TERMS OF SERVICE
Please read this Terms of Service Agreement (“Agreement”) carefully before using the software offered by Ludia Games Inc. and its affiliates and subsidiaries (collectively “Ludia”).
If you do not unconditionally agree to all the terms and conditions of the Agreement, you have no right to use the Software, and you must uninstall the software from all of your devices immediately. Use of the Software is void where prohibited.
Ludia reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on Ludia’s website (currently located at https://www.ludia.com/), or by sending you a notice via email or via the Software. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Software following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
This Agreement contains a binding arbitration agreement and class action waiver in the section titled “Dispute Resolution & Arbitration Agreement.” When you agree to this Agreement you are agreeing (with limited exception) to resolve any dispute between you and Ludia through binding, individual arbitration rather than in court. Please review carefully section 18 “Dispute Resolution & Arbitration Agreement” below for details regarding arbitration (including the procedure to opt out of arbitration).
Subject to the terms and conditions of this Agreement, Ludia grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Ludia mobile application (“Software”) on your personal computer or mobile device, solely in machine executable object code form and solely for your own personal, non-commercial use, and not for the benefit of any third party. Ludia owns and operates the Software. Ludia may change, suspend or discontinue the Software at any time, including the availability of any feature, database, or content. Ludia may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability.
You must be at least 13 years old (or such other minimum age as is applicable in your country and/or state of residence) to create a publicly-facing username (“User ID”) to use the Software. If you are younger than 18 years old, you may only use the Software if your parent or legal guardian has read and agreed to this Agreement. You represent and warrant that you (or your parent or legal guardian, as applicable) have reviewed and agreed to this Agreement. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Software.
You further represent and warrant to Ludia that: (i) you are an individual (i.e., not a corporation); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Software and take full responsibility for your selection and use of and access to the Software. This Agreement is void where prohibited by law, and the right to access the Software is revoked in such jurisdictions.
Without limiting any other remedies, Ludia may limit, suspend, terminate, modify, or delete User IDs or access to the Software or portions thereof if you are, or Ludia suspects that you are, failing to comply with any of the terms of this Agreement or for any actual or suspected illegal or improper use of the Software, with or without notice to you. You can lose your user name and persona as a result of User ID termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Software, and Ludia is under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, Ludia may limit, suspend or terminate the Software and User IDs or portions thereof, prohibit access to our games and sites, and their content, software, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Software 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, Ludia may, in appropriate circumstances and at our sole discretion, suspend or terminate User IDs of users who may be repeat infringers of third party intellectual property rights.
All materials displayed or performed on the Software (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Ludia game client, and the Ludia game clients and server software) are protected by copyright. You must abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Software, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Software in whole or in part.
In the course of using the Software, you and other users may provide information which may be used by Ludia in connection with the Software and which may be visible to certain other users. You understand that by posting information or content on the Software or otherwise providing content, materials or information to Ludia or in connection with the Software (collectively, “User Submissions”), Ludia hereby is granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Ludia will only share personal data identified in Ludia’s current Privacy Policy in accordance with that policy. You also grant each user of the Software a non-exclusive license to access your User Submissions through the Software, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Software and under this Agreement. Furthermore, you understand that Ludia retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Software is the sole responsibility of the person from which such content originated and that Ludia will not be liable for any errors or omissions in any content.
You understand that Ludia cannot guarantee the identity of any other users with whom you may interact in the course of using the Software. Additionally, Ludia cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Software is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
“LUDIA,” “Lovelink,” “Ludia,” and associated logos are trademarks of Ludia. All rights reserved. All trademarks not owned by Ludia that appear on Ludia’s website or in the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ludia.
You warrant, represent and agree that you will not contribute any content or otherwise use the Software in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, dangerous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Ludia’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Ludia; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Ludia reserves the right to remove any content from the Software at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Ludia is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Ludia, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software, and you warrant that you possess all rights necessary to provide such content to Ludia and to grant Ludia the rights to use such information in connection with the Software and as otherwise provided herein.
