The Application (including any Tickets and Hearts as defined in Section 12 below) is merely licensed to you, not sold.
1. Limited License Conditions
You are strictly prohibited from and you agree that you shall not (nor shall you permit others to) do any of the following:
(i) Make any commercial use of the Application.
(ii) Install, download, or copy the Application to a network where it could be used the by multiple users, unless Voltage has given its prior written consent.
(iii) Copy, rent, lease, sell, share, transfer, assign, publicly transmit or exhibit, or otherwise distribute your user ID, password, or the downloaded Application or any of its components.
(iv) Rent, lease, sell, share, transfer, assign, or sub-license the rights to use the Application.
(v) Disable, reverse engineer, decompile, or disassemble the Application.
(vi) Modify or create secondary or derivative works based on the Application or any of its components without the express written consent of Voltage or as expressly allowed by this Agreement.
(vii) Remove, alter, or make illegible any product identification, copyright, or other intellectual property right disclosures (including but not limited to trademarks and logos) and any other legends made by Voltage in the Application.
(viii) Circumvent, avoid, or bypass security or technology protection measures for the Application, or attempt to do so.
(ix) Make or attempt to make any transfer, sale, or exchange of Tickets/ Hearts (as defined in Section 12 below).
Any violation of these restrictions may result in the immediate termination of your account and/or access to the Application.
C. Term and Termination
The effective term of the License granted to you shall commence on the date that you install or use the Application. The License shall end on the earlier of the date that you dispose of the Application, or the date that Voltage terminates the License.
D. Reservation of Rights
Except for the limited rights specifically licensed or granted to you herein, Voltage retains all rights, title, and interest in and to the Application, including without limitation all copyrights, trademarks, trade secrets, trade names, proprietary rights, characters, stories, images, photographs, animations, music, texts, and other intellectual property rights.
E. Your Contributions
If expressly authorized in the Application, you may choose to submit contributions (including but not limited to any and all ideas and creations; hereinafter the same) to the Application and related goods and services. By submitting any contributions to Voltage, you agree that you are thereby granting Voltage a worldwide perpetual, royalty-free, irrevocable, sub-licensable, fully transferrable license to use all or part of your contributions or commercial, noncommercial, or any other purpose. Your license grant to Voltage shall survive and continue past the termination of this Agreement, and you hereby waive any rights to notice or compensation related to your contribution. Voltage may, or may allow a third party to, reproduce, copy, adapt, modify, perform, display, publish, broadcast, record, videotape, play, distribute, publicly transmit, or otherwise communicate to the public all or part of your contribution by any means, whether now known or unknown.
You hereby shall waive and agree not to exercise any and all moral rights of an author and other rights with respect to Voltage's and other players' use and enjoyment of your contributions in connection with the Application, and related goods and services, under applicable law. Your waiver and agreement to not exercise moral rights shall survive and continue after the termination of this Agreement.
Your contributions offered through the Application shall be limited to those thought, invented, devised or created solely by you, and if Voltage receives any claim or demand from any co-idea giver, co-inventor, co-deviser or co-creator or any third party who has given an idea for, invented, devised or created such contribution, in connection with the use of and licensing of such contributions to a third party, you shall release Voltage from liability and shall assume responsibility to resolve such claim or demand at your expense and responsibility.
You must provide, at your own expense, the equipment, Internet connections, mobile devices and/or service plans in order to access and use the Application. Voltage does not guarantee that the Application can be accessed from all wireless devices or wireless service plans or that there will be no suspension or defect in any of the services provided by wireless carriers.
Voltage does not guarantee that it is possible to use the Application in all geographic locations. You acknowledge that when using the Application, you will be charged by your wireless carrier for data, messaging and/or other wireless access.
With respect to those charges which are applicable to you, please check with your wireless carrier. All costs incurred when accessing the Application from your mobile device shall be borne by you.
2. Consent to Use of Data
You agree that Voltage may collect, use, store, transmit and make other use of non-personally identifiable technical and related information that identifies your mobile device, operating system, application software and peripheral hardware in order to facilitate product support and other customer services. In addition, Voltage may collect, use, store, transmit and make other use of non-personally identifiable statistics regarding the use of the Application and other services related thereto (collectively, the "Services").
3. In-Game Advertising
The Application may include a function to display in-game advertisements, provided by a third party, which is uploaded with new content from time to time on your mobile device while you are using such a device online.
While you are using the Application, Voltage or such in-game advertisement provider may use information which can be logged from your device, such as age and gender, to ensure that the appropriate advertisement is presented within the Application and to calculate the number of views such advertisement has had.
Data logged from your mobile device includes the IP address, unique device identification number, device manufacturer and model, in-game location, length of time an advertisement is visible for and the size of the advertisement, and your response to the advertisement (if any).
Logged data may only be disclosed to parties other than the advertisement providers and assignees permitted by Voltage in aggregate of views such advertisement has had and in a form that does not personally identify you.
