DATE LAST MODIFIED: March 22, 2016. These are the Terms of Service for the DoubleWin Slots Mobile App.
NEITHER APPLE INC., GOOGLE, INC. OR AMAZON.COM, INC. IS A SPONSOR OF THIS APPLICATION AND NEITHER IS AFFILIATED IN ANY WAY WITH GRANDE GAMES, INC. (HEREINAFTER “GRANDE GAMES”).
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND GRANDE GAMES. BY DOWNLOADING, INSTALLING THE DoubleWin SLOTS APPLICATION (THE“APPLICATION”) AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY PLAYSTUDIOS OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICE”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with GRANDE GAMES. You may opt out of the binding individual arbitration and class action waiver as provided below. GRANDE GAMES reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. GRANDE GAMES may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to You, Your only recourse is to discontinue your use of the Service. You agree that GRANDE GAMES may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
You agree and acknowledge, as condition of participating in the Service, that Facebook® (“Facebook”) does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to GRANDE GAMES, not Facebook. You also agree that as a condition of participating in the Service you shall release Facebook® from any and all liability arising out of your participation in said Service.
To use the Service, You must be a natural person, at least 18 years old, who is assigned to the e-mail address or Facebook Login (as defined below) associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of Your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
From time to time during Your use of the Service, You may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Virtual Items (whether through the use of Facebook Credits or virtual points), You are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale, with Facebook Credits, of such limited licenses to use Virtual Items, is a completed transaction upon redemption of the applicable Facebook Credits and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of Your Account, termination of these Terms, and/or the discontinuation of the Service. GRANDE GAMES prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by GRANDE GAMES in writing. Accordingly, You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without GRANDE GAMES’ written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination. You acknowledge and agree: (a) that GRANDE GAMES may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that GRANDE GAMES has no liability to You for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. GRANDE GAMES reserves the right, without prior notification, to limit the quantity of the Virtual Items You can purchase and/or to refuse to allow You to purchase such Virtual Items. You acknowledge and agree that GRANDE GAMES shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking; phishing, password mining, social engineering, and/or any other unauthorized third party activity. GRANDE GAMES may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. GRANDE GAMES owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service, including all such content owned by our Rewards Partners and their affiliates. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or“purchased” from GRANDE GAMES.
You will have the opportunity to accumulate “Loyalty Points” through Your use of the Service. Loyalty Points are virtual in-game points that You can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, You do not in fact own the Loyalty Points You accumulate and the amounts of any Loyalty Points You accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, You are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event GRANDE GAMES encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, GRANDE GAMES reserves the right to correct any such errors. If You participate in any of our Rewards Partners’ rewards programs , the Loyalty Points You accumulate through Your use of the Service may be exchanged for items, services or experiences (each a “Reward”) offered by such Rewards Partners through those programs.
You may accumulate Loyalty Points by taking certain actions while using the Services. For example, You may earn Loyalty Points by posting Your in-game achievements to your Facebook account, “liking”certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game You play during Your use of the Services. You may also receive Loyalty Points when you spin the “Daily Bonus Wheel” in the Application. NO PURCHASE IS NECESSARY to spin the Daily Bonus Wheel. The official rules for the Daily Bonus Wheel can be found at HERE.
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange Your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid Facebook account and have connected the Application to your Facebook account. The first time you exchange Your Loyalty Points for Rewards, You will be asked to provide your name and email address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service. The identification will be used by our Rewards Partners to verify your eligibility.
Once You have exchanged Loyalty Points for a Reward, You are said to have “purchased” that Reward. After purchasing Your Reward, You will have a limited period of time in which complete a“redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, You may then “use” the reward. A Reward is considered “used” at the moment when it is consumed, e.g., when You check into a hotel room, eat a meal, or attend a show.
Partners may, at their discretion, place restrictions on the usage of the rewards they offer in the Service, e.g., a minimum age requirement, reward usage black-out dates, a limit as to the number and frequency of rewards that may be used within a specified period of time, and the requirement to participate in the partner’s own loyalty program, which may exists independently of the Service. Redemption of Rewards are subject to the terms and provisions of the Rewards provider, including limitations on redeeming Rewards if you self-limit or self-exclude with the Reward provider or any regulatory agency, including any gaming regulatory agencies.
