1.1. The Agreement
The terms of this agreement (“Terms of Service” or “Terms”, or “Agreement”) govern the relationship between you and Pocket Play (“Pocket Play” or “Us” or “We”) regarding your use of Pocket Play’s applications for mobile devices and websites (the “Service”).
1.2. Grant of a Limited License to Use the Service
Subject to your acceptance and compliance with the Terms of this agreement, Pocket Play grants you a non-exclusive, non-transferable, license to access and use the Service solely for non-commercial entertainment purposes, via a web browser, or unmodified application client.
You do not own any Virtual Items obtained through the Service, and these Virtual Items are not representative of, and cannot be exchanged for any real currency or its equivalent. You may only purchase a limited license to use the Service, software applications, and the Virtual Items therein. The purchase of this license is a completed transaction upon receipt of payment.
We reserve the right to modify these Terms of Service at our discretion, by posting the amended Terms on or within the Service. Additionally, you may receive notice of such amendments, by email or a message within the Service, of any changes. By continuing to use the Service 30 days after they are posted, it is understood that you have agreed to the revised Terms.
If at any time you do not agree to active Terms of Service, your license is immediately terminated, and you must stop using the service immediately.
1.5. Accessing the Service
You must provide all equipment and software necessary to connect to the Service, such as, but not limited to, a mobile device for accessing the Service, and are responsible for any fees accrued in accessing the Service, including, but not limited to, internet connection, mobile fees, and electricity fees.
1.6. Use of the Service
In using the Service, you agree to the following restrictions:
- You may only create an Account or access the Service if you are over 13 years of age;
- You shall restrict access to your Account to anyone under the age of 13;
- You shall not have more than one Account at any given time, shall not create an account using false information, or on behalf of someone else;
- You shall not use the Service if you have previously been banned by Pocket Play from using the Service;
- You shall use your Account only for non-commercial purposes;
- You shall not use your Account to engage in any illegal conduct;
- You shall not transfer your Account, in any way, to another person;
- You shall not engage in any act that Pocket Play deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- You shall not submit false reports, or use abusive language in your communications with our support team, nor use the support services in any way other than its intended purpose;
- You shall not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or incite such behaviours in others;
- You shall not attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
- You shall not use any software or other means to intercept, mine, or collect information from or through the Service or that is in transit to or from the Service;
- You shall not hold Pocket Play responsible for the actions of other users of the service
- You may only submit User Content to the Service that is not confidential, not in violation of any laws, and you have permission to reproduce
1.8. Username and Password
When creating an Account, you may be required to supply login information, such as a Username and Password. In regards to your password:
- You shall not share the password with, or let anyone else access your account;
- If you suspect another party has gained access to your Account, or learned your password, you must modify your password immediately, and report this breach to Pocket Play; and
- You are responsible for anything that happens through your Account, including purchases, and breaches of these Terms of Service.
We reserve the right to modify or remove any username at any time.
As your user name and profile picture may be publicly available on Our websites, search engines may index your details.
1.9. Suspension and Termination of Account and Service
Failing to comply with these Terms at any time will result in the immediate termination of your account, and your license to use the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you or others submitted.
Pocket Play reserves the right to stop offering or supporting the Service, part of the Service, or a particular application at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such an event, Pocket Play shall not be required to provide refunds, benefits or other compensation to users.
Accounts created with Pocket Play will be considered active until we receive a user request to deactivate or delete them; however, we reserve the right to terminate any account that has been inactive for 180 days.
You may cancel your Account at any time by Contacting us via our website.
2. FEES AND PURCHASE TERMS
In the Service you may purchase, with “real world” money or its equivalent, or third party virtual currency, a license to use Virtual Items and or other goods or services, by visiting the purchase page in one of our applications and providing your billing information.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when We make the Virtual Items available for use in our applications to your account, or We receive payment, whichever comes first.
You accept that Pocket Play is not required to provide a refund for any reason.
You accept that any Virtual Items or currency, and your license to use said items will be immediately terminated when your account is closed, you lose access to the Service for any reason, or no longer agree with these Terms of Service.
3. THIRD PARTY ADVERTISING
4. UPDATES TO THE SERVICE
Pocket Play may update the Service with or without notifying you. You may also be required to accept updates to the Service, Pocket Play’s games, and to third party software in order to continue using the Service.
5.1. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, AND YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, WITH NO WARRANTIES PROVIDED BY Pocket Play OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Pocket Play MAKES NO WARRANTY THAT THE SERVICE WILL BE PROVIDED UNINTERRUPTED OR FREE OF ERRORS.
5.2. LIMITATIONS; WAIVERS OF LIABILITY; INDEMNIFICATION
You acknowledge and agree that, to the fullest extent permitted by any applicable law, Pocket Play is in no way liable for any damages, or loss of income in relation to using our service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may not apply to you. Nothing in these terms affects the statutory rights of any consumer, or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Pocket Play.
You agree to indemnify, defend and hold Pocket Play harmless from any claim, demand, damages or other losses, including attorneys’ fees, asserted by any third-party arising out of your use of the Service, or any breach by you of this Agreement. You agree that the provisions in this paragraph survive any termination of your Account or of the Service.
In the event of a conflict between any translations of Pocket Play Policies and the English version, the English version of the Pocket Play Policies will take precedence. Any translations of Pocket Play Policies is provided for your information only.
7. FORCE MAJEURE
Pocket Play is not be liable for any delay or failure to perform from forces outside our reasonable control, including without limitation, war, terrorism, riots, embargoes, acts legal authorities, fire, floods, accidents, acts of God, shortage of transportation, energy, labor, or materials.