Terms of Services
Effective Date: October 11, 2013 (Last updated on: October 25, 2013)
The terms of this agreement ("Terms of Service" or "Terms") govern the relationship between you and PurpleKiwii (collectively "PurpleKiwii" or "we") regarding your use of PurpleKiwii.com and/or games and related services, which include applications for mobile devices (collectively, the "Services"). By using or accessing our Services you signify that you have read, understand and agree to be bound by the terms and conditions set forth below. We may amend the Terms of Service from time to time, and we encourage you to consult the Terms of Service regularly for changes. Use of the Services after changes are made to the Terms of Service will be considered your consent to the new terms.
1. LICENSE TO USE THE SERVICES
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive license to use content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not: 1) Use, develop and/or distribute cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services or any PurpleKiwii game experience; 2) 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; 3) Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers; 4) Exploit the Services or any of its parts for any commercial purpose; 5) Without our express written consent, modify or cause to be modified any files that are a part of the Services.
2.INTELLECTUAL PROPERTY AND OWNERSHIP
PurpleKiwii remains the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files) posted on the Services by PurpleKiwii. Thus, all materials stated above are protected by law from unauthorized use. You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without our express prior written permission, except that the foregoing does not apply to your own User Contents (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, requires express prior written permission from PurpleKiwii. Please note that we have the right to withdraw or modify one or more Services where we have legal, technical or other reasons for doing this, including (i) privacy, data protection or other legal objections to the content or conduct of our Services, and (ii) technical difficulties experienced by us or on the Internet. There may also be times when our Services are not available, whether on a scheduled or unscheduled basis.
3. RULES OF CONDUCT
Your use of the Services is governed by certain rules (the "Rules of Conduct"), which are maintained and enforced by PurpleKiwii, and must be adhered to by all users at all times when using or accessing the Services. The PurpleKiwii Services may provide communication channels such as fan pages, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Services users. It is your responsibility to know, understand and abide by this Rules of Conduct. By accessing and using the Communication Channels and Services, you agree that you will not: 1) Post, transmit, promote, or distribute content that is illegal; 2) Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion and heritage; 3) Engage in disruptive behavior in chat areas, game areas, fan pages, or any other area or aspect of our Services. Disruptive behavior includes but is not limited to conduct which disturbs the flow of dialogue in our Services with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read "spamming" or flooding; 5) Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user).
4. ACCOUNT AND SECURITY
You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Services. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information about you (including, if required, your email address) as prompted by the applicable registration form. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms. Please understand that the Services are not geared toward children under the age of 13. You are responsible for maintaining the confidentiality of your account information (including usernames, passwords, and billing information) and are responsible for any and all activities that occur under your account. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. Thus, please notify us immediately of any unauthorized use or theft of your account or any other breach of security.
5. USER CONTENTS
"User Contents" mean any communications, images, sounds, and all the material, data, and information that you upload or transmit the Services, or that other users upload or transmit, including without limitation any chat text. User Contents also include any feedback, comments, or suggestions you may provide regarding the Services, other Contents, or the Delivery Platforms, including any responses provided through user surveys. User Contents are uploaded by you and are the sole responsibility of the person from whom the User Contents originated. You also agree that PurpleKiwii will not under any circumstances be liable for any User Contents, including, but not limited to, errors in any User Contents, or any loss or damage incurred by use of the User Contents. We reserve the right to remove and permanently delete any User Contents from the Services with or without notice if we decide in our sole discretion that it is capable of breaching any part of these terms, or that it may bring us or our Services into disrepute.
6. VIRTUAL CURRENCIES/ ITEMS
Our Services may include virtual currencies such as coins and virtual items that you can buy from us for real money if you are at least 18 years old. If you are under the age of 18, you may use payments only with the involvement of your parent or guardian. Make sure you review our Terms and User Payments Terms of Facebook with your parent or guardian so that you both understand all of your rights and responsibilities. Virtual Currencies and Virtual Items can never be exchanged for real money, real goods or real services from us or anyone else. You acknowledge and agree that all sales of Virtual Currencies and Virtual Items are final and that we will not refund any transaction once it has been made. However, we shall be reimbursed in our sole discretion if your claim has been raised from the damage of loss during the transaction.
7. LINKS TO THIRD PARTY SITES
We may contain links on the Services to third party websites or vendors such as Trial Pay who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades (such as in-game currency). Some of these web sites may charge separate fees, which are not included in any fees that you may pay to us. Because we cannot control the activities of the third party on its site, we cannot guarantee that the third party will adhere to the same Terms as PurpleKiwii. We are in no way responsible for the Terms of the third party to which you chose to access from the Services. Please be sure to read the Privacy Policies and Terms of Services of any other service provider from whom you request services.
8. SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate your access to our Services if we reasonably believe that you are in breach of these terms. You may, as the result of suspension and/or termination, lose your account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Items, as applicable. We also reserve the right to stop offering and/or supporting the part or all of the Services at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
You agree to defend, indemnify and hold harmless PurpleKiwii from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of PurpleKiwii, and the remaining portions shall remain in full force and effect.
These Terms and any action related thereto shall be governed by and construed under the laws of New York State (without regard to conflicts or choice of law principles). You and PurpleKiwii agree that the sole and exclusive forum for any claim or dispute arising out of or relating to this Agreement shall be the appropriate courts of New York State. The parties expressly consent to the personal jurisdiction of such courts.