This is the legal agreement between you (“You, Your”) and Texas PFCG. (“We, Us, Our”), regarding our products (“Game”, “Games”) – and its support - that You have downloaded. PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE USING OUR GAMES. BY PLAYING OUR GAMES, YOU REPRESENT AND WARANTY THAT YOU AGREE WITH THESE TERMS AND UNDERTAKE TO FULLY COMPLY WITH IT.
ELIGIBILITY AND REGISTRATION
1. Our Games is available by accessing a third-party platform marketplace (“App Store”), so in order to play our Games You should also agree with The App Store’s applicable terms and conditions.
2. You must be at least 13 years old (or other minimum age as applicable in the jurisdiction You live in) to play our Games. If You are not legally considered an adult in your jurisdiction, You must ask one of your parents (or legal guardians) to read these Terms and accept them on your behalf. If You are a parent or guardian, You understand and agree that You will be responsible for all uses of our Games by the minor under your responsibility whether or not You have authorized such uses.
3. To access some features of our Games, You may need to create an in-game account (“Game Account”). To the extent You create your Game Account through the use of a third-party account (for example, your account with Facebook or Google), We may access certain personal information that the third-party provide to Us such as your e-mail address and name to help Us create your Game Account.
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To understand how We process your personal information, see the item “Use of Personal Data” below |
4. You must provide Us only accurate, complete, and up-to-date information. You are responsible for all activities that occur under your Game Account and must not sell, rent, lease, share or provide access to your Game Account to anyone else. You must notify Us immediately if You notice any unauthorized use of your Game Account. We reserve all available legal rights and remedies to prevent unauthorized uses of our Games.
LICENSE AND RIGHTS
5. Provided that You comply with the obligations set forth in these Terms, We grant to You a limited, temporary, non-exclusive and non-transferable license to use our Games content (“Content”) exclusively to play our Games for your personal entertainment purposes. By Content We mean all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Enhancements (as defined below) and any other content within our Games. Content also includes anything generated, created, or that is otherwise developed within our Games by any user (including You) as a result of interaction with the functionality of our Games and You agree that all intellectual property rights in any such Content will vest in Us or otherwise be assigned by You to Us upon creation.
6. The cancellation of the Game Account, for any reason, implies the cancellation of the license provided herein.
7. You hereby grant to Us a non-exclusive, transferable, worldwide, royalty-free license concerning any Content that You create or obtain outside our Games and make available within our Games (“User Content”), with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing our Games and Content to You and to other users.
WE ARE NOT RESPONSIBLE FOR THE USER CONTENT IN RELATION TO ITS LEGALITY, ACCURACY, AUTHORITY, UTILITY, SOURCE RELIABILITY, AS WELL AS WE DO NOT ENDORSE ANY THIRD-PARTY OPINIONS, ADVICE, PERSPECTIVES AND EXPECTATIONS. WE DO NOT MONITOR THE CONTENT PUBLISHED BY YOU OR CHECK ALL THE INFORMATION CIRCULATING ON OUR GAMES, SO WE DO NOT HAVE CONTROL OVER THIS CONTENT. YOU ARE EXCLUSIVELY RESPONSIBLE FOR THE CONTENT THAT YOU PUBLISH ON OUR GAMES, AS WELL FOR YOUR CONDUCT IN USING OUR GAMES, EXEMPTING US FROM ALL LIABILITY FOR ANY TYPE OF CONSEQUENTIAL DAMAGE, AND GUARANTEEING TO INDEMNIFY ALL DAMAGES AND LOSSES YOU MAY CAUSE.
8. We may offer codes or product keys that can be activated in our Games. Such codes or keys must be purchased (or otherwise obtained legally) through Us or one of our authorized retailers to be valid. If You purchase any of them from a third party, We will not be responsible for addressing any resulting issues You may have.
9. Although We are not obliged to monitor the access to or the use of our Games or to review or edit any Content, We have the right to do so for the purpose of operating and publishing our Games, to ensure compliance with these Terms, to protect the health or safety of anyone that We believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with any applicable law.
