1. These Terms Of Service Are A Legal Agreement

These Terms of Service (“Terms”) govern the relationship between you and Peoplefun, Inc. (“Peoplefun”) regarding your use of Peoplefun’s games and related services (“Games”). Use of the Games is also governed by Peoplefun’s Privacy Policy (“Privacy Policy”). The Privacy Policy, which is incorporated herein by reference, describes how Peoplefun collects and uses your information and how you can use the Games to share information with others.

By creating an account with Peoplefun or accessing or using the Games, you accept and agree to be bound by these Terms and consent to the collection, use and storage of your information as outlined in Peoplefun’s Privacy Policy.

If, at any time, you do not agree to any portion of the then-current version of these Terms, the Privacy Policy, or any other Peoplefun policy, rules or codes of conduct relating to your use of the Games, you must immediately stop using the Games and your license to use the Games shall immediately terminate.

1.1 Peoplefun Can Revise These Terms And The Privacy Policy

Peoplefun reserves the right, at our discretion, to change, add or remove portions of these Terms and/or the Privacy Policy at any time by posting the amended Terms or Privacy Policy at www.Peoplefun.com or in the Games. You may be given notice, such as an e-mail message or messaging within the Games, of any changes. You will be deemed to have accepted such changes by continuing to use any of the Games. Except as otherwise stated, all amended terms shall automatically be effective 30 days after initially posted. No amendment to the Terms or Privacy Policy shall apply to any dispute of which Peoplefun had actual notice before the date of the amendment.

This agreement may not be otherwise amended except in a writing hand signed by you and Peoplefun. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.

1.2 You Have A Limited License To Play The Games

Subject to your agreement and continuing compliance with these Terms, Peoplefun grants you a non-exclusive, non-transferable, revocable limited license to access and use the Games using a Peoplefun supported web browser or mobile device solely for non-commercial entertainment purposes. You agree not to use the Games for any other purpose.

While at times you may “earn, ” “buy, ” or “purchase” virtual items, including but not limited to virtual coins, cash, tokens, or points, for use in the Games (“Virtual Items”), you do not in fact “own” such Virtual Items. Further, the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. The Virtual Items are merely a manifestation of the Peoplefun software programs and do not constitute or reflect any actual stored value or real-world balance.

1.3. Accounts

In order to access and use the Games, you may be required to create an account with Peoplefun (an “Account”), have a valid account on the social networking service through which you connect to the Games, or have an account with an applications provider for your mobile device.

When creating or updating an Account, you may be required to provide Peoplefun with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Privacy Policy and other relevant notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to Peoplefun, and that you will update that information promptly after it changes. You understand that your user name and profile picture will be publicly available.

Peoplefun reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

You agree that you will not share the Account or the Login Information, let anyone else access your account, or do anything that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your login information, you must immediately notify Peoplefun and modify your Login Information.

You are solely responsible for maintaining the security of your Account, and you will be responsible for all uses of the Account, including purchases, whether or not authorized by you.

1.4. Accounts and How To Properly Access the Games

By accessing or using the Games, including browsing any Peoplefun website, you accept and agree to these Terms and the Privacy Policy. Further, you warrant that you are not prohibited from receiving products ofU. S.origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

You must provide all equipment and software necessary to connect to the Games, including, but not limited to, a mobile device that is suitable to connect with and use the Games in those instances where the Games operate on a mobile device.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing or using the Games.

1.5. Restrictions Apply To Your Use Of The Games

The following restrictions apply to your use of the Games:

a. You shall not create an Account or access the Games if you are under the age of 13;

b. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Games by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e. g. iTunes purchases and Facebook Credits) by minors;

c. You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;

d. You shall not create an Account or use the Games if you are a convicted sex offender;

e. You shall not have an Account or use the Games if you have previously been removed by Peoplefun or previously been banned from playing any Peoplefun game;

f. You shall not use the Games if you are located in a country embargoed by theUnited Statesor if you are on the U. S. Treasury Department’s list of Specially Designated Nationals.

g. You shall use your Account only for non-commercial purposes;

h. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;

i. You shall not use your Account to engage in any illegal conduct;

j. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Peoplefun’s written permission; and

k. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Peoplefun’s permission.

1.6. You Cannot Use the Games If You Violate the License

Any use of the Games in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.2, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE GAMES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY PEOPLEFUN GAME IS A VIOLATION OF THESE TERMS AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

a. Engage in any act that Peoplefun deems to be in conflict with the spirit or intent of the Games, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;

b. Make improper use of Peoplefun’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or

c. Use the Games, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Games or any Peoplefun game experience;

e. Use the Games in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Games or any Peoplefun game experience;

f. Without Peoplefun’s express written consent, modify or cause to be modified any files that are a part of the Games;

g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Games or any Peoplefun game environment (each a “Server”) ; or (2) the enjoyment of the Games or any Peoplefun game by any other person;

h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Games;

i. Attempt to gain access to the Games, other user’s Accounts or to the computers, Servers, or networks connected to the Games by any means other than the user interface provided by Peoplefun, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Games;

j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Peoplefun employees or customer service representatives;

m. Make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;

n. Without Peoplefun’s express written consent, use the Games or any part thereof for any commercial purpose;

o. Use the Games or any part thereof for performing in-game services in exchange for payment outside the Games

p. Use any third party software that accesses, intercepts, or otherwise collects information from or through the Games or that is in transit from or to the Games;

q. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Games;

r. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

s. Bypass any measures Peoplefun employs to restrict access to the Games;

t. Use any software, technology, or device to scrape, spider, or crawl the Games, or harvest or manipulate data available via the Games;

u. Use, facilitate, create, or maintain any connection to any unauthorized server that emulates, or attempts to emulate any part of the Games;

v. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Games, or to obtain any information from the Games using any method not expressly permitted by Peoplefun; or

w. upload or transmit or attempt to upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices.