Because the Redemption Period, redemption method, and other terms of Rewards usage may vary, you must review the specific terms and conditions of each Reward You purchase with Your Loyalty Points. GRANDE GAMES is not responsible for the terms and conditions of the Rewards and bears no responsibility to you for any such unread, misread or misunderstood terms. The selection and availability of Rewards is subject to change without notice and GRANDE GAMES makes no guarantees as to the availability of any Reward. For complete details and the terms, conditions and restrictions for any individual reward, please refer to the rewards detail found within the Rewards catalog within the Service.
Generally, You may cancel, during the Redemption Period and for a full refund of the Loyalty Points used to purchase it, any Reward that You have purchased but not yet redeemed. Once you have redeemed a Reward, either through the online reservation system available through the Service or otherwise, you may no longer cancel that Reward and you will not receive a refund of Your Loyalty Points. On rare occasions, a Reward will “sell out” or otherwise become unavailable between the time You purchase it and the time You redeem it. If you are, within the Redemption Period, unable to redeem a purchased Reward because of such unavailability, you will be eligible to receive a full refund of the Loyalty Points used to purchase that Reward. If You do not redeem or cancel a Reward during that Reward’s Redemption Period, the Reward will expire. Your Loyalty Points will not be refunded to you if you allow a purchased Reward to expire. Some Rewards are of such limited availability that our Rewards Partners may, in their sole discretion, deem them to be non-refundable. Non-refundable Rewards do not have a Redemption Period and therefore may not be cancelled for a refund of Loyalty Points after they are purchased. You are solely responsible for reading and understanding the refund terms and conditions of each Reward you purchase.
From time to time, other Rewards Partners may require you to enroll in separate rewards programs as a condition of redeeming certain Rewards. If you choose to participate in such programs, you hereby agree to comply with all applicable Reward Partner rules, policies, and terms and conditions. Once you have redeemed a Reward with any such Rewards Partner, Your ability to change that Reward may be at the sole discretion of that Rewards Partner. Any such changes will not result in a change to Your Loyalty Points balance.
Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of Your Account.
If you do not use your Account by logging in using the Service at least once every 30 days, Your Account will be deemed inactive. You can, at any time, reactivate Your Account by logging in and using the Service. When an Account has been deemed inactive, GRANDE GAMES may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards, which have been purchased but not yet redeemed, may also be expired at the discretion of GRANDE GAMES.
Our Rewards Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any reward program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. Any such changes may affect Your ability to use the Loyalty Points that You have accumulated through Your use of the Service to purchase or redeem Rewards from such Rewards Partners. You hereby agree that GRANDE GAMES shall have no liability to you as a result of such action any Rewards Partner.
Your purchase of Facebook Credits is governed by Facebook’s Payments Terms ( HYPERLINK "http://www.facebook.com/payments_terms" http://www.facebook.com/payments_terms). Facebook reserves the right to change its Payment Terms, in whole or in part, even though the changes may affect your accumulated Facebook Credits. Facebook may also suspend, remove or disable access to the Service at any time without notice and may limit the number of transactions or volume of Facebook Credits GRANDE GAMES is able to accept during a given period of time. Such actions may affect your ability to access and/or use the Service. You here by agree that GRANDE GAMES shall have no liability to you as a result of any such actions by Facebook. Facebook is a registered trademark of Facebook, Inc.
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services made available on or through the Service, including Your purchase of Facebook Credits, Your participation the rewards programs offered by any of our Rewards Partners, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party provider and solely at Your own risk. You hereby release GRANDE GAMES (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Service. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If you are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, you hereby waive any applicable statutes of that jurisdiction.
GRANDE GAMES may terminate or suspend Your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or Your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. GRANDE GAMES shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel Your Account at any time by discontinuing your use of the Service and/or the Application and, if applicable, removing the DoubleWin Slots application from Your Facebook Account. Please note that removing the DoubleWin Slot application from Your Facebook Account will delete your account with GRANDE GAMES and all of the Virtual Items (including any Loyalty Points) that you have accumulated will be lost. GRANDE GAMES is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items You have accumulated.