10. We reserve the right to, in our sole discretion and at any time, change or remove our Games and its Content in whole or in part and even terminate the provision of our Games, without any prior communication to You and without any indemnity due.
11. You agree that any and all developments, arrangements, improvements or alterations carried out by Us on our Games, its functionalities and/or the Content, even if at Your suggestion or request, will be considered Our property, and We may freely, without limitation, adapt, improve, transform, distribute, commercialize, register, assign and license such developments, arrangements, improvements or alterations in any capacity and at Our sole discretion.
12. You acknowledge that We are free to use, modify, publish, reproduce and commercialize any comments, information, ideas, concepts, opinions, techniques and/or any other materials contained in any communication that You may send to Us, whether or not through our Games, including any suggestions, requests for improvements, recommendations or other ideas, whether or not related to the Game Content ("Feedback"). You hereby assign to Us all intellectual property rights related to the Feedbacks, free of charge, in an irrevocable, irreversible, total, perpetual and global manner, without the need for any payment, recognition, payment or indemnity. You declare and warrant that, prior to this assignment, You were the holder of all intellectual property rights and image rights over the Feedbacks and that the offering of the Feedbacks to Us, including this assignment, does not violate any third-parties’ rights.
13. OUR GAMES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. We make no warranty that our Games will meet Your requirements or be available on an uninterrupted, secure, virus-free or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of our Games.
14. You agree not to do any of the following with respect to our Games or the Game Account:
a. use it with commercial or promotional purpose, or for the benefit of any third-party or in any manner not permitted by these Terms;
b. use or provide any unauthorized third-party programs that intercept, emulate, or redirect any communication or that collect information about our Games;
c. use or provide ancillary offerings to anyone, that are not offered within our Games by Us (or the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with our Games in any way, tunneling, third-party program add-ons, and any interference with online or network play;
d. access or use it on more than one device at the same time;
e. copy, reproduce, distribute, display, mirror, frame, use it (or any of Our other materials, intellectual property, or proprietary information), attempt to reverse engineer, derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon our Games or any Content in a way that is not expressly authorized in these Terms or as permitted by applicable law;
f. sell, rent, lease, license, distribute, or otherwise transfer our Games or any Content, including participating in or operating so called “secondary markets”;
g. remove, disable, circumvent, modify, scan or test its vulnerability or breach any security or authentication measures We implement to protect the Content;
h. violate any applicable law or regulation;
i. behave in a manner which is detrimental to the enjoyment of our Games by other users as intended by Us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, creation, development, distribution or use of any unauthorized software programs to gain advantage in our Games;
j. scamming, or acting contrary to public morals or public policy;
k. upload, publish, submit or transmit any User Content or engage in any behavior that: (i) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, including “trolling;” (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, terrorism, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; (viii) harms or attempts to harm minors in any way;
l. collect or store any information that could be used to identify an individual, either itself or combined with other information, without their express permission;
m. trespass, or attempt to gain access to a property or location where You do not have permission to be or engage in any activity that may result in injury, death, property damage, nuisance or other liability;
n. impersonate or misrepresent your affiliation with any person or entity;
o. use IP proxying or other methods to mask the place of your residence, whether to circumvent geographical restrictions on our Games or the App Store or for any other purpose;
p. use our Games in any way that would affect Us adversely or reflect negatively on Us or our Games or discourage any person from using all or any portion of the features of our Games; or
q. encourage or enable anyone else to do any of these actions.
15. The performance of any of the conducts described above or contrary to the provisions of these Terms may result in (i) removal of all or part of the Content provided by You; and (ii) suspension or blocking of the Game Account.
16. To access and play our Games We may need to process some personal data from You. This data includes your name and e-mail, in case you create a Game Account; information concerning your device (as IP address and advertising ID, if any); information regarding the download of our Games (as the date and source); geolocation (as country, city and zip code); gameplay events; and player ID created by Us. For security and confidentiality reasons, We may also record Your gameplay and this data may be hosted for no longer than twelve (12) months. You may provide other personal data while You interact with Us, as – but not limited to – personal data You use to contact any support channel; or make any public comment.