1.7. Suspension and Termination of Access

WITHOUT LIMITING ANY OTHER REMEDIES, PEOPLEFUN MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE GAMES OR PORTIONS THEREOF IF YOU ARE, OR PEOPLEFUN SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF PORTION OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAMES, WITH OR WITHOUT NOTICE TO YOU. AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, YOU CAN LOSE YOUR USERNAME AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, VIRTUAL ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE GAMES, AND PEOPLEFUN IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

Peoplefun reserves the right to stop offering and/or supporting the Games or a particular game or part of the Games at any time either permanently or temporarily, at which point your license to use the Games or a part thereof will be automatically terminated or suspended. In such event, Peoplefun shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Games.

You may cancel any Account registered to you at any time by following the instructions at Peoplefun’s support website

1.8. The Games and Everything That Make Up the Games Belong to Peoplefun

The Games (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, character profile information, recordings of games played using a Peoplefun game client, and the Peoplefun game clients and server software) are copyrighted works owned by Peoplefun Inc. Peoplefun reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Games.

You agree that you have no right or title in or to any content that appears in the Games, including without limitation the Virtual Items appearing or originating in any Peoplefun game, whether “earned” in a game or “purchased” from Peoplefun, or any other attributes associated with an Account.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT OR ANY VIRTUAL ITEMS, 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 PEOPLEFUN. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH PEOPLEFUN WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

1.9 User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Peoplefun game client or the Games, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code. Further, you acknowledge and agree that any of your personal information within such content will at all times be processed by Peoplefun in accordance with its Privacy Policy.

You are entirely responsible for all User Content you post or otherwise transmit via the Games. Peoplefun assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Games for inappropriate or illegal content or conduct.

We have no obligation to monitor User Content, although Peoplefun may choose at any time, in its sole discretion, to monitor the Games and to edit, refuse to post, remove, or record and store any User Content.

You hereby grant Peoplefun a perpetual, irrevocable, worldwide, fully paid-up, royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to reproduce, distribute, display, perform, create derivative works, transmit, make, use, sell, and otherwise use, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content..

2. Third Party Advertising

You understand that the Games may feature advertisements from Peoplefun or third parties.

Peoplefun may provide links to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Games and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Peoplefun makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from Games, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Peoplefun and may collect data or solicit personal information from you. Peoplefun is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Peoplefun of these linked sites.

3. NO WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE GAMES IS AT YOUR SOLE RISK. THE GAMES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED) ARE HEREBY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, NEITHER PEOPLEFUN NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “PEOPLEFUN PARTIES”) WARRANT THAT THE GAMES WILL BE UNINTERRUPTED OR ERROR-FREE.

4. WAIVER AND LIMITATIONS OF LIABILITY

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE PEOPLEFUN PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PEOPLEFUN IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PEOPLEFUN ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PEOPLEFUN IS TO STOP USING THE GAMES AND TO CANCEL YOUR ACCOUNT.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE GAMES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) AND THAT THE PEOPLEFUN PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE GAMES.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PEOPLEFUN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PEOPLEFUN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE GAMES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE GAMES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PEOPLEFUN.

5. You Agree to Indemnify Peoplefun for Your Bad Acts

You agree to indemnify, save, and hold Peoplefun, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including without limitation legal fees and expenses, arising out of your use or misuse of the Games, or any violation or breach by you of these Terms. Peoplefun reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Peoplefun, and you agree to cooperate with Peoplefun’s defense of these claims. Peoplefun will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Games.

6. Dispute Resolution

You and Peoplefun agree to resolve any claim or controversy at law or equity that arises out of this Agreement or the Games (a “Claim”) in accordance with one of the subsections below.

This Agreement and any dispute arising out of or related to it or the Games shall be governed in all respects by the laws of the State of Texas, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Peoplefun must be resolved exclusively by a state or federal court located in Dallas County, Texas, except as otherwise agreed by the parties or for the Arbitration paragraph below. You agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims or disputes.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

All claims you bring against Peoplefun must be resolved in accordance with this Section 6.0.

7. GENERAL PROVISIONS

7.1. Assignment

Peoplefun may assign or delegate these Terms and/or the Privacy Policy to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or Privacy Policy without Peoplefun’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

7.2. Severability

You and Peoplefun agree that if any portion of these Terms or the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

10.3. Entire Agreement

These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including Peoplefun’s Privacy Policy), contain the entire understanding of you and Peoplefun, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.

10.4. No Waiver

The failure of Peoplefun to require or enforce strict performance by you of any provision of these Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Peoplefun’s right to assert or rely upon any such provision or right in that or any other instance.

10.5. Notices

We may notify you via postings on www.Peoplefun.com, and via e-mail or any other communications means in your Account. If you are a user in the United States, all notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to:

Peoplefun Inc.
990 S. Sherman
Richardson, TX 75081

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

 

Last updated September 6, 2012