Terms of Service
Effective Date: June 18th 2018 Last Modified: Sept 12th, 2018
Welcome to Truly Social Games. This Terms of Service forms a legal contract and governs the relationship between you and Truly Social Games LLC and its subsidiaries (“TSG”, “we” or “us”), regarding your use of our games, mobile apps (i.e. the Planet Gold Rush mobile application, hereinafter “Planet Gold Rush”), websites (including trulysocialgames.com and planetgoldrush.com) and any related services, as well as the purchase by you of any merchandise, goods, or services from us (the “Services”).
USE OF THE SERVICES IS VOID WHERE PROHIBITED.
Article 1 – Requirements for Use of Services:
You may also be requested to register an account to use the Services (an “Account”). For your Account, you must provide TSG all of the current, complete, and accurate information that is requested by us, and maintain it as current and up-to-date. We may require you to provide additional information as a condition of continued use of the Services, or to assist in determining whether to permit you to continue to use the Services.
You are responsible for the internet connection and/or mobile carrier charges that may incur for accessing and/or using the TSG Services. If you are not sure what the charges may be, contact your internet service provider or mobile carrier provider before accessing and/or using the Services.
By registering for an Account or otherwise using the Services, you represent that you are 16 (sixteen) years or older, that you may legally enter into a binding contract with TSG, and that you understand and agree to these Terms of Service. If you are not located in the United States, you represent and warrant that you are the age of majority in your jurisdiction. We disclaim any liability for any misrepresentation of your or any other user’s age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon, and that you are not prohibited from using the Services under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals. We assume no responsibility or liability for any misrepresentation of your age.
You represent and warrant that you will follow all municipal, local, provincial, state, and/or federal laws, rules, or regulations to which you are subject. TSG takes no responsibility for your failure to adhere to any applicable law, legal rule, or regulation.
If you access the Services from a Social Networking Site (“SNS”), such as Facebook, Google+, Instagram, or other similar service, you shall comply with all applicable user agreements therein as well as these Terms of Service.
Likewise, if you download the Services through Google Play Store, Apple App Store, Amazon App Store or other medium, you shall comply with all applicable user agreements therein as well as these Terms of Service.
Article 2 – TSG Challenges & Rules:
Description: TSG may provide certain skill-based challenges (the “Challenges”) from time to time, in our sole and exclusive discretion. TSG is the sponsor of such Challenges and can be contacted at email@example.com as well as through the contact details located elsewhere in these Terms of Service. By providing any Challenges, TSG does not represent or warrant that the provision of such Challenges will continue for any period of time. TSG may discontinue offered Challenges at any time, in our sole and exclusive discretion, regardless of publicly posted timelines for Challenges.
TSG’s primary skill-based Challenge for the Planet Gold Rush mobile application is the “Win Real Gold” Challenge (the “WRG Challenge”), whereby users are permitted the opportunity to win prizes of gold (material won may be comprised of varying percentages of gold and carbon) (the “Prizes”).
Eligibility: The WRG Challenge is only valid in jurisdictions where skill-based play for monetary instruments or monetary value is permitted. The WRG Challenge may be prohibited in your jurisdiction, the assessment of which is your sole and exclusive responsibility. The WRG is void where prohibited (the “Prohibited Jurisdictions”). We reserve the right, but are not obligated to, monitor your location and block access from any Prohibited Jurisdiction.
AVAILABLE CURRENTLY IN AUSTRALIA, AUSTRIA, BELGIUM, CANADA, DENMARK, FINLAND, FRANCE, GERMANY, IRELAND, ITALY, NEW ZEALAND, NORWAY, PORTUGAL, SPAIN, SWITZERLAND, UNITED KINGDOM, LUXEMBOURG, SAN MARINO, ICELAND, MALTA, CYPRUS, THE CZECH REPUBLIC AND UNITED STATES. USERS: PLEASE BE ADVISED THAT YOU ARE NOT PERMITTED ENTRY INTO THE WRG CHALLENGE IF YOU RESIDE IN ANY OF THE FOLLOWING STATES: ARIZONA, ARKANSAS, CONNECTICUT, DELAWARE, FLORIDA, LOUISIANA, MARYLAND, MONTANA, SOUTH CAROLINA, SOUTH DAKOTA OR TENNESSEE (“PROHIBITED STATES”). THE WRG CHALLENGE IS VOID IN THE PROHIBITED STATES.
Your participation in any of the TSG Challenges is at your own risk. You acknowledge and agree that TSG will not be held responsible in any way for your violation of any applicable law, rule, or regulation or for any action we may undertake to restrict your access to the TSG Services or Challenges.