You assume total responsibility and risk for all of your activity in connection with the Software. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Software. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Ludia user. Use of the Software to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Software, or any processes that run or are activated while you are not logged on to the Software, or that otherwise interfere with the proper working of or place an unreasonable load on the Software’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Software is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Software.
Ludia has no special relationship with or fiduciary duty to you. You acknowledge that Ludia has no control over, and no duty to take any action regarding: which users gain access to the Software; what content you access via the Software; what effects the Software or the content accessed therein may have on you; how you may interpret or use the content accessed via the Software; or what actions you may take as a result of having been exposed to the Software. You release Ludia from all liability for you having acquired or not acquired content through the Software. The Software may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Ludia makes no representations concerning any content contained in or accessed through the Software, and Ludia will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Software. The Software and any Ludia services related thereto are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Software will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
For information regarding Ludia’s treatment of personal data, please review Ludia’s current Privacy Policy located at https://www.ludia.com/privacy-policy.
You are not required to create an account to play our games. However, as a condition to using some aspects of the Software, you may be required to create a User ID. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Ludia reserves the right to refuse registration of or cancel a User ID in its discretion.
You will indemnify and hold harmless Ludia, its parents, subsidiaries, affiliates, officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your access and use of the Software, (ii) your violation of this Agreement, and/or (iii) the infringement by you or any third party using your User ID of any intellectual property or other right of any person or entity.
To the maximum extent permitted by law, in no event will Ludia or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Software or the subject matter of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of fees paid by you therefore or $100; (ii) for any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond Ludia’s reasonable control (including without limitation any damage you may suffer by using the Software while operating a motor vehicle, in violation of this agreement).
Some Ludia games may offer a monthly subscription plan and a free trial subscription. If you purchase a subscription plan, the subscription fee will be charged to your iTunes account if you use an Apple device, and through your Google Play account if you are an Android user. Subscription plan prices may vary depending on your country. Monthly subscriptions will be charged to you at the beginning of your subscription period and will be charged each month thereafter at the then-current rate unless you cancel.
When you purchase a Subscription Plan, you acknowledge that your subscription will automatically renew each month unless you cancel it or disable automatic renewal at least 24 hours before the end of the current monthly subscription period. Unless you cancel your subscription, the payment method you provided will be automatically charged each month the then-applicable monthly subscription fee, within 24 hours of the calendar day corresponding to the date of commencement of your subscription. If your monthly subscription began on a day not contained in a given month, we may charge you on such other day in the applicable month as we deem appropriate. For example, if your subscription started on January 31st, your next payment date is likely to be February 28th and you will be billed on that date. Your Subscription Plan will continue until cancelled by you or we terminate access to or use of the Software in accordance with this Agreement.
We offer free trial subscriptions during which you may use the Services for a limited trial period without payment. Free trial subscriptions are only available to new subscribers. Unless you cancel your free subscription prior to the end of your trial, we (or our third-party payment processor) will begin charging you the applicable subscription fee, whether on a recurring basis for a monthly or annual subscription or a one-time basis for a lifetime subscription, until you cancel your subscription. Instructions for cancellation are stated below in the section titled “Cancellation of Subscription” below. If you purchase a subscription plan before your free trial period expires, any unused portion of the free trial period will be forfeited.
You may cancel your subscription at any time. Unless an exception applies under applicable law in your jurisdiction, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. To cancel, you can turn off automatic renewals in the Account Settings of the Software. If you use the Software on an Apple device, you can also cancel through the Settings on your device. Go to Settings, tap iTunes & App Store, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. If you are an Android user, open the Google Play Store on your device, tap your account icon and then ‘Payment and Subscriptions’. Tap the subscription to cancel, and then tap Cancel.
We may terminate access to or use of the Software, at our sole discretion, at any time and without prior notice. All fees are non-refundable, except as required by applicable law in your jurisdiction.
The price of subscriptions is subject to change at any time without notice. If we change the price of your monthly or annual subscription, you have the option to cancel at any time before the new price is applied.
