This Terms of Service (“Terms”) is an agreement between you and Prettybusy and/or
its affiliates(“Prettybusy”, “we”, “us”, or “our”) regarding your use of
Prettybusy games, websites and related services (the “Services”). These Terms
includes our policy for acceptable use of the Services and governs your rights,
obligations and restrictions regarding your use of the Services. You are only
authorized to use the Services if you agree to abide by all applicable laws and
this Terms. These Terms include the Prettybusy Privacy Policy.
Prettybusy reserves the right to modify these Terms, at its sole
discretion, from time to time by posting the modified version of Terms. Please
periodically review the controlling version of these Terms. You will be deemed
to have agreed to any such modifications by continuing to use the Services
after any such modification is posted. It is therefore important that you
review this Terms regularly to ensure you are updated as to any changes. If you
do not agree with the modifications, please discontinue use of the Services
immediately.
Before accessing or using the Services, including browsing any Prettybusy
website or accessing a game, you must agree to these Terms and Privacy Policy.
You may also be required to register an account on the Services (an “Account”).
By registering for an Account or otherwise using the Services, you represent
that you are age 13 or older and you understand and agree to these Terms. 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 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.
- LICENSE
Prettybusy owns, has licensed, or otherwise has the right to use all of
the content that appears in the Prettybusy Services, including, without
limitation, an Account, Virtual Items (as defined below).
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS
IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT
OF PRETTYBUSY.
Subject to your agreement and continuing compliance with these Terms and
any other relevant our policies, we grant you a non-exclusive,
non-transferable, non-sublicensable, revocable limited license subject to the
limitations below to access and use the Services for your own non-commercial
entertainment purposes. You agree not to use the Services for any other
purpose.
2.
SERVICE
Prettybusy provides users with access to interactive software products
that, among other things, enable multiplayer gaming experiences on mobile
devices. The Services may be made available to you directly, or through third
party services, such as App Store and Google Play. These third party services
may require you to download and install software and create an Account before
downloading the Services. In addition, you may be required to register an
Account with third party services, such as Game Center or Google+ and sign into
that Account in order to access some portions and features of the Services. If
you choose to create and utilize an Account, you are responsible for
maintaining the confidentiality of the password and username, and you are fully
and solely responsible for all activities that occur under your password or
username. Please immediately notify us of any unauthorized use of your password
or username or any other breach of security by contacting us at our Customer
Support Center through in-game setting or option menu. If you interact with us
or with third-party service providers, and in the course of that interaction
you provide to us (or the applicable third party) information about you,
including contact information, biographical information, and credit card or
other payment information, you agree that all information that you provide will
be accurate, complete, and current. You will review all policies and agreements
applicable to use of third party services.
3.
Guest Account
If you use the Prettybusy Service without a Game Center or Google Plus
Account, we will create and assign to your device an identifier that is similar
to an account number (“Guest Accounts”). We will use the Guest Account
information for providing customer supports.
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT
USE VIRTUAL ITEMS OR VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU CHANGE
YOUR MOBILE DEVICE WITHOUT CONNECTING TO A GAME CENTER AND GOOGLE PLUS ACCOUNT.
4.
SUSPENSION AND
TERMINATION OF ACCOUNT AND SERVICES
WITHOUT LIMITING ANY OTHER REMEDIES, PRETTYBUSY MAY LIMIT, SUSPEND,
TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO PRETTYBUSY SERVICES OR
PORTIONS THEREOF IF YOU ARE, OR PRETTYBUSY 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 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 SERVICE, AND PRETTYBUSY 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 SERVICE 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
SERVICE 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.
PRETTYBUSY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN
INACTIVE FOR 180 DAYS.
Prettybusy reserves the right to stop offering and/or supporting the
Services or a particular game or part of the Services at any time, at which
point your license to use the Services or a part thereof will be automatically
terminated. In such event, Prettybusy shall not be required to provide refunds,
benefits or other compensation to users in connection with such discontinued
Services. Termination of your Account can include disabling your access to the
Services or any part thereof including any content you submitted or others
submitted.
5.