Rules of the WRG Challenge will be as outlined in the challenge announcement, as well as available for viewing on the Planet Gold Rush mobile application at all times. Rules of the WRG Challenge may be subject to change by TSG at any time.
Article 3 – Entry Process For Skill-Based WRG Challenge:
Details: No purchase is necessary to enter or win the WRG Challenge.There are no limits to the number of WRG Challenges a TSG Services user who wishes to play (“Entrant”) may enter. There are no limits to the number of Entrants per WRG Challenge. There will be one Winner per calendar day and one Winner per calendar week. Winners of the WRG Challenge as played daily will win ⅛ oz. gold. Winners of the WRG Challenge as played weekly will win 1 oz. gold. Limit 1 Winner per household. Prize is subject to import charges, which must be paid by winner.
Gold Prizes are provided to eligible winners. If any Entrant is deemed ineligible at the conclusion of game play for any reason in our sole and exclusive discretion, then no Prize will be awarded. Prizes are not assignable or transferable in any way. All Entrants hereby agree and acknowledge that they may win the WRG Challenge but not be eligible for a Prize in the case that they are in a jurisdiction where such Prize is ineligible or in the case TSG determines that the Entrant is not eligible for any other reason, including a violation of these Terms of Service or other applicable law. Decisions to void a Prize to an Entrant or disqualify an Entrant are final. Disqualified Entrants are not eligible for Prizes.
TSG has no liability for the disqualification of any Entrant based on the terms set forth herein. All Entrants must be of at least 18 (eighteen) years of age.
Employees, agents, or third party contractors, affiliated with TSG, and their immediate family members and other parties residing at the same home address, are not eligible to enter the WRG Challenge. Entrants may not use any automated means, including scripts or macros, to participate in the WRG Challenge. Any use of an automated methodology or technology to participate in the WRG Challenge will immediately disqualify the Entrant and may result in termination of Entrant’s account.
Prize winners will be notified within the Planet Gold Rush mobile application or other form of communication based on the information that the Entrant has provided to TSG. TSG will not provide, and Entrant is not entitled to, a substitute for any Prize awarded. Prizes may only be claimed by the winning Entrant.
TSG may, in our sole discretion and in accordance with the laws and statutes of Entrant’s jurisdiction, require that Entrant sign a publicity waiver or other intellectual property agreement as a condition of receiving a prize. The publicity waiver will be drafted by TSG, and may require that the Entrant grant the right to use their name, voice, likeness, and any other information provided to TSG through the use of the Planet Gold Rush mobile application for promotional purposes. Entrant agrees and acknowledges that receipt of their Prize is sufficient consideration to enter any agreement to use their name, likeness, or other personal information for promotional purposes. The waiver may also include the requirement that Entrant allow TSG to utilize any media recording device to capture audio or visual of Entrant for promotional purposes. Through the publicity waiver or other agreement, Entrant will be agreeing to have any captured images, video, or recordings of Entrant be used, reproduced, modified, cut, broadcasted, transmitted, published, displayed or otherwise fully exploited in our sole and exclusive discretion. Entrant will not be permitted any final approval over any material.
Entrants may also be required to execute additional documentation, including, but not limited to, affidavits or tax forms, to claim the prize.
Entrants must claim their prize within 90 (ninety) days of receiving notification that they are a Prize winner. Failure to claim the Prize within the 90 (ninety) days may result in the forfeiture of the Prize.
Entrants may be required to submit the following information to TSG in order to claim their prize:
Date of Birth
Drivers license, passport, or other proof of identity
Tax forms, if applicable
Phone number, if requested
Entrants are solely responsible for all tax consequences that arise from claiming a prize. If you would like to receive a list of Prize winners, please contact TSG through the contact details provided elsewhere in this Terms of Service.
TSG is not liable for any technical or organizational failure or other human error which may occur, resulting in Entrant not finding out about winning the WRG Challenge or receiving a Prize in a timely manner.
The remainder of the Terms of Service as a whole are applicable to all Challenges offered by TSG, including, but not limited to, applicable provisions on warranty disclaimers, limitation of liability, indemnity, and dispute resolution.
Article 4 – License Rights:
A. GRANT OF A LIMITED LICENSE TO USE THE SERVICES
The TSG Services are licensed to you, not sold. Subject to your compliance with these Terms of Service, TSG grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own non-commercial use. You agree not to use the Services for any other purpose. Any use of the Services in violation of the Terms of Service is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
Whenever you access or use TSG Services, you agree that you will not:
- Violate any law, rule or regulation.
- Interfere, damage, disrupt, overburden, or aid or assist in the disruption or overburdening of any computer, server or network (“Server”) used to offer or support the Services or any TSG game environment in any manner.