In the Software and through means provided by us, users 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 runes, all for use in Ludia 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 authorized partners through the Software or through means provided by us.
Ludia may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Ludia will have no liability to you or any third party in the event that Ludia exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Software or though means provided by us. Other than as expressly authorized, you will not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Ludia, another user, or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY AND VIRTUAL ITEMS MADE THROUGH THE SOFTWARE OR MEANS PROVIDED BY US ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.
The provision of Virtual Items for use in Ludia games is a service provided by Ludia that commences immediately upon acceptance by Ludia of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using a User ID registered to you. Ludia may revise the pricing for the goods and services offered through the Software or means provided by us at any time. You acknowledge that Ludia 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 a User ID is closed, whether such closure was voluntary or involuntary.
When you purchase Virtual Items or Merchandise from an authorized third party, Ludia is not a party to the transaction and your purchase will be governed by the third party’s payment and refund terms and conditions. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of the third party when you make a purchase through such third party.
The Software may contain links to third party websites or services that are not owned or controlled by Ludia. When you access third party websites or services, you do so at your own risk. Ludia has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or services. In addition, Ludia will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Software, you expressly relieve and hold harmless Ludia from any and all liability arising from your use of any third party website or service.
Jurassic World Alive: NBCUniversal’s content and/or services are integrated into Jurassic World Alive and are required for functionality of the App. When accessing Jurassic World Alive, you also acknowledge and accept NBCUniversal’s privacy policy.
If you have enabled GPS, geo-location or other location-based features on any App(s) or feature(s), you acknowledge that your device location will be tracked consistent with the Privacy Policy. However, you can terminate device location tracking by us by uninstalling the App or removing permission to track location in your device settings. The location-based services offered in connection with our App are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location-based / geo-location services are used at your own risk and location data may not be accurate.
This Agreement will remain in full force and effect while you use the Software. You may terminate your use of the Software at any time by uninstalling it from your device. If you have an automatically renewing subscription, please follow the instructions in the “Cancellation of Subscription” section above to cancel your subscription. Ludia may terminate or suspend your access to the Software, for any reason or for no reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Software. Any fees paid hereunder are non-refundable, unless provided by applicable law in your jurisdiction. Refund requests should be directed to the App Provider. Apple’s terms can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html; Google’s terms can be found at https://play.google.com/intl/en-us_us/about/play-terms/index.html.
Upon termination of your User ID, your right to use the Software, access will immediately cease. Sections 4, 7, 10 and 11 will survive termination.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Ludia representative. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications provided by Ludia under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Ludia’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Ludia may transfer, assign or delegate this Agreement and its rights and obligations without consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Both parties agree that this Agreement, including the incorporated Privacy Policy, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Please read this section carefully as it affects your rights and limits the manner in which we can seek relief from each other. This Section 18 only applies to you if you are a resident of the United States or if you commence any action against Ludia in the United States.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Unless as stated elsewhere in this Agreement, Disputes will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of law provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” you agree that the New York state and U.S. federal courts located in New York County will have exclusive jurisdiction over all Disputes that you and Ludia are not required to arbitrate and you agree to the venue of such courts.
If you are a resident of Quebec, this Agreement and any Dispute of any sort that might arise between you and Ludia shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Ludia will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Ludia, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Ludia’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.
Ludia has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Ludia’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Ludia’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Software infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Ludia’s policy:
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Ludia may send a copy of the counter-notice to the original complaining party informing that person that Ludia may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Ludia’s discretion.
Please contact Ludia’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Ludia Inc.
Legal Dept.
410 St-Nicolas Street, Suite 400
Montreal (QC), H2Y 2P5
Canada
legal@ludia.com
A. Accessing App from App Store. The following terms apply to any Software accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Software may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
If you have any questions, complaints, or claims with respect to the Software, you may contact us at Ludia Inc., 410 St-Nicolas Street, Suite 400, Montreal, Qc, Canada, H2Y 2P5 or support@ludia.com.