Terms of Service

Last Updated: December 20, 2018

These Terms of Service (the “Terms”) form a legal agreement between you and Town’s End Studios LLC and its corporate parent, affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Town’s End Studios,” “we,” “our,” or “us”). We are registered in Delaware under company number 5761405 and have our registered address at Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, DE 19808.

All references in these Terms to “Apps” are to our mobile apps that are available to download on mobile devices from time to time. These Terms govern your access to, use of, and participation in our website, Apps, or other online or mobile service that links to or otherwise presents these Terms (collectively, the “Services”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you, your heirs, assigns, and successors (collectively, “you”) are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must not access or use the Services. We recommend that you print a copy of these Terms for future reference.

Modifications to the Terms

We may revise these Terms from time to time to reflect changes to the Services, our users’ needs, our business priorities, or changes in laws and regulations. The most current version will always be on this page. We will notify you of modifications as required by law. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. The Terms were most recently updated on the effective date listed at the top of this page.

Privacy Policy

Please read our Privacy Policy before using our Services. Our Privacy Policy explains how we use your information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages); and what rights you have in relation to your information.

Eligibility

You may use the Services only if you can form a binding contract with Town’s End Studios, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

You may only use the Services if you are over the age of thirteen (13) years old in the United States or sixteen (16) years old in the European Economic Area or the United Kingdom (the “Minimum Age”). If you are over the Minimum Age, but under the legal age of majority, your parent or legal guardian must consent to these Terms, and affirm that they accept these Terms on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the Minimum Age and majority, and expressly ratify and confirm any acts of any such child and all users of the account.

You may not use the Services if you are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). If Town’s End Studios has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

Account Creation

In some circumstances you may create an account with us. Any account you have created is subject to you complying with these Terms. If you create an account from a social networking site, such as Facebook, you must comply with its terms of service/use as well as these Terms. You must provide accurate, current, and complete information during the registration and at all other times when you use the Services, and to update information to keep it accurate, current, and complete. You may be permitted to post anonymously or post using a pseudonym or handle when using some parts of the Services.

You are responsible for maintaining the confidentiality of your account and you are also responsible for all activities that are carried out under your account. You must not disclose it to any third party. We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. We will not be liable if your account is used by someone else. If you become aware of any unauthorised use of your account, you should notify us immediately by email to contact@townsendstudios.net.

Rules

As a condition of using our Services you agree to comply at all times with the following rules (our “Rules”).

You agree that you will not do any act, or share, distribute, make available, or transmit any data, message, or file that:

  • is sexually explicit, vulgar or obscene;
  • amounts to a form of cheating;
  • amounts to a personal attack on others;
  • bullies or harasses others;
  • amounts to, or encourages, any illegal activity;
  • impersonates anyone, or misrepresents your identity;
  • deletes or changes any legal notices, disclaimers, proprietary notices, copyright or trademarks;
  • infringes anyone else’s rights. For example, you must not infringe anyone else’s patents, copyright, trademarks, or other intellectual property rights, or their confidential information or privacy;
  • contains a virus or similar threat, or interferes with, impairs or damages our Services;
  • negatively affects any person’s use or enjoyment of the Services;
  • involves disruptive, antisocial or destructive behavior, including, for example “flooding,” “trolling,” “flaming,” “spamming,” or “griefing”;
  • involves the carrying out of any business activity, including generating money for yourself or others; or
  • amounts to an advertisement, chain letter, junk or spam.

You are also prohibited from participating in any of the following:

  • any attacks, including without for example, denial of service attacks or other similar attempts to interfere with other’s use of the Services;
  • attempting to gain unauthorized access to the Services, computers, or networks connected to the Services;
  • attempting to use the Service on or through any platform that is not authorized by Town’s End Studios;
  • use of cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Services;
  • scraping, accessing in violation of these Terms, monitoring, indexing, framing, or linking the Services by any means (automated or non-automated) other than expressly permitted by Town’s End Studios;
  • using another person’s account or impersonating any person or entity;
  • modification of any software that forms part of the Services;
  • disrupting or overburdening computers or servers;
  • attempting to circumvent or modify any security features; or
  • obtaining or using personal information about others or sharing anyone’s personal information through the Services.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

We may terminate or restrict your right to use the Services, or disable your account, if we think that you have not followed the Rules or if we reasonably believe that you have otherwise behaved inappropriately while using our Services. In addition, if we believe you have cheated in any way, then we may also remove any Virtual Items (defined below) that you have obtained by cheating.

If you think that another user may be breaching our Rules, please let us know by emailing us at contact@townsendstudios.net. However, we cannot guarantee that others will comply with the Rules, and we are not responsible for any other user’s failure to comply with them. Therefore, any such information, content, or materials have not been verified or approved by us. The views expressed by other users of our Services do not represent our views or values.

We reserve the right, but do not have the obligation, to delete any material that we consider breaches our Rules. You agree that we may share information which identifies you with law enforcement officials if we think we need to, including in relation to any possible breaches of our Rules.

Updates to the Services and Termination

Please note that some of our Apps are only available for a limited period of time, sometimes as short as a few days. We have no obligation to continue offering or to provide updates to the Services or any App for any period of time.

From time to time, we may deploy or provide patches, updates, upgrades, additional content or other modifications to the Services (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns).

These updates and upgrades may result in the Services being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the Services for longer periods while we deploy these updates and upgrades. You agree to keep the latest version of the Services installed. If you do not install any update or upgrades then all of the functionality and features of the Services may not be available to you.