PROHIBITED
CONDUCT/REPRESENTATIONS AND WARRANTIES
You represent and warrant that you will not, in connection with your use
of the Services:
- Violate
any law (including without limitation laws related to torts, contracts,
patents, trademarks, trade secrets, copyrights, defamation, obscenity,
pornography, rights of publicity or other rights) or encourage or provide
instructions to another to do so;
- Act
in a manner that negatively affects other users’ ability to use the
Applications, including without limitation by engaging in conduct that is
harmful, threatening, abusive, inflammatory, intimidating, violent or
encouraging of violence, harassing, vulgar, stalking, invasive of
another’s privacy, or racially, ethnically, or otherwise objectionable;
- Post
any User Content containing unsolicited or unauthorized advertising,
promotional materials, spam, junk mail, chain letters, pyramid schemes or
any other form of unauthorized solicitation;
- Post
any User Content containing sweepstakes, contests, or lotteries, or
otherwise related to gambling;
- Post
any User Content containing copyrighted materials, or materials protected
by other intellectual property laws, that you do not own or have a license
to;
- Make
misleading statements or misrepresent any fact (including without
limitation your identity);
- Institute,
assist, or become involved in any type of attack, including without
limitation distribution of viruses or codes, denial of service attacks
upon the Service, or other attempts to disrupt the Service or any other
person’s use or enjoyment of the Service.
- Use
any computer or device that is running any application, software or
technology that is not expressly authorized by Prettybusy for use and that
enables cheating or accomplishing game tasks that cannot be accomplished
without the use of such an application, software or technology, including
without limitation automation software (bots), hacks, mods or other
devices for enabling the interoperability of unauthorized third-party
software that modifies the gaming experience;
- Exceed
your authorized access to any portion of the Applications or any database,
computer or device;
- Disrupt,
overburden, or aid or assist in the disruption or overburdening of any
computer or server (“Server”) used to offer or support the Service or any
Prettybusy game environment;
- Remove,
delete, alter, circumvent, avoid or bypass any watermark or digital rights
management technology;
- Collect
or store personal data about anyone;
- Sell,
rent or give away your Account, create an Account using a false identify
or information, or on behalf of someone other than yourself;
- Use
the Service if you have previously been removed by Prettybusy or banned
from using Service;
- Modify
any part of the Applications;
- Obtain
or attempt to access or otherwise obtain any Content or information
through any means not intentionally made available or provided for through
the Applications;
- Exploit
errors in design, features which are not documented and/or bugs to gain
access that would otherwise not be available;
Any conduct by you in violation of the foregoing prohibitions may result
in the suspension or termination of your Account and your access to the
Services.
6.
Intellectual Property
Prettybusy and our associated logos and names are our trademarks and/or
service marks. Other trademarks, service marks, names and logos used on or
through the Services, are the trademarks, service marks or logos of their
respective owners. You are granted no right or license with respect to any of
the aforesaid trademarks, service marks or logos.
Certain materials available on or through the Services are our Works. Our
Works may be protected by copyright, trademark, patent, trade secret and/or
other laws, and we reserve and retain all rights in our Works and the
Applications. We hereby grant you a royalty-free, limited, revocable,
non-sublicensable, and non-exclusive license to reproduce our Works solely for
your personal use in connection with using the Applications. You may not
otherwise reproduce (other than incidental reproduction required to run the
Application on your device), distribute, communicate to the public, make
available, adapt, publicly perform, or publicly display the Works or any
adaptations thereof unless expressly set forth herein. Such conduct would,
among other things, exceed the scope of your license and constitute
infringement of our proprietary rights.
As part of this license, you will not:
- Copy
the Application(s) except a single backup copy;
- Sell,
rent, lease, license, distribute or otherwise transfer or make the
Application(s)available to any other person, in whole or in part, or use
the Application(s)or any part thereof in any commercial context, including
but not limited to use on a commercial website or as part of a commercial
service;
- Reverse
engineer, derive source code, modify, decompile, disassemble, or create
derivative works based on the Application(s) or any portion thereof, in
whole or in part;
- Remove,
disable or circumvent any proprietary notices or labels contained on or
within the Application(s) or any portion thereof; or
- Export
or re-export the Application(s) or any copy or adaptation in violation of
any applicable export restrictions or other laws or regulations.