- Institute, assist, or become involved in any type of attack, including without limitation, distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services in any manner. This includes disrupting the normal flow of game play, chat, or dialogue within TSG Services.
- Attempt to gain unauthorized access to the Services, Accounts registered to users other than yourself or to the computers, Servers, or networks connected to the Services by any means, including but not limited to, 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 Services.
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Services. Or without TSG’s express written consent, modify or cause to be modified any files that are a part of the Services or any game.
- 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 Services or any TSG game, or to obtain any information from the Services or any TSG game using any method not expressly permitted by TSG.
- Use your Account only for commercial purposes.
- Create an Account or access the Services if you are under the age of 16 (sixteen).
- Trade, sell, rent, give away, or provide access to your Account, including any virtual currency, to a third party, or create an Account using a false identity or information, or on behalf of someone other than yourself.
- Create more than one Account.
- Use the Services to advertise, or solicit, or transmit any type of advertisements, political messages or messages unrelated to the Services, including chain letters, junk, spam e-mail or repetitive messages to anyone.
- Post a message for any purpose other than personal communication.
- Improperly use in-game support or make false or misleading reports to TSG staff.
- Share Account or login information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account as you are solely responsible for maintaining the confidentiality of your Account and login information, and you will be responsible for all uses of the Account, including purchases, whether or not authorized by you.
- Engage in any act that TSG deems to be in conflict with the spirit or intent of the Services, the Terms of Service, or makes improper use of TSG’s support services, in our sole and exclusive discretion.
- Post anything that is abusive, harassing, threatening, obscene, profane, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, as deemed objectionable or offensive by TSG.
- Attempt to, or harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person using the Services or an employee of TSG.
- Solicit or attempt to solicit personal information from other users of the Services.
- Collect or post anyone’s private information, including personally identifiable information or financial information through the Services.
- Make available or utilize through the Services any material or information that infringes on 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.
- Use TSG Services in a country or jurisdiction in which TSG is prohibited from offering such Services.
- Engage in any activity that disturbs the peaceful, fair and respectful gaming environment of TSG.
- Promote, encourage or take part in any prohibited activity described above.
TSG may post additional rules that apply to your conduct when using the Services at any time.
If you encounter another user who is violating any of these rules, please report this activity to TSG Customer Support staff.
TSG may, in its discretion, monitor or record online activity or content on TSG Services and may remove any content from any TSG Services at its sole discretion.
TSG may utilize certain technologies to detect and prevent cheating in connection with the use of TSG Services.
B. SUSPENSION AND TERMINATION OF YOUR ACCOUNT AND/OR SERVICES
TSG reserves the right to determine what conduct it considers to be in violation of the Terms of Service and reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, TSG MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR ACCESS TO THE TSG SERVICES OR PORTIONS THEREOF IF YOU ARE, OR TSG 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 SERVICES, WITH OR WITHOUT NOTICE TO YOU.
IN THE EVENT YOUR ACCOUNT IS TERMINATED, LIMITED OR SUSPENDED, YOU MAY LOSE ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR ACCOUNT. TSG IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
TSG RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
TSG reserves the right to stop offering and/or supporting the Services, a particular game, or part of the Services at any time, at which point your license to use the Services, or a part thereof, will be automatically terminated. In such event, TSG 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 Services or any part thereof, including any content you submitted or others submitted.
TSG reserves the right to audit your Account before any prize is awarded to you, within a reasonable time, to ensure compliance with the Terms of Service. In the event TSG determines that you have violated the Terms of Services, you forfeit any right you have to such prize.
You may terminate your Account at any time and for any reason by emailing us at firstname.lastname@example.org or uninstalling TSG products at any time within your game settings on your own personal device.
You will fully cooperate with TSG to investigate any suspected unlawful, fraudulent or improper activity.
Article 5 – Ownership of Services:
- GAMES AND SERVICES
All rights, title and interest in and to the Services (including without limitation any games, titles, code, concepts, artwork, animations, sounds, audio-visual effects, moral rights, documentation, and all other content or material appearing on or emanating to or from the Services) are the sole property of TSG. TSG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Services.
All rights, title, and interest in and to your Account used by you in the Services are owned and inure to the benefit of TSG.
- VIRTUAL ITEMS
All rights, title, and interest in and to your virtual goods and currency used by you in the Services, are owned and inure to the benefit of TSG.
- USER CONTENT
TSG 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.
Article 6 – User Content:
- CONTENT SCREENING
TSG assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Your use of the Services is at your own risk and you bear all risks associated with the use of any User Content available in connection with the Services. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post, or remove any User Content.
You hereby grant to TSG 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 Services, including marketing and promotions of the Services.
- You also hereby grant to TSG the right to authorize others to exercise any of the rights granted to TSG under these Terms of Service. You further hereby grant to TSG 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 or notice 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.
