Before accessing or using the Play Services, including browsing any UIL Media website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Play Services (an "Account"). By registering for an Account or otherwise using the Play Services, you represent that you are age 13 or older. 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 Play Services from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE PLAY SERVICES, 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 PLAY SERVICES. USE OF THE PLAY SERVICES IS VOID WHERE PROHIBITED.
UIL Media reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant UIL Media policies at any time by posting the amended terms on the Play Services. You will be deemed to have accepted such changes by continuing to use the Play Services. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the UIL Media Privacy Policy, or any other UIL Media 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 Play Services.
1. License
1.1. Grant of a Limited License to Use the Play Services
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant UIL Media policies, UIL Media grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Play Services for any other purpose.
The following restrictions apply to the use of the Play Services:
• You shall not create an Account or access the Play Services 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 Play Services by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
• You shall not (or attempt to) purchase, sell, rent or give away your Account, 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 UIL Media, or previously been banned from playing any UIL Media 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 or misleading messages to anyone.
1.2 Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("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 UIL Media 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. Please, take note that UIL Media can store your Account data on your device only, therefore when you delete an app, you will are responsible for the loss of data related to that app.
UIL Media 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.
The Play Services supports only one Account per game on a supported device.
1.3 License Limitations
Any use of the Play Services 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 UIL Media deems to be in conflict with the spirit or intent of the Play Services or make improper use of UIL Media's support services.
• Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Play Services, any UIL Media game or any UIL Media game experience.
• Modify or cause to be modified any files that are a part of the Play Services or any UIL Media game without UIL Media's express written consent.
• Disrupt, interfere with or otherwise adversely affect the normal flow of the Play Services or otherwise act in a manner that may negatively affect other users' experience when using the Play Services or playing UIL Media's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Play Services to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Play Services.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Play Services or any UIL Media 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 Play Services, or other attempts to disrupt the Play Services or any other person's use or enjoyment of the Play Services.
• Attempt to gain unauthorized access to the Play Services, 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 UIL Media, 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 Play Services.
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
• 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 UIL Media employees, including UIL Media's customer service representatives.
• Make available through the Play Services 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 UIL Media 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 Play Services or any UIL Media game, or to obtain any information from the Play Services or any UIL Media game using any method not expressly permitted by UIL Media.
• Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Play Services or any UIL Media game.
• 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 Play Services.
UIL Media 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 Play Services itself. UIL Media reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Play Services in whole or in part.
1.4 Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, UIL MEDIA MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE PLAY SERVICES OR PORTIONS THEREOF IF YOU ARE, OR UIL MEDIA 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 IN THE PLAY SERVICES 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 PLAY SERVICES, AND UIL MEDIA 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 PLAY SERVICES 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 PLAY SERVICES 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.
UIL MEDIA RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
UIL Media reserves the right to stop offering and/or supporting the Play Services or a particular game or part of the Play Services at any time, at which point your license to use the Play Services or a part thereof will be automatically terminated. In such event, UIL Media shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Play Services.
Termination of your Account can include disabling your access to the Play Services 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 Play Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions (if original), audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a UIL Media game client, and the UIL Media game clients and server software) are owned by UIL Media. UIL Media reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Play Services.
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 UIL MEDIA.
2.3. Virtual Items
UIL Media owns, has licensed, or otherwise has rights to use all of the content that appears in the Play Services or in UIL Media’s games. 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 Play Services, including without limitation the virtual goods or currency appearing or originating in any UIL Media game, whether earned in a game or purchased from UIL Media, or any other attributes associated with an Account or stored on the Play Services.
3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a UIL Media game client or the Play Services, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Play Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (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 UIL Media in accordance with its Privacy Policy.
3.1.2 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. UIL Media 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 Play Services. UIL Media shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.1.3 Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Play Services and that you provide to others. UIL Media 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 UIL Media violates these Terms of Service.
3.1.4 User Interactions
You are solely responsible for your interactions with other users of the Play Services and any other parties with whom you interact through the Service and/or UIL Media games. UIL Media reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with UIL Media to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting UIL Media 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.
4. Fees and Purchase Terms
4.1.Purchases
In the Play Services you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or premium currency, all for use in UIL Media games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Play Services, and not in any other way.
UIL Media may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. UIL Media shall have no liability to you or any third party in the event that UIL Media exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Play Services. Other than as expressly authorized in the Play Services, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to UIL Media, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE PLAY SERVICES ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in UIL Media games is a service provided by UIL Media that commences immediately upon acceptance by UIL Media of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. UIL Media may revise the pricing for the goods and services offered through the Play Services at any time. YOU ACKNOWLEDGE THAT UIL MEDIA 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.
5. Updates to the Service
You understand that the Play Services is an evolving one. UIL Media may require that you accept updates to the Service and to UIL Media's games you have installed on your device or computer. You acknowledge and agree that UIL Media may update the Play Services and UIL Media games, with or without notifying you. You may need to update third party software from time to time in order to receive the Play Services and play UIL Media games.
6. Disclaimer of Warranties
WITHOUT LIMITING UIL MEDIA'S LIABILITY UNDER SECTION 7 BELOW, THE PLAY SERVICES IS 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. UIL MEDIA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLAY SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLAY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE PLAY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UIL MEDIA 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 OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UIL MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, UIL MEDIA SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO UIL MEDIA 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 UIL MEDIA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND UIL MEDIA'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH UIL MEDIA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF UIL MEDIA OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF UIL MEDIA.
You agree to indemnify, defend and hold UIL Media (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Play Services, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Assignment
UIL Media may assign or delegate these Terms of Service and/or the UIL Media Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without UIL Media's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
9. Supplemental Policies
UIL Media may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10. Force Majeure
UIL Media shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of UIL Media, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond UIL Media'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.