LUDIA INC. TERMS OF USE
Last revision: May 5, 2012
French
Pour un certain nombre de pays, Ludia vous fournit une traduction en français des présentes conditions. Vous reconnaissez que la traduction ne vous est fournie que pour la commodité de la lecture et que la version anglaise des conditions prévaudra en cas de divergences.
Italian
Per alcuni paesi, Ludia fornisce una traduzione italiano dei presenti termini. Riconosci che la traduzione ti viene fornita puramente per comoditá di lettura e che la versione inglese dei termini prevarrá in caso di divergenze.
German
Für diverse Länder stellt Ludia Ihnen eine übersetzung des deutschsprachigen Originals dieser Nutzungsbedingungen zur Verfügung. Sie erklären sich damit einverstanden, dass diese übersetzung Ihnen nur aus Gründen der besseren Verständlichkeit zur Verfügung gestellt wird und dass die englische Version im Falle einer Diskrepanz Vorrang hat.
Spanish
Para algunos países, Ludia ofrece una traducción de la versión español de estas condiciones. El usuario acepta que la traducción se le proporciona únicamente por su propia conveniencia y que la versión original inglesa de este documento primará en caso de cualquier conflicto.
日本語
Ludia は本利用規約の日本語翻訳を提供しております。本利用規約の翻訳版は、ユーザーの便宜のためにのみ提供されているものであり、いかなる問題が発生した場合、ユーザーは英語版の利用規約の内容に従うことに同意するものとします。
Portuguese
Para vaários países, a Ludia está lhe fornecendo uma tradução destes termos em português. O usuário concorda que a tradução é fornecida apenas para sua conveniência e que a versão em língua inglesa dos termos deverá prevalecer, caso haja conflito.
Ludia Inc. (“Ludia”, “we” or “us”) owns and operates social networking or mobile applications (the “Application”) which may be accessed by you through your social networking Site (“SNS”) account, subject to the following Terms of Use. Use of the Application by a user (“you”), whether you participate in the community or are just installing the Application, is subject at all times to these terms of use as well as any other agreements, notices, policies, disclaimers or restrictions posted on the Application (collectively, the Terms of Use”). Use of any Ludia’s Application, games, activities and other services accessed through any of the Application, regardless of when they are added, are governed by these Terms of Use. Please read these Terms of Use carefully. By clicking on the icon “I agree”, below, or using any of Ludia’s Product including but not limited to the Application, you agree to these Terms of Use and consent to be bound by them. Users who are between thirteen (13) years of age and the age of majority shall seek parental consent to review and agree to these terms. If you do not agree, stop using the Application(s) immediately.
Ludia may update or revise these Terms of Use at any time. If we revise the Terms of Use, unless otherwise mentioned, such revision shall be effective fifteen (15) days after posting the new Terms of Use on the Application. Please check this page (as well as the rules and instructions in your favorite game areas) periodically for updates and new information. You agree to review the Terms of Use periodically to become aware of such revisions. You can view the Terms of Use at any time by clicking on the Terms of Use link on the home page of the Application. Your continued use after a revised Terms of Use is posted on the Application will mean that you accept all such revisions as at the date they become effective. If you don't agree to the changes, or to any of the terms in this Terms of Use, your only remedy is not to use the Application and to cancel any services you have signed up for.
USER RESPONSIBILITY
If you violate these Terms of Use, we may issue you a warning about the violation, or we may choose to immediately terminate your right to use any of the Application any and all accounts that you have established. You acknowledge that Ludia is not required to provide you notice before termination, but it may choose to do so at its sole discretion.
The use of the Application is intended solely for users who are thirteen (13) years of age or older. If you register as a member , you agree to (a) provide accurate, current and complete information about you as requested ("Registration Data") and promptly update the Registration Data to ensure it remains accurate, current and complete; (b) maintain the security of your password and identification and be fully responsible for all uses of your password and identification.
THIRD-PARTY APPLICATION AND VENDORS.
Ludia may provide links to other web application or websites operated by third parties. We may also provide access to or through third-party vendors, who provide billing services on the Application. Any charges or obligations you incur in your dealings with these third parties are entirely your responsibility.