The above described license is conditioned on your compliance with these
Terms, and shall terminate upon the earlier of: (a) your breach of these Terms;
or (b) our termination of these Terms. If you breach any provision of these
Terms, any license you have obtained will be automatically rescinded and
terminated. In order to protect our rights some Content made available on the
Applications may contain watermarks and/or be controlled by other digital
rights management technologies, which will restrict how you may access and use
the Content. You must not remove, delete, or alter any watermark or other
digital rights management technology or other information. Such conduct is
prohibited by law.
When you download or otherwise copy our Applications and Works, you are
not buying or being gifted copies thereof. Instead, you are licensing a
limited, revocable, non-sublicensable, and non-exclusive right to access and
use the Application for personal, non-commercial use, subject to specific terms
and conditions (the “Content License”). Under this Content License you may not
thereafter reproduce, distribute, communicate to the public, make available,
adapt, publicly perform, or publicly display the Applications and Works or any
adaptations thereof unless expressly set forth herein. Such conduct would
exceed the scope of your Content License and constitute copyright infringement.
At the expiration of your Content License or the termination of these Terms,
you will delete or otherwise dispose of all copies of Applications and Works in
your possession.
7.
VIRTUAL ITEMS
Our Services may include (a) virtual currency, including but not limited
to coins, gems, cash, tokens, or points, all for use in the Services; (b)
virtual in-game items; or (c) certain in-game benefits (collectively, “Virtual
Items”). You may earn or purchase Virtual Items for real money and/or other
credits.
You acknowledge and agree that all sales of Virtual Items are final and
non-refundable. The purchase of any Virtual Item is merely the purchase of a
limited personal revocable license to use the Virtual Item exclusively in the
applicable Services and does not transfer ownership of that Virtual Item to
you. This license is personal to you and cannot be sold, transferred, assigned,
gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not
recognize any purported sales, transfers, assignments, gifts, trades or
sublicenses of Virtual Items, whether for “real money,” goods or any other
exchange outside of the Services. Any such transfer or attempted transfer is
prohibited and void, and may subject you to a termination of your account, a
lifetime ban from our products and services, and/or legal action.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL ITEMS HAVE NO REAL WORLD VALUE AND
CANNOT BE REDEEMED FOR ACTUAL CURRENCY, GOODS OR OTHER ITEMS OF MONETARY VALUE,
INCLUDING IN THE EVENT THAT YOU HAVE UNUSED VIRTUAL ITEMS REMAINING IN YOUR
ACCOUNT AT THE TIME YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY
OR NOT.
We reserve the right to control, regulate, change or remove any Virtual
Items in our sole discretion and without any liability to you. We reserve the
right to charge fees for the right to access or use Virtual Items, and we may
revise the perceived value or pricing for any Virtual Items. We may also decide
to distribute Virtual Items without charge, at our sole discretion.
8.
PURCHASES / PAYMENTS
/ REFUNDS
We associate ourselves with certain Services, including, without
limitation, for the download of Services, and the purchase of Virtual Items.
Such products or services will be made available for purchase on a third party
store used by us (such as Google Play or App Store). Certain Services allow you
to purchase Virtual Items within the Services. Such purchases may be made
available in both Services which you must purchase to download as well as
Services which are free to download.
You are responsible for all third party charges, including but not
limited to the internet connection, and mobile communication charges, that you
may incur for accessing or using our Services. Prices for all products and
services exclude all applicable taxes and telecommunication charges, unless
otherwise indicated. To the extent permissible by law, you agree to be
responsible for any such applicable taxes and telecommunication charges. Your
purchase of any Services, or Virtual Items or other content through the
Services constitutes your representation and warranty that you are of legal age
to form a binding contract, and if not of legal age that you have placed such
order with the permission of a parent or legal guardian, and that you are not a
person barred from using or receiving the Services by any local, state, federal
or international law.
We assume no liability for purchaser erro
