Terms of Service
Jungle Studios Terms of Service
Effective Date: June 26, 2012
The terms of this agreement (“Terms of
Service”) govern the relationship between you and Jungle Studios and its
affiliates (hereinafter “Jungle Studios” or “Us” or “We”) regarding your use of
Jungle Studios’ games, websites and related services (the “Service”). Use of the
Service is also governed by Jungle Studios’ Privacy Policy, which is incorporated
herein by reference.
Before accessing or using the Service,
including browsing any Jungle Studios website or accessing a game, you must agree
to these Terms of Service and the Privacy Policy. Using the Service, you
represent that you are age 13 or older and you understand and agree to these
Terms of Service. If you are between the ages of 13 and 17, you represent that
your legal guardian has reviewed and agreed to these Terms. If you access the
Service from a Social Networking Site (“SNS”), such as Facebook, you shall
comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING
THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE
TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE.
USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Jungle Studios reserves the right, at its
discretion, to change, modify, add or remove portions of these Terms of Service
and its Privacy Policy at any time by posting the amended terms on the redBit
games Service. You will be deemed to have accepted such changes by continuing
to use the Service. If at any point you do not agree to any portion of the
then-current version of our Terms of Service, the Jungle Studios Privacy Policy,
or any other Jungle Studios policy, rules or codes of conduct relating to your
use of the Service, your license to use the Service shall immediately
terminate, and you must immediately stop using the Service.
1. LICENSE
1.1. Grant of a Limited License to Use
the Service
Subject to your agreement and continuing
compliance with these Terms of Service and any other relevant Jungle Studios
policies, Jungle Studios grants you a non-exclusive, non-transferable, non-sub
licensable, revocable limited license subject to the limitations below to
access and use the Service for your own non-commercial entertainment purposes.
You agree not to use the Service for any other purpose.
The following restrictions apply to the use
of the Service:
- You shall not create an Account or access
the Service if you are under the age of 13; You shall restrict use by minors,
and you will deny access to children under the age of 13. You accept full
responsibility for any unauthorized use of the Service by minors. You are
responsible for any use of your credit card or other payment instrument (e.g.
paypal) by minors.
- You shall not have more than one Account
at any given time, and shall not create an Account using a false identity or
information, or on behalf of someone other than yourself; You shall not use the
Service if you have previously been removed by Jungle Studios, or previously been
banned from playing any Jungle Studios game;.
- You shall use your Account only for
non-commercial purposes; You shall not use the Service to advertise, or
solicit, or transmit any commercial advertisements, including chain letters,
junk or spam e-mail or repetitive messages to anyone;
Username and Password
During the Account creation process, you
will be required to select a password (“Login Information”). You shall not
share the Account or the Login Information, nor let anyone else access your
account or do anything else that might jeopardize the security of your Account.
In the event you become aware of or reasonably suspect any breach of security,
including without limitation any loss, theft, or unauthorized disclosure of the
Login Information, you must immediately notify Jungle Studios and modify your
Login Information. You are solely responsible for maintaining the
confidentiality of the Login Information, and you will be responsible for all
uses of the Login Information, including purchases, whether or not authorized
by you. You are responsible for anything that happens through your Account.
Jungle Studios reserves the right to remove
or reclaim any usernames at any time and for any reason, including but not
limited to claims by a third party that a username violates the third party’s
rights.
License Limitations
Any use of the Service in violation of
these License Limitations is strictly prohibited, can result in the immediate
revocation of your limited license and may subject you to liability for
violations of law.
You agree that you will not, under any
circumstances:
- Engage in any act that Jungle Studios deems
to be in conflict with the spirit or intent of the Service or make improper use
of Jungle Studios’ support services.
- Use cheats, exploits, automation
software, bots, hacks, mods or any unauthorized third-party software designed
to modify or interfere with the Service, any Jungle Studios apps or any redBit
games products experience or without Jungle Studios’ express written consent,
modify or cause to be modified any files that are a part of the Service or any
Jungle Studios game.
- Disrupt, overburden, or aid or assist in
the disruption or overburdening of any computer or server (“Server”) used to
offer or support the Service or any Jungle Studios game environment.
- Institute, assist, or become involved in
any type of attack, including without limitation distribution of a virus,
denial of service attacks upon the Service, or other attempts to disrupt the
Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to
the Service, Accounts registered to others or to the computers, Servers, or
networks connected to the Service by any means other than the user interface
provided by Jungle Studios, including but not limited to, by circumventing or
modifying, attempting to circumvent or modify, or encouraging or assisting any
other person to circumvent or modify, any security, technology, device, or
software that is part of the Service.
- Post any information that is abusive,
threatening, obscene, defamatory, libelous, or racially, sexually, religiously,
or otherwise objectionable or offensive.
- Post any information that contains
nudity, excessive violence, or offensive subject matter or that contains a link
to such content.
- Attempt to, or harass, abuse, or harm, or
advocate or incite harassment, abuse, or harm of another person, group,
including Jungle Studios employees, including Jungle Studios’ customer service
representatives.
- Make available through the Service any
material or information that infringes any copyright, trademark, patent, trade
secret, right of privacy, right of publicity, or other right of any person or
entity or impersonates any other person, including without limitation a redBit
games employee.
- Reverse engineer, decompile, disassemble,
decipher or otherwise attempt to derive the source code for any underlying
software or other intellectual property used to provide the Service or any
Jungle Studios game, or to obtain any information from the Service or any redBit
games game using any method not expressly permitted by Jungle Studios.
- Solicit or attempt to solicit personal
information from other users of the Service or any Jungle Studios game or collect
or post anyone’s private information, including personally identifiable
information (whether in text, image or video form), identification documents,
or financial information through the Service.
Jungle Studios reserves the right to
determine what conduct it considers to be in violation of the rules of use or
otherwise outside the intent or spirit of these Terms of Service or the Service
itself. Jungle Studios reserves the right to take action as a result, which may
include terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of
Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, REDBIT
GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO REDBIT
GAMES SERVICES OR PORTIONS THEREOF IF YOU ARE, OR JUNGLE STUDIOS SUSPECTS THAT
YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL
OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO
YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION
OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED
ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND JUNGLE STUDIOS IS UNDER NO
OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY
LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF,
PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS,
DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT
USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR
POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF
THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS
OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE
DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
JUNGLE STUDIOS RESERVES THE RIGHT TO
TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Jungle Studios reserves the right to stop
offering and/or supporting the Service or a particular game or part of the
Service at any time, at which point your license to use the Service or a part
thereof will be automatically terminated. In such event, Jungle Studios shall not
be required to provide refunds, benefits or other compensation to users in connection
with such discontinued Services. Termination of your Account can include
disabling your access to the Service or any part thereof including any content
you submitted or others submitted.
2. OWNERSHIP
2.1. Games and Service
All rights, title and interest in and to
the Service (including without limitation any games, titles, computer code,
themes, objects, characters, character names, stories, dialogue, catch phrases,
concepts, artwork, animations, sounds, musical compositions, audio-visual
effects, methods of operation, moral rights, documentation, in-game chat
transcripts, character profile information, recordings of games played using a
Jungle Studios game client, and the Jungle Studios game clients and server
software) are owned by Jungle Studios. Jungle Studios reserves all rights,
including without limitation, all intellectual property rights or other
proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER
PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT
ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO
THE BENEFIT OF JUNGLE STUDIOS.
2.3. Virtual Items
Jungle Studios owns, has licensed, or
otherwise has rights to use all of the content that appears in the Service or
in Jungle Studios’ apps. 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 goods or currency
appearing or originating in any Jungle Studios game, whether earned in a game or
purchased from Jungle Studios, or any other attributes associated with an Account
or stored on the Service.
2.4. User Content
“User Content” means any communications,
images, sounds, and all the material, data, and information that you upload or
transmit through a Jungle Studios game client or the Service, or that other users
upload or transmit, including without limitation any chat text. By transmitting
or submitting any User Content while using the Service, you affirm, represent
and warrant that such transmission or submission is (a) accurate and not
confidential; (b) not in violation of any laws, contractual restrictions or
other third party rights, and that you have permission from any third party
whose personal information or intellectual property is comprised in the User
Content; (c) free of viruses, adware, spyware, worms or other malicious code;
and (d) you acknowledge and agree that any of your personal information within
such content will at all times be processed by Jungle Studios in accordance with
its Privacy Policy. You agree that your User Content will not be returned to you.
Jungle Studios reserves the right in its sole discretion to review, monitor,
prohibit, edit, delete, disable access to or otherwise make unavailable any
User Content (including without limitation your User Content) without notice
for any reason or for no reason at any time.
3. USER CONTENT
3.1. Content Screening
Jungle Studios assumes no responsibility for
the conduct of any user submitting any User Content, and assumes no
responsibility for monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. Your use of the
Service is at your own risk. By using the Service, you may be exposed to User
Content that is offensive, indecent or otherwise not in line with your
expectations. You bear all risks associated with the use of any User Content
available in connection with the Service. At our discretion, our
representatives or technology may monitor and/or record your interaction with
the Service or communications (including without limitation chat text) when you
are using the Service.
By entering into these Terms of Service,
you hereby provide your irrevocable consent to such monitoring and recording.
You acknowledge and agree that you have no expectation of privacy concerning
the transmission of any User Content, including without limitation chat text or
voice communications.
If at any time Jungle Studios chooses, in its
sole discretion, to monitor the Service, Jungle Studios nonetheless assumes no
responsibility for User Content and assumes no obligation to modify or remove
any inappropriate User Content. We have the right, but not the obligation, in
our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of
the Service
3.2.1. Public Discourse
The Service may include various forums,
blogs and chat features where you can post User Content, including your
observations and comments on designated topics. Jungle Studios cannot guarantee
that other members 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 and/or don’t want others to use, do not post it on the Service.
Jungle Studios shall have no responsibility to evaluate, use or compensate you
for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the
information that you post on, through or in connection with the Service and
that you provide to others. Jungle Studios may reject, refuse to post or delete
any User Content for any or no reason, including, but not limited to, User
Content that in the sole judgment of Jungle Studios violates these Terms of
Service.
3.3. License
You hereby grant to Jungle Studios an
irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide
license (including the right to sublicense and assign to third party) and right
to copy, reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license, sublicense,
transfer, lease, transmit, publicly display, publicly perform, or provide
access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and
practice, in any way, your User Content as well as all modified and derivative
works thereof in connection with our provision of the Service, including
marketing and promotions of the Service. You also hereby grant to Jungle Studios
the right to authorize others to exercise any of the rights granted to redBit
games under these Terms of Service. You further hereby grant to Jungle Studios
the unconditional, irrevocable right to use and exploit your name, likeness and
any other information or material included in any User Content and in connection
with any User Content, without any obligation to you. Except as prohibited by
law, you waive any rights of attribution and/or any moral rights you may have
in your User Content, regardless of whether your User Content is altered or
changed in any manner. Jungle Studios does not claim any ownership rights in your
User Content and nothing in these Terms of Service is intended to restrict any
rights that you may have to use and exploit your User Content. Jungle Studios has
no obligation to monitor or enforce your intellectual property rights in or to
your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other users of
the Service and any other parties with whom you interact through the Service
and/or Jungle Studios’ products. Jungle Studios reserves the right, but has no
obligation, to become involved in any way with these disputes. You will fully
cooperate with Jungle Studios to investigate any suspected unlawful, fraudulent
or improper activity, including, without limitation,
granting Jungle Studios access to any
password-protected portions of your Account.
If you have a dispute with one or more
users, you release us (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from 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 disputes. 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.”
4. FEES AND PURCHASE TERMS
4.1. Purchases
In the Service you may purchase, with “real
world” money, a limited, personal, non-transferable, non-sub licensable,
revocable license to use (a) “virtual currency”, including but not limited to
virtual cash or diamonds, all for use in Jungle Studios’ products; (b) “virtual
in-game items” (together with “virtual currency”, “Virtual Items”); and (c)
other goods or services (“Merchandise”). You may also obtain a license to use
Virtual Items by redeeming third party virtual currency such as Facebook
Credits.
Jungle Studios may manage, regulate, control,
modify or eliminate Virtual Items and/or Merchandise at any time, with or
without notice. Jungle Studios shall have no liability to you or any third party
in the event that Jungle Studios exercises any such rights.
The transfer of Virtual Items and
Merchandise is prohibited except where expressly authorized in the Service.
Other than as expressly authorized in the Service, you shall not sell, redeem
or otherwise transfer Virtual Items or Merchandise to any person or entity,
including but not limited to Jungle Studios, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD
PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.