17. The personal data processed will be used to measure performance, improve our Games, develop new features, and generate statistics (analytics). The personal data We process to provide our Games to You may be shared with third-parties to (i) disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) comply with any applicable laws or regulations; (iii) to protect our rights or property and other applicable third parties, including to enforce this Terms of Use.
18. You may, according to the applicable legislation, have some rights regarding your personal data. Your local laws may include the rights below. You may exercise your rights by submitting a request using our webform.
a. Confirm the existence of personal data processing;
b. Access Your personal data;
c. Update or correct your personal data;
d. Object to the processing of personal data;
e. Limit personal data processing and revoking consent;
f. Anonymization, blockage, or deletion of personal data;
g. Receive information on shared use;
h. Ask for portability and review of automated decisions, if applicable.
19. We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request. If you no longer want Us to use your information, or you otherwise want to exercise your privacy rights under applicable law, please submit a request using the webform. Some of those rights may affect the possibility to keep playing our Games, but We will let You know when this is the case.
20. If applicable, you may also make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
21. We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws.
22. Your information may be transferred to third countries so that we may process and store data in order to provide our Games to You. Please note that privacy laws vary from jurisdiction to jurisdiction, and the laws applicable in the location where your information is processed may be different from the applicable privacy laws in the country in which you are a resident. We are committed to ensuring your information is protected and we take reasonable steps to assess the risks of such international transfers and implement appropriate safeguards.
23. We implement appropriate security measures to protect the security of your information. While we take reasonable precautions against possible security breaches, no website or internet transmission is completely secure. Although we strive to protect your personal information, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. It is important that you protect and maintain your Game Account, if any, secure and that you immediately tell Us of any unauthorized use of your account.
24. We may offer certain upgrades and tools within our games that You can buy with real world currency in-game currency and other digital add-on items that may improve your game experience in some way (“Enhancements”). Except as otherwise communicated to You within our Games, Enhancements are not transferable. Your purchase will be made through the special segment in the App Store or through other platforms We make available to You, as applicable (“Transaction”). You should make sure You fully understand the agreement that binds your Transaction, including any third-party payment processor’s terms and conditions applicable. There may be limits to the quantity and number of times You can purchase Enhancements, which may be communicated to You through our Games. We may, from time to time, modify, amend, or supplement our fees, billing methods and terms applicable to any purchases, and post those changes in these Terms, or in separate terms and conditions. Such modifications, amendments, supplements, or independent terms shall be effective immediately upon posting and shall be incorporated by reference into these Terms. If any change is unacceptable to You, You may terminate the use of your Game Account at any time.
25. Enhancements License. ENHANCEMENTS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL ENHANCEMENTS AND ANY GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR IN PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Provided You comply with these Terms and the App Store agreement(s), We grant You the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right to use any Enhancements You gain access to, whether purchased or otherwise regularly obtained, solely in connection with Your use of our Games and for no other purpose. We may cancel, revoke, or otherwise prevent the use of Enhancements if We suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Enhancements to your Account.
26. Changes to Enhancements. Except as otherwise prohibited by applicable law, We, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Enhancements, including your ability to access or use it, without notice or liability to You. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR ENHANCEMENTS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF ENHANCEMENTS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO OUR GAMES THAT RESULT IN THE VALUE OF ENHANCEMENTS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THESE TERMS.
27. Free Trial. From time to time, We may offer a free trial for a subscription. You may need to opt-into a subscription in order to access it during the trial period. If so, and subject to applicable law, You will have the right to opt-out at any time during the trial period until at least 24 hours prior to the end of the trial period and You will be automatically charged after the trial period unless You opt-out at least 24 hours prior to the end of your trial period. Additional terms and conditions may apply with respect to free trials which will be communicated to You by Us.
28. These Terms and any action related thereto will be governed by the laws and jurisdiction of the Northern District Court of the State of California, USA.
29. If You have any questions, feedbacks and issues, please contact Us at texas@texaspfcg.com