Terms of Services
Effective Date: June 5th 2018 (Last updated on: June 5th 2018)
The terms of this agreement ("Terms of Service" or "Terms") govern the relationship between you and Playdog Soft (collectively "Playdog Soft" or "we") regarding your use of Goldpartycasino.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.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
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 Playdog Soft 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
Playdog Soft 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 Playdog Soft. 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 Playdog Soft. 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 Playdog Soft, and must be adhered to by all users at all times when using or accessing the Services. The Playdog Soft 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; 4) Harass employees of Playdog Soft, which includes sending emails with insults; 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) ; Deal with Coins in a manner that violates these Terms, including transferring Coins to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currencies or other products or services.
4. ACCOUNT AND SECURITY
In order to use our Services, we may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birthdate, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Playdog Soft’s Privacy Policy. You agree to supply Playdog Soft with accurate, complete, and up-to-date information, particularly your email address. You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument, and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.
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 Playdog Soft 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 (“Virtual Currencies”) 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, goods or any other item of monetary value from us or anyone else. You may not purchase, sell, or exchange Virtual Currencies outside the service. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Services and possible legal action. 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. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
7. THIRD-PARTY ADVERTISING
Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it. Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility. We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties. Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.
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 Currencies, 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.
9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Playdog Soft 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.
10. SEVERABILITY
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 Playdog Soft, and the remaining portions shall remain in full force and effect.
11. LAW
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 Playdog Soft 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.