The Service may include various forums, blogs, and chat rooms where You and other users can post Your observations and comments on designated topics (“User Content”). GRANDE GAMES cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. GRANDE GAMES IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, You hereby grant to GRANDE GAMES a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. GRANDE GAMES does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make available through the Service or that You have all rights, licenses, consents and releases that are necessary to grant to GRANDE GAMES the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or GRANDE GAMES’ use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. GRANDE GAMES may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by GRANDE GAMES, and these communications should not be considered reviewed or approved by GRANDE GAMES. By using the Service You acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for Your activities in connection with User Content and You agree that GRANDE GAMES will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. GRANDE GAMES reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, GRANDE GAMES shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. GRANDE GAMES welcomes and encourages Your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback to email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of GRANDE GAMES and You hereby irrevocably assign to GRANDE GAMES and agree to irrevocably assign to GRANDE GAMES all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At GRANDE GAMES’ request and expense, You will execute documents and take such further acts as GRANDE GAMES may reasonably request to assist GRANDE GAMES to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, GRANDE GAMES or other users, and that you shall not act in bad faith in your use of the Service. If GRANDE GAMES determines that You do act in bad faith in violation of these Terms, or if GRANDE GAMES determines that Your actions fall outside of reasonable community standards, GRANDE GAMES may, at its sole discretion, make adjustments to the number of Loyalty Points associated with Your Account, terminate Your Account and/or prohibit You from using the Service. By way of example, you specifically agree that you shall not:
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, GRANDE GAMES and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark; service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
The Service may contain links to third-party websites or resources that are not owned or controlled by GRANDE GAMES. You acknowledge and agree that GRANDE GAMES is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. GRANDE GAMES does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by GRANDE GAMES of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If You are a copyright owner or an agent thereof and believe Your work is the subject of copyright infringement on the Service, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to GRANDE GAMES’ Designated Agent the following information:
(a) 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;
(b) 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 us to locate the material;
(c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(d) 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;
(e) 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; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You acknowledge and agree that GRANDE GAMES may update the Service with or without notifying You. GRANDE GAMES may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. GRANDE GAMES conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to PLAYSTUDIOS when the problem is encountered.
This Provision shall survive the termination of your service with GRANDE GAMES.
THE SERVICES (INCLUDING THE APPLICATION) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, GRANDE GAMES, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “GRANDE GAMES PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE GRANDE GAMES PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE GRANDE GAMES PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT PLAYSTUDIOS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES GRANDE GAMES MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE GRANDE GAMES PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATION, REMAINS WITH YOU. NEITHER THE GRANDE GAMES PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE GRANDE GAMES PARTIES HAVE 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.
IN NO EVENT WILL THE GRANDE GAMES PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GRANDE GAMES AND YOU. 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
You agree to indemnify, save, and hold the GRANDE GAMES Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms, any of Your User Content, or any breach of the representations, warranties, and covenants made by You herein. GRANDE GAMES reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify GRANDE GAMES, and You agree to cooperate with GRANDE GAMES’ defense of these claims. GRANDE GAMES will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of Your Account (if applicable) or of your access to or use of the Service.
The following additional terms and conditions apply with respect to any application that GRANDE GAMES provides to you designed for use on an Apple IOS-powered mobile device (an “IOS App”):
The following additional terms and conditions apply with respect to any application that GRANDE GAMES provides to you designed for use on an Android-powered mobile device (an “Android App”):
These Terms and any action related thereto will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. Except as provided in the “Dispute Resolution and Arbitration”Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the District of Nevada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between GRANDE GAMES and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between GRANDE GAMES and You regarding the Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without GRANDE GAMES’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. GRANDE GAMES may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by GRANDE GAMES (i) via email (in each case to the address that You provided by Your Facebook Login) Any notices that You provide without compliance with this section shall have no legal effect.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by GRANDE GAMES, Room 1501, Grand Millennium Plaza (Lower Block), 181 Queen's Road Central, HONG KONG. If you have a question or complaint regarding the Service, please contact firstname.lastname@example.org. You may also contact us by writing to GRANDE GAMES, Attn: Room 1501, Grand Millennium Plaza (Lower Block), 181 Queen's Road Central, Hong Kong.
The failure of GRANDE GAMES to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that 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 GRANDE 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. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.