Please exercise discretion while browsing the Internet. Our Application may contain hyperlinks to other web sites that are not operated by Ludia., If you click on a link to a third party site, including on an advertisement, an Ad company, or other service provider, you will leave the Ludia site you are visiting and go to the site you selected. These linked sites are not necessarily under the control of Ludia. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Furthermore, you acknowledge and confirm that you are responsible for viewing and abiding by the terms of use and privacy policies posted at these third party linked sites Ludia does not control these web sites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such web sites or as implying any particular association between Ludia and their operators. Such hyperlinks, where provided by Ludia, are for your convenience only.
ONLINE CONTENT.
By "Content," we mean the software, communications, images, sounds, and all the material and information you see on the Application or download on our web sites. Ludia, our affiliates, and independent content providers provide most of the Content on the Application.
Ludia may or may not pre-screen Content, and does not offer any representation, warranty, guarantee or conditions with respect to any Content or its use. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Application.
Any posting or uploading of Content created by you is subject to these Terms of Use. You may not register as a member on behalf of another person without this person’s express authorization.
When you post Content to the Application, you authorize Ludia to make such copies thereof as Ludia deems necessary in order to post the Content or on the Application, to store it and to make it available to others on the Application, and to manage your participation in any service, competition or contest for which you registered.
By posting or uploading Content to the Application, you grant to Ludia an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Application or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
You understand that the Application is not meant to serve as backup or archival storage of Content and you may not be able to retrieve such content once it has been posted.
SERVICES OR CONTEST.
Any purchase of products or services from Ludia or its service providers (including the participation in any contest or competition or the downloading of Content) is subject to the specific terms of use, terms of sale or contest rules applicable to this purchase or participation. Any overdue payment to Ludia will bear interest at the rate of twelve percent (12%) per annum.
You also acknowledge that the time that you spend on the Application is solely for entertainment purposes and that no value can be attributed to such time. In particular (but without limitation), you understand that no value can be attributed to the time that you may spend accumulating digital objects (such as virtual credits, virtual shows, virtual coins, virtual currency, points, tokens and other in-game objects) or developing Content.
While using our Application, you will have the opportunity to purchase virtual items, game sessions, shows and / or coins for use in the games. You may also be awarded virtual items, game sessions, shows and / or coins for use in the games YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR APPLE OR ANY OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD OR OTHER PAYMENT ACCOUNTS FOR A CERTAIN AMOUNT OR ONCE FACEBOOK CREDITS ARE DEDUCTED FROM YOUR ACCOUNT, SUCH AMOUNT OR FACEBOOK CREDITS USED SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT AND/OR THE DISCONTINUATION OF THE SERVICE. You may also be awarded virtual items or credits for use in the games. These virtual items or credits have no "real world" value, but may be exchanged by you for designated virtual items in our in-game online store. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL ITEMS, SHOWS, COINS OR GAME SESSIONS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL ITEMS SHOWS, COINS OR CREDITS. We have no liability for "hacking" or loss of your Virtual items from your Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any virtual credit or item or any experience lost due to your violations of this and any other Company rules, policies, notices and/or agreements. Price and availability of the virtual items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the virtual items or credits, or any other content or information included in the Application, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction Application (e.g., eBay, IGE) or in return for anything of value (including "real" money) or otherwise.
Ludia does not recognize the transfer of member accounts. You may not purchase, sell, gift or trade any accounts, or offer to purchase, sell, gift or trade any accounts, and any such attempt shall be null and void. Ludia owns, has licensed, or otherwise has rights to all of the content that appears in the Application. You agree that you have no right or title in or to any attributes associated with the Account or stored on the Application.
LUDIA IS UNDER NO OBLIGATION TO CONTINUE HOSTING THE APPLICATION AND YOU DO NOT HAVE ANY ONGOING RIGHTS. IF AN APPLICATION IS DELETED INTENTIONNALY OR UNINTENTIONNALY BY YOU OR LUDIA, YOU MAY LOOSE ALL GAME DATA OR PROGRESS.
INAPPROPRIATE CONTENT.
Content standards may vary depending on the web sites that you are on, the type of application you are playing and the expectations of the community. Always use your best judgment when engaging in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, don't post it on our message boards or chat and do not include it in any Content. Crude or explicit sexual references, discussions of illegal drugs, strong vulgar language and hate speech are always inappropriate Content for any of the Applications.
Ludia representatives may monitor your communications on SNS where the Application is available, but we cannot monitor all of the Content on the SNS. Ludia does not endorse, approve, or prescreen any Content that you or other users communicate. To the maximum extent permitted by applicable law, Ludia does not assume any responsibility or liability for Content that is generated by Application users, Members, Performers, or guests on the Application. We reserve the right to remove Content that is objectionable to us for any reason. This determination is at our sole discretion, and is final. Ludia does not assume any liability for any failure to remove, or any delay in removing Content.
If we have removed Content that you posted, we may send you a warning. If it is a serious offense or if you have violated our rules before, we may ban you from further participation on the Application.
ONLINE CONDUCT.
Online conduct is subject to all applicable laws and should also be guided by common sense and basic etiquette. Ignorance of the law is no excuse. We may terminate your use of the Application and cooperate with law enforcement in the event of illegal behavior.
You agree that you will be personally responsible for your use of the Application and for all of your communication and activities, including any Content you may contribute, and that you will indemnify and hold harmless Ludia, its affiliates, employees, officers, directors, mandataries and agents from any liability or damages arising from your conduct on the Application, including any Content that you may contribute.
Without limiting the generality of the foregoing, you will violate the Terms of Service if you do any of the following:
You further agree that these Terms of Use will apply to anyone that you allow to use your service account or user ID, and that you are personally responsible for the consequences (including termination of your account) that may result if any such person breaks these Terms of Use.
Public Nature of Communications.
You acknowledge and agree that your communications with other users by any avenue of communication on the Application or games are public and not private communications, and that you have no expectation of privacy even if you have identified or marked information as private. You acknowledge that personal information may be seen and used by others and result in unsolicited communications; therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on the Application or games. Ludia is not responsible for information that you choose to communicate to other users, or for the actions of other users.
Commercial Activity and Unsolicited E-mail.
You may not advertise any goods or services on an Application or game. Chain letters, SPAMand pyramid schemes are not allowed. You may not use the Application to collect information, including login names, about the Application or game users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Application, or any games or services offered on the Application for any commercial purpose. Any violation of these provisions can subject your use of the Application to immediate termination and further legal action.
Use of Machines, Computers, Scripts.
The use of machines, computers, scripts or any automated system on the Application is strictly prohibited and may result in criminal liability.
Termination.
Ludia may terminate and permanently disqualify anyone who, in its sole discretion, determines as being in violation of these Terms of Use. All decisions by Ludia are final.
Reporting.
If you encounter another user who is violating any of the rules of conduct described above, please report them by email at: support@ludia.com .
REPRESENTATIONS, WARRANTIES AND COVENANTS.
You hereby represent, warrant and covenant to Ludia that:
Intellectual Property Rights.
All content on the Application including without limitation all software (the “Ludia Software”) style guide, design, text, photographs, illustrations, games, audio clips, video clips, tools, artwork and other graphic material and all names, logos, trademarks and service marks is the property of Ludia or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from the Application unless we have expressly authorized you to do so.
Ludia hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Content (excluding the Ludia Software) for non-commercial and personal use only provided that you maintain all copyright and other notices contained in such Content.
You shall not copy, produce, reproduce, publish, display, translate, adapt, broadcast, communicate to the public by telecommunication, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on the Application or games, unless Ludia expressly authorizes you to do so in writing. Use of the Content is only permitted with the express written permission of Ludia and/or its licensor and breach of this provision can lead to the termination of your access to the Application and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In such case, you agree to indemnify and hold harmless Ludia and its subsidiaries, affiliates, related companies, employees, officers, directors, mandataries and agents.
Ludia respects the intellectual property rights of others. You may not upload or post on the Application any Content protected by copyright, trademark or other intellectual property rights (the “Intellectual Property Rights”) unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable Content. Ludia may, without prior notice to you, remove from any Content that Ludia in its sole judgment believes may infringe the Intellectual Property Rights of a third party. If you are a repeat infringer of a third party’s Intellectual Property Rights, Ludia may immediately terminate your access to the Application without prior notice to you. No refund will be granted, and you will lose access to everything associated with your account (including any shows, coins, game sessions, and any other virtual items).
If you are a copyright owner and you believe that any Content posted on the Application infringes your rights, you may submit a written notification to us at our mailing address.
Marks.
Ludia and all Ludia logos, as well as other related trademarks and other marks which may appear on the Application (“Marks”), are the service marks and trademarks of Ludia and/or its affiliates. All other trademarks, trade names, service marks and logos used on this Application, with or without attribution, are the trademarks, trade names, service marks or logos of their respective owners.
Ludia Software.
Subject to the additional rules of any service, game or contest you subscribe to or participate in Ludia grants to you a non-exclusive, limited license to use Ludia Software to play games on your computer and on our Application. To the extent permitted under applicable law, you may not sub-license, or charge others to use or access Ludia Software. To the extent permitted under applicable law, you may not use Ludia Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Ludia Software. You may not modify Ludia Software or use it in any way not expressly authorized in writing by Ludia. You understand that Ludia’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Ludia may vary or not function at all depending on your computer and other equipment.
Patches.
From time to time, Ludia may provide you with updates or modifications to the Software (“Patches”). You understand that in order to continue using the Ludia Software and the Application, you must accept and install all Patches that you receive from Ludia.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER LUDIA NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE CONTENT OR THE LUDIA SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
Export Control Laws.
Ludia Software and Content may be subject to Canadian export controls, and export controls of other jurisdictions. By downloading Ludia Software or Content from Ludia, you warrant that you are not located in any country, or exporting Ludia Online Software or Content to any person or place, to which Canada or any other jurisdiction has embargoed goods.
You further agree to abide by Canadian and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Ludia Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any required Application government authorization. You further agree not to upload to any Application any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
User’s Information.
When you connect to an Application, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of Ludia Software. You may also provide us with personal information concerning you. Ludia’s practices in relation to the collection, use and disclosure of personal information are set out in our Privacy Policy.
LIMITATIONS ON WARRANTY AND LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION, LUDIA SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE APPLICATION, LUDIA SOFTWARE, LUDIA’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. LUDIA PROVIDES THE APPLICATION ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT LUDIA WILL HAVE ADEQUATE CAPACITY FOR USE OF THE APPLICATION AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LUDIA OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT). YOU ACKNOWLEDGE AND AGREE THAT LUDIA, ITS SUBSIDIARIES, LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE APPLICATION OR USE OF LUDIA SOFTWARE. IN NO CASE SHALL LUDIA OR ITS SUBSIDIARIES, LICENSORS, LICENSEES, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "LUDIA AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO LUDIA FOR THE USE OF THE APPLICATION OR LUDIA SOFTWARE. IN NO CASE SHALL LUDIA OR LUDIA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, LUDIA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH LUDIA APPLICATION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, LUDIA’S AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. LUDIA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE APPLICATION AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNIFICATION.
Upon request by Ludia, you agree to defend, indemnify and hold harmless Ludia and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, mandataries, agents and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any Content on the Application or games. Ludia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which case you shall have no further obligation to provide indemnification to Ludia in that matter. This Section shall survive termination of this Agreement.
PRIVACY.
By agreeing to these Terms of Use, you acknowledge that you have read the terms of the Privacy Policy and consent to the collection, use and disclosure of your personal information in accordance with these terms.
OTHER LEGAL TERMS.
The Terms of Use and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and Ludia regarding your rights and obligations in your use of the Application. If there is any discrepancy, between the Terms of Use and any other rules or instructions posted on a Application, each clause will be interpreted in light of the principles of interpretation of contracts of the Civil Code of Quebec. If you have questions about the Terms of Use, please contact us by emailing support@ludia.com.
These Terms of Use shall be interpreted in accordance with the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Ludia Terms of Use and the Ludia Privacy Policy, including Ludia’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The parties hereto have expressly requested that this Agreement and all documents related thereto be drafted in English.