If you do not wish to receive such advertisements or have the above information used, please do not use the Application.
4. I.D. Management
In using the downloaded service of the Application, you may use the Application by inputting an ID issued to you by Voltage or a third party designated by Voltage (hereinafter, "ID").
Voltage does not have access to or maintain any ID or password information issued by its designated third party. You are solely responsible for management of your ID and password.
Accordingly, all Services used through your ID shall be attributed to you, except when such use is attributable to Voltage's willful conduct or gross negligence. You are responsible for payment of all usage fees and other obligations associated with your ID. You are expressly prohibited from using the Services through the use of any ID other than your ID (for example, the ID of an existing or fictional third party).
5. Prohibited Acts
You are prohibited from engaging in any of the activities described below (collectively, "Prohibited Acts") in using the Application and Services.
(A) Use of language or posting of content towards other customers or third parties that is sexually suggestive, threatening, violent, racially prejudiced, discriminatory, illegal, vulgar, obscene, defamatory, libelous, slanderous, harassing, or otherwise offensive in Voltage’s
(B) Impersonation of an officer or employee of Voltage or its affiliates;
(C) Any act which conflicts or may conflict with international law, constitution, laws, regulations and any other applicable laws and ordinances;
(D) Any act which infringes or may infringe copyrights, trademark rights or any other rights of Voltage or third parties;
(E) Falsification, deletion, unauthorized access to, impersonation of an existing or fictional party, use of another party's ID, and any similar acts with respect to the information on the Application, or an attempt to perform any such acts;
(F) Any act which collects or may collect, or stores or may store, personal information of other customers and third parties;
(G) Any act which shows information, etc. equivalent to child pornography or child abuse, or any act which sells media in which such information is contained or any act which shows or transmits any advertisement that brings to mind the transmission, showing or sale thereof;
(H)Any act connected with illegal acts or instigation thereof or assistance therein, or any act that may cause such connection, instigation or assistance;
(I) Rent, transmit, disclose, transfer, name change, sale of the Application's ID and game data, or grant of permit for use thereof to third parties, and any other act which makes the Application's ID and game data available to third parties, and provision thereof as security;
(J) Use of the Application for any purpose other than the purpose which Voltage intends;
(K) Acts corresponding to each of the above items; or
(L) Other acts determined by Voltage as prohibited acts and notified and disclosed to you.
If Voltage reasonably determines that you have performed a Prohibited Act, you shall be deemed to have materially breached this Agreement, and Voltage may immediately delete the relevant part or stop you from using the Services without notification to you.
6. Disclaimer of Warranties
Unless otherwise provided by law, the Application is provided on an "as is" basis, without warranties, assurances or guarantees.
Voltage does not make, and hereby disclaims, any and all express, implied and statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party rights of the Application, and warranties (if any) arising from a course of transaction, usage or trade practice.
Voltage does not warrant or guarantee satisfaction or that your use of the Application will be uninterrupted or error-free.
For example, Voltage does not guarantee that the Application will meet your requirements, that the Application will be compatible or interoperate with any other application, that any errors in the Application can be corrected or that the Application will be available for reinstallation in the same or multiple telecommunication devices.
Further, Voltage does not guarantee, for any reason or cause, that data created and obtained by you when using the Application will not be lost.
No oral or written advice provided by Voltage or any authorized representative or employee thereof shall create a warranty.
As some jurisdictions, under the provisions of the law or the courts, do not allow the exclusion of or limitations on implied warranties or the limitations on the statutory rights of consumers, the above exclusions and limitations may not apply to you in the jurisdiction of such laws and courts where such exclusion of or limitations on implied warranties or the limitations on the statutory rights of consumers conflict with such laws or judgment of the courts.
7. Limitation of Liability
In no event shall Voltage, or its directors, officers, employees, agents, or affiliates, be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages arising out your use of the Application or Services or under this Agreement, including without limitation damages related to any errors, bugs, or omissions in content, personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of credibility, work stoppage, or device failure or malfunction, regardless of whether arising in tort (including negligence), contract, strict liability or otherwise, and even if Voltage has been advised of the possibility of such damage.
As some jurisdictions, under the provisions of the law or the courts, do not allow a limitation of liability for death, personal injury, fraudulent misrepresentation or certain intentional or negligent acts, or violation of specific statutes or the limitation of incidental or consequential damages, the above exclusions and limitations may not apply to you in the jurisdiction of such laws and courts where such exclusion or limitations conflict with the such laws or judgment of the courts.
In no event shall Voltage's total liability to you for all damages (except as otherwise required by law) exceed the actual amount that Voltage has received for your purchase of the Application, not including network fees, and if the Application and this Service is free of charge, Voltage shall not be liable to you for any monetary compensation.
8. Injunctive Relief
You acknowledge that a breach of this Agreement will cause irreparable damage to Voltage for which monetary damages would not be an adequate remedy and agree that, in addition to any remedies under this Agreement or at law, Voltage may seek temporary relief (provisional measures) to stop such a breach without the guarantee of money or other security, or proof of damage.
9. Governing Law and Jurisdiction
This Agreement and the use of the Application by you shall be governed by the laws of the state of California (except conflict of laws principles). You expressly agree that, regardless of your location, all claims or disputes arising out of or relating to the use of the Application or this Agreement shall be filed and adjudicated only in the federal or state courts located in San Francisco, California.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising from this Agreement.
10. Entire Agreement
Unless otherwise provided in this Agreement, this Agreement constitutes the entire agreement between you and Voltage with respect to the Application and supersedes all prior or current understandings regarding the matters set forth in the Agreement. No failure to exercise, and delay in exercising, by either party, any right or any authority under this Agreement shall be deemed as a waiver thereof, nor shall any single or partial exercise of any right or authority under this Agreement preclude further exercise of any other right hereunder.
11. Handling of Personal Information
12. "Tickets" and "Hearts" (In-App Purchases)
A. “Tickets” and “Hearts” are virtual currencies that may be purchased or obtained through campaigns and other methods designated by Voltage. All purchases of Tickets/ Hearts are final and, unless otherwise required by applicable law, Tickets/ Hearts cannot be returned, refunded, or exchanged. The granting conditions of Tickets/ Hearts including units of purchase, methods and period of use, can be viewed from within the Application itself, and are subject to change in Voltage’s sole discretion at any time without notice.
B. Tickets/ Hearts may be exchanged for virtual services and content within the Application as indicated by Voltage. Tickets/ Hearts have no monetary value and cannot be exchanged for "real" money, property or any other real world goods or services. The exchange of Tickets/ Hearts for virtual services and content in the Application, as well as the terms and conditions for any other usage of Tickets/ Hearts, are subject to change and will be as set forth within the Application itself.
C. Tickets/ Hearts are nontransferable and can only be used within your user account and on the operating system on which they are purchased or obtained. Tickets/ Hearts cannot be transferred to another account or transferred between devices with different operating systems, even under the same account name.
D. In the event that you are in possession of both free and/or promotional Tickets/ Hearts as well as user-purchased Tickets/ Hearts, your free Tickets/ Hearts will be applied first in any exchanges for virtual services or content.
E. If your user account and/or the Service is terminated based on a violation of this Agreement, you will lose your account and all associated Tickets/ Hearts, and you will not receive any refund or other compensation.
13. Revised Terms
Voltage shall reserve the right to revise the terms of this Agreement at any time and for any reason without prior notification to the user.
Changes to this Agreement shall become effective immediately upon the notification of said changes by Voltage within the Application.
If you make use of our services after changes to this Agreement, it will be deemed that you have consented to any and all of the updated terms.
In the event that the Agreement is newly enacted or revised, you shall be still subject to the conditions you previously agreed to upon use of the Application.
14. Termination of Services
In the event of any violation of this Agreement, Voltage reserves the right to suspend or terminate the Service immediately without notice, and refuse future use of the Service. In addition, Voltage may suspend or terminate all or part of its Service and/or Application at any time in its sole discretion, and with or without notice to you. You may close your account and terminate the Service at any time. Upon the termination of the Service, regardless of whether the termination is voluntary or involuntary, you will lose your account and all associated Tickets/ Hearts, and you will not receive any refund or other compensation.
January 1, 2017
Voltage Entertainment USA, Inc.
Supplemental Clause for Apple iPhone and iPod Touch and iPad Users
This clause supplements and is in addition to the terms and conditions of this Agreement for users who purchase and install the Application on the Apple, Inc. ("Apple") iPhone and iPod Touch or iPad. If the following provisions contradict and/or conflict with the provisions of this Agreement, the following provisions shall be preferentially applied to the extent of such contradictions and/or conflicts.
A. Through the purchase, provided that you are in compliance with the terms and conditions of this Agreement, Voltage shall grant only to you, and you shall acquire, a non-exclusive and non-transferable license limited to you who will install and use the Application for personal, non-profit purposes that are subject to the Usage Rules set forth in iTunes Store Terms of Service. This Agreement does not entitle you to receive from Voltage hard-copy documentation, support, telephone assistance or enhancements or updates to the Application. You acknowledge that Apple has no obligation to provide maintenance or support services with respect to the Application.
B. Apple is not liable for any claims, including the following, from you or any third party regarding your possession and/or use of the Application. (i) product liability claims; (ii) claims that the Application does not meet your expectations or any applicable legal or regulatory requirements; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by you or any third party that the Application or your possession and/or use thereof is an infringement of the intellectual property rights of you or a third party.
C. In the case of any claim to the effect that the Application or your use of the Application infringes the intellectual property rights of a third party or if there is any demand resulting therefrom, Voltage shall be notified immediately and no such claim or demand shall be made to Apple with respect to such matter.
D. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. Government list of prohibited or restricted parties.
E. You agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and that upon your consent to the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have consented to the right) to enforce this Agreement against you as a third party beneficiary thereof.