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account or the Services in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Services or your User Content (as defined below); and (b) we may delete certain data relating to your use of the Services, including saved games, high scores, positions in a league table, or Virtual Items (as defined below). You may cancel your use of the Services and/or terminate your account at any time by emailing contact@townsendstudios.net. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Services unless otherwise required under applicable law.

User Content

Areas of the Services allow you to submit, post, upload, publish, submit, transfer, link, display, or otherwise make available (hereinafter, “post”) information, text, graphics, photograph, audio, video, postings, reviews, designs, inventions, or other materials (“User Content”) that may or may not be viewable by other users. User Content must comply with these Terms. You retain ownership of all intellectual property rights you have in the User Content you post on the Services.

By posting User Content on or through the Services, you grant Town’s End Studios a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such User Content in any format or medium now known or developed in the future subject to applicable law and our Privacy Policy. In the interest of clarity, the license granted to Town’s End Studios shall survive termination of the Services or your account. You represent, warrant, and agree that you have the necessary rights to grant us the license described in this Section for any User Content that you post, that such User Content complies with the Terms and does not infringe a third party’s rights, and that you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Your User Content may be viewable by other users of the Services. You should only provide User Content that you are comfortable sharing with others under these Terms. Town’s End Studios takes no responsibility and assumes no liability for any User Content that you or any other user or third- party posts. You shall be solely responsible for your own User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

Town’s End Studios reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates these Terms or we consider to be objectionable for any reason. You agree that Town’s End Studios may proofread, summarize, or otherwise edit and/or withdraw your User Content (but does not assume the obligation). We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You understand that Town’s End Studios does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.

Virtual Items

Our Services may enable you to acquire certain virtual items. This includes, for example, virtual currency, points, or similar virtual items (together “Virtual Items”), which are provided to you as a limited license. You agree that you do not actually own these Virtual Items and the virtual value of any Virtual Item does not correspond or equate to any real-life monetary value, credit balance or currency.

Any virtual currency or similar balance does not constitute a real-world balance or comprise any stored value. Your right to use the Virtual Items is personal to you unless we agree otherwise, and is limited to the license granted below – see section below entitled “Ownership and Proprietary Rights.” You may not re-sell or trade any Virtual Items.

Please note that if you remove and reinstall a game on a new device, you may lose your in-game Virtual Items.

Ownership and Proprietary Rights

Subject to these Terms, we grant you a non-exclusive, non-sublicensable, personal, non-transferable, revocable, limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

All right, title, and interest in and to the Services (excluding your User Content), are and will remain the exclusive property of Town’s End Studios and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Town’s End Studios and its licensors (including other users who post User Content to the Services). The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Town’s End Studios and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Town’s End Studios and such others. Except as explicitly provided herein, nothing in these Terms gives you a right to use the Town’s End Studios name or any of the Town’s End Studios trademarks, logos, domain names and other distinctive brand features. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Town’s End Studios and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your account or the Services.

Third-Party Links

The Services may contain information and content provided by third parties and may contain links to third-party websites, and other resources that are not owned or controlled by Town’s End Studios. Town’s End Studios is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by Town’s End Studios, and Town’s End Studios does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such links. You expressly relieve Town’s End Studios from any and all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that Town’s End Studios 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.

Warranties and Disclaimers

Your access to and use of the Services or any User Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing and to the extent permitted by applicable law, TOWN’S END STUDIOS AND ITS PARENT, AFFILIATES, AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any content thereon. Town’s End Studios will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any User Content. You also agree that Town’s End Studios has no responsibility or liability for its deletion of, or the failure to store, retain, or transmit, any User Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Town’s End Studios or through the Services, will create any warranty not expressly made herein.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT TOWN’S END STUDIOS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. TOWN’S END STUDIOS MAKES 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. TOWN’S END STUDIOS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

You are responsible for configuring your information technology, computer program, and platform to access our sites and/or Services. You should use your own virus protection software.

Limitation of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOWN’S END STUDIOS AND ITS PARENT, AFFILIATES, AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TOWN’S END STUDIOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If you are a consumer in the European Economic Area or the United Kingdom, please note that we provide our site only for domestic and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Indemnification

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD TOWN’S END STUDIOS AND ITS PARENT, AFFILIATES, AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR VIOLATION OF THESE TERMS; (B) YOUR USER CONTENT OR THE COLLECTIVE CONTENT; AND (C) YOUR INTERACTION WITH ANY USER.

General

Governing Law. You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Town’s End Studios, either specific or general, in jurisdictions other than California. These Terms shall be governed in all respects by the internal substantive laws of the State of California, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute arising in connection with the Services shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you consent to the personal jurisdiction of and venue in such courts and waive any and all jurisdictional and venue defenses or objections otherwise available. However, if you are a consumer and resident of any European Economic Area country or the United Kingdom, (a) you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country;  and (b) you and we may also bring proceedings in that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.

Entire Agreement. These Terms, and any other legal notices, amendments, and additional agreements or policies published by Town’s End Studios on the Services, shall constitute the entire agreement between you and Town’s End Studios concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms supersede and replace any prior agreements between Town’s End Studios and you regarding the Services.

Section Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Town’s End Studios’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Force Majeure. Neither Town’s End Studios nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Transferability and Assignability. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Town’s End Studios without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.

Contact Us

You may contact us at contact@townsendstudios.net.