency. We may offer certain upgrades and options within our games (whether such games are available as an App or on our Site, each a “Game”) that you can purchase with real world currency, such as, without limitation, in-game currency (“Game Currency”), character skins, experience boosts, gear for your in-Game characters, and other such digital add-on items that may improve your experience in some way (“Virtual Goods”). Some Games may allow you to transfer Game Currency and Virtual Goods from one Game to another, but unless the Game’s functionality allows you to do so, Game Currency and Virtual Goods are non-transferable. You may also be able to obtain certain Virtual Goods and Game Currency without purchase, such as through an event (whether that event is in-person or in-Game) or as an in-Game award. There may be limits to the quantity and number of times you can purchase Virtual Goods, Game Currency, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you are able to hold (in-Game) or purchase at a given time, or a maximum number of Transactions you may make per day; these additional restrictions may be communicated to you via the functionality of the Services.
(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and subject to your compliance with these Terms and the App Store Agreement(s), Teatime Games grants you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether via a Transaction or otherwise obtained, solely in connection with your use of the Game in question and within the applicable Games and for no other purpose. Subject to applicable law, all Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable or refundable for any “real world” money or anything of monetary value, and we may revoke your license to such Virtual Goods and/or Game Currency at any time consistent with these Terms with no liability to you.
(c) Changes to Game Currency and Virtual Goods. To the extent allowed by law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you.
8. Content Ownership, Responsibility and Removal.
(b) Our Content Ownership. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the previous sentence, Teatime Games and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Teatime Games the following license: a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Teatime Games on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(f) Rights in Content Granted by Teatime Games. Subject to your compliance with these Terms, and except with respect to Virtual Goods and Game Currency (which are subject to a separate license granted to you in Section 7 above), Teatime Games grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
9. Rights and Terms for Apps.
(a) Rights in App Granted by Teatime Games. Subject to your compliance with these Terms, Teatime Games grants to you the following license: a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App(s) on a mobile device or computer that you own or control and to run such copy of the App(s) solely for your own personal non-commercial purposes. You may not copy the App(s), except in downloading them to and using them on your mobile device. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App(s); (ii) distribute, transfer, sublicense, lease, lend or rent the App(s) to any third party; (iii) reverse engineer, decompile or disassemble the App(s); or (iv) make the functionality of the App(s) available to other people through any means. Teatime Games reserves all rights in and to the App(s) not expressly granted to you under these Terms.
(b) Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App(s) may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
10. General Prohibitions and Teatime Games’ Enforcement Rights. You agree not to do any of the following (you may see these referred to as our “Community Guidelines”):
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive or contains nudity or partial nudity; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Teatime Games’ name, any Teatime Games trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Teatime Games’ express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Teatime Games’ computer systems, or the technical delivery systems of Teatime Games’ providers;
(d) Attempt to probe, scan or test the vulnerability of any Teatime Games system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Teatime Games or any of Teatime Games’ providers or any other third party (including another user) to protect the Services or Content;
(f) Attempt to sell or otherwise transfer your Account or any Virtual Goods or Game Currency to any other person;
(g) Make any false reports using the in-App reporting system;
(h) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Teatime Games or other generally available third-party web browsers;
(i) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(j) Use any meta tags or other hidden text or metadata utilizing a Teatime Games trademark, logo URL or product name without Teatime Games’ express written consent;
(k) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(l) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(m) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(n) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(o) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(p) Impersonate or misrepresent your affiliation with any person or entity;
(q) Violate any applicable law or regulation; or
(r) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content (including User Content) to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. '
12. DMCA/Copyright Policy. Teatime Games respects copyright law and expects its users to do the same. It is Teatime Games’ policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Teatime Games’ Copyright and IP Policy at https://www.teatime.games/legal/copyright, for further information.
12. Links to Third Party Websites or Resources. The Services (including the Apps) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
13. User Safety. The Services (including the Apps) may contain tools and resources that are designed to help promote a safe environment.
(a) Offensive behavior directed at other users. Users may be able to report via the functionality of the Services other users for behavior that offends others, such as bullying and harassment. We reserve the right to investigate and/or suspend the Accounts of users reported for or that we otherwise suspect of engaging in such behaviors.
(b) Behavior indicating self-harm or suicide. Users may also be able via the functionality of the Services to submit reports regarding a user’s behavior that may indicate that user intends to or is engaging in self-harm or suicide. We may contact the reporter of the self-harm or suicide and we will take whatever action we deem appropriate in those cases. [If you or someone you know is at risk of self-harm or suicide, we strongly encourage you to seek help as soon as possible by contacting agencies specializing in handling crisis intervention and self-harm and suicide prevention. Some of these agencies can be reached at https://www.befrienders.org/directory.
14. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may delete your Account at any time via the functionality of the Services. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 8(a), 8(b), 8(c), 15, 17, 18, 19, and 20.
15. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
16. Indemnity. You will indemnify and hold harmless Teatime Games and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services and interaction with other users of the Services, (ii) your User Content, or (iii) your violation of these Terms.
17. Limitation of Liability.
(a) NEITHER TEATIME GAMES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEATIME GAMES OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL TEATIME GAMES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO TEATIME GAMES FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TEATIME GAMES, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TEATIME GAMES AND YOU.
18. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Teatime Games are not required to arbitrate will be the state and federal courts located in Santa Clara County, California, and you and Teatime Games each waive any objection to jurisdiction and venue in such courts.
19. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Teatime Games agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Teatime Games are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 19(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at470 Ramona Street, Palo Alto, CA 94301 within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Class Action Waiver. YOU AND TEATIME GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Teatime Games changes any of the terms of this Section 19 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Teatime Games’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Teatime Games in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(g) Severability. With the exception of any of the provisions in Section 19(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
20. General Terms.
(a) Entire Agreement. These Terms are the entire and exclusive understanding and agreement between Teatime Games and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Teatime Games and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Teatime Games’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Teatime Games may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by Teatime Games under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Teatime Games’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Teatime Games. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
21. Contact Information. If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org.
Teatime Games, Inc. (“Teatime Games”) respects the intellectual property rights of others and expects its users to do the same. It is Teatime Games’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.