- USER INTERACTIONS
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or TSG games.If you have a dispute with one or more users, you release TSG (and our officers, managers, 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.
Article 7 – Fees and Purchase Terms:
In the Services you may have the option to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency” for use in TSG games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”).
TSG may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. TSG shall have no liability to you or any third party in the event that TSG exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem, or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to TSG, another user, or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE AND HAVE NO MONETARY VALUE OUTSIDE OF USE IN THE SERVICES.
2. PAYMENT OF FEES
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
TSG may revise the pricing for the goods and services offered through the Services at any time, including without limitation the Virtual Items and Merchandise.
YOU ACKNOWLEDGE THAT TSG IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Article 8 – Disclaimer of Warranties:
WITHOUT LIMITING TSG’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TSG DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Article 9 – Limitation of Liability; Sole and Exclusive Remedy; Indemnification:
TSG SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICES OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TSG SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TSG IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO TSG DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND TSG’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TSG IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT. ANY CLAIM THAT YOU MAY HAVE AGAINST TSG MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE, OR IT IS FOREVER BARRED.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that TSG may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of TSG’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold TSG harmless from any claim, demand, damages or other losses, including attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Service. You agree that TSG shall have no liability to you if TSG changes or ceases to provide the WRG Game or any other part of the Services or if the Services are not available for any reason.
Article 10 – Dispute Resolution and Law:
If a dispute arises between you and TSG, we strongly encourage you to first contact us directly to seek a resolution by going first to our customer support staff. Any dispute arising out of the Terms of Service or the Services, shall be governed in all respects by Oregon law, without regard to conflict of law provisions.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
In the event that you are unable to resolve your dispute with our customer support staff, all disputes, claims, or controversies arising out of or relating to this Terms of Service, any TSG Services and its marketing, or the relationship between you and TSG (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. You acknowledge that this Section does not apply to claims brought by TSG regarding the infringement, protection, or validity of TSG’s trade secrets, copyright, trademark, patent rights, or intellectual property.
Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website https:/www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person in Portland, Oregon, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and TSG may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
YOU AND TSG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
Article 11 – Apple Terms:
You may be accessing the TSG Services through an application on your Apple device which was provided by the Apple iTunes store. If so, please be advised as follows:
- Apple does not and will not provide any customer support, help, or other assistance with regard to the TSG Services – only TSG can help with any questions, concerns, claims, losses, liabilities, damages, costs, expenses, or issues you may face with our application;
- Should the TSG Services not confirm to any express or implied warranty, you may notify Apple, in which case Apple’s only responsibility will be to refund the purchase price, if applicable;
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the TSG Services;
- You are hereby acknowledging and agreeing not to use the TSG Services except on your personal Apple device;
- Your license to use the TSG Services is a limited license, provided on a non-transferable, non-sublicensable, non-exclusive basis and may only be utilized for your personal, non-commercial use subject to this Agreement;
- You acknowledge and agree that should a third party claim arise concerning any TSG application, or the use of the application by you, with respect to an alleged infringement of a third party’s intellectual property rights, that TSG, and not Apple, will undertake the investigation, defense, settlement, and discharge of any such infringement claim or claims;
- You represent and warrant that you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as being a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- You acknowledge that in the utilization of any TSG application, you will act in accordance with any applicable third party terms or User agreements which may affect or be affected by the TSG application; and
- You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and upon your acceptance of these terms, Apple has the right (and will be considered to have accepted the right) to enforce these terms against you as third party beneficiary hereof.
Article 12 – Affiliate Marketing Notice:
TSG may provide compensation in the form of affiliate marketing fees to marketers which we allow to post or advertise TSG. For affiliates wishing to join the program, please visit affiliates.trulysocialgames.com.
Article 13 – Severability:
Article 14 – Assignment:
Article 15 – Entire Agreement:
Article 16 – No Waiver:
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by TSG shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of TSG.
Article 17 – Notices:
Truly Social Games LLC
6915 SW Macadam Ave.
Portland, OR 97219
Data Protection Officer: Patrick Tougas
With a required copy to:
Dinsmore & Shohl, LLP
Attn: John Mackewich
900 Wilshire Drive, Suite 300
Troy, MI 48084
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Article 18 – Equitable Remedies:
Notwithstanding anything to the contract, you acknowledge that the rights granted and obligations made under these Terms of Service to TSG are of a unique and irreplaceable nature, the loss of which shall irreparably harm TSG and which cannot be replaced by monetary damages alone so that TSG shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any TSG game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
Article 19 – Force Majeure:
TSG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of TSG, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond TSG’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Article 20 – Amendments: