Pocket Party Games LLC

Terms of Use

 

Date: June 3rd, 2023

 

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING ANY OF OUR GAMES OR SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. 

 

Welcome and thank you for using a service provided by Pocket Party Games LLC or its subsidiaries or affiliates (“PPG,” “we,” “us,” or “our”). These Terms of Use are a legally binding agreement between you and PPG and govern your use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).

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Certain aspects of the Service may be subject to additional terms and conditions, which may include, among other things, age requirements, codes of conduct, and in-app payment or subscription terms (collectively, “Additional Terms”). When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.

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By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms and acknowledge our collection and use of your information as described in our Privacy Policy applicable to the Service. 

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ADDITIONAL TERMS, DO NOT ACCESS OR USE THE SERVICE. 

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1. Changes to these Terms

We reserve the right to modify these Terms, from time to time, at our sole discretion. You agree that we may notify you of modified terms or policies by posting them on the Service, and agree that your continued use of the Service after such notice constitutes your agreement to the modified terms, which will govern your ongoing use of the Service. Thus, you should review the posted Terms of Use and applicable Additional Terms each time you use the Service. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available.

 

2. Your Representations
By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you have sufficient legal capacity to enter into this Agreement or, if you lack such capacity (for instance, if you are a minor), that you have obtained parental or guardian consent to do so. You represent and warrant that you have read, understand, and agree to abide by these Terms and any applicable Additional Terms, and that you have read and understand the data collection and use practices set forth in the Privacy Policy.

 

3. Use of Our Services

PPG provides mobile games for your entertainment. These games are designed to be mobile, social, and leverage technology to deliver fun experiences. PPG grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Service for your personal, non-commercial use solely as provided by these Terms and as expressly permitted by the features and functionality of the Service, subject to your complete compliance with these Terms of Use and all applicable Additional Terms. You must be at least 13 years old to access or use our Services. If you are under the age of 18, you affirm that you have obtained parental consent to use our games.

 

2. Intellectual Property

All intellectual property rights related to our games, including but not limited to graphics, designs, software code, and trademarks, are owned or licensed by Pocket Party Games LLC. You may not copy, modify, distribute, sell, or exploit any part of our games without our explicit written consent.

 

3. Mobile Devices
You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur while using our games or services.

 

4. Paid Services
Certain aspects of the Service may require payments. If you use those aspects of the Service, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. PPG may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific PPG entity identified by the aspect of the Service used to make the purchase. All payment transactions are administered by a third-party payment processor or third-party store (for example, Apple App Store). PPG expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third party’s handling of the transaction. PPG is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.

All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Unless otherwise specified, subscriptions may renew automatically for up to the initial subscription term at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of the Service you used to set up your subscription unless another cancellation method is specified in applicable Additional Terms.

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The name and contact information of the service provider is set forth herein in conformance with Cal. Civ. Code § 1789.3. If you are a California resident, you may report any complaints to the Consumer Information Division of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

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5. International Use
We make no representation that every aspect of our Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Service, you agree that:

1. you do so on your own initiative and at your own risk;

2. you will not use the Service if you are prohibited from receiving products, services, or software originating from the United States;

3. you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and

4. you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside.

If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control those specific terms.

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6. User Conduct

You agree to use our games in compliance with applicable laws and regulations. You may not engage in any activity that disrupts or interferes with the functioning of our games, including but not limited to hacking, transmitting viruses, or engaging in any form of cheating or misconduct.  You are responsible for any content you submit or share through our games, ensuring it does not infringe upon the rights of others or violate any laws.

 

7. Content Appropriateness

The content, including but not limited to text, images, and gameplay elements, provided within our games is intended solely for entertainment purposes. While we strive to maintain the highest levels of accuracy and correctness, we make no warranties or representations of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability, or availability of the content presented in our games.

 

We make every reasonable effort to ensure that our content is age-appropriate and respectful to all users. However, interpretation of content can be subjective and, as such, some users might find certain elements of our games to be offensive, inappropriate, or otherwise distasteful. Despite our best efforts, we cannot guarantee that all content will align with every individual user's taste or sensibilities.

 

If you are particularly sensitive about content, please consider this warning before choosing to use our games. We appreciate the diverse viewpoints and sensitivities of our user base but remind you that usage of our games is entirely at your own risk.

 

By continuing to use our games, you acknowledge and agree that any reliance you place on such information is strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our games.

 

8. Artificial Intelligence (AI) technology

We strive to create innovative and engaging gaming experiences. Some of our games may incorporate Artificial Intelligence (AI) technology to generate content, images, and gameplay elements. While we make reasonable efforts to guide AI-generated content to be safe, appropriate, and enjoyable, there is a possibility that it may not always meet these expectations.

 

We understand the importance of creating games that are suitable for players of all ages. Therefore, we take great care in designing and developing our games to ensure that the content and gameplay align with our commitment to providing a fun and inclusive experience for everyone.

 

However, due to the dynamic and evolving nature of AI, there may be instances where the user or AI-generated content or gameplay does not fully meet our intended guidelines. We continuously strive to enhance and refine our AI systems to optimize the user experience and maintain appropriateness.

 

If you have any questions or concerns about the appropriateness of any content in our games, please contact us at support@pocketparty.games. 

 

9. Content Filters

We are committed to delivering an exceptional gaming experience that aligns with our users' expectations. To ensure that our games offer content suitable for diverse audiences, many of our games include content filters. These filters are designed to assist in guiding the content and gameplay to meet individual preferences and expectations.

 

We encourage all users to utilize these content filters whenever available to customize their gaming experience and ensure it aligns with their desired level of appropriateness. By utilizing these features, you can enhance your gaming experience by tailoring the content to your preferences and ensuring a more enjoyable time while playing our games.

 

We are dedicated to providing a safe and enjoyable environment for all our users, and the use of content filters can contribute significantly to achieving this goal. By leveraging these features, you can have greater control over the content presented in our games, allowing for a personalized and engaging experience that suits your preferences.

 

10. User & AI Generated Content

We value the participation and creativity of our users, and we encourage you to enjoy the experience of creating and sharing user-generated content within the boundaries of our guidelines. By doing so, we can ensure a positive and enjoyable environment for all members of our gaming community.

 

While we strive to maintain an inclusive and enjoyable environment for all users, there may be instances where some content is deemed inappropriate and requires action on our part. In such cases, we reserve the right to remove content or restrict user access, at our sole discretion, without providing refunds for any purchases made.

 

Thank you for understanding our commitment to maintaining appropriateness within our games. We appreciate your cooperation and continued support as we work together to create a safe and engaging space for everyone.

 

11. Monitoring GamePlay

We encourage all users, especially parents, and guardians, to actively participate in monitoring and supervising gameplay to ensure it aligns with their preferences and values. If you encounter any content that you find inappropriate or have any concerns, please do not hesitate to contact us at support@pocketparty.games. We appreciate your feedback and take it seriously in our ongoing efforts to provide the best gaming experience possible.

 

Please note that while we make every effort to guide our content and gameplay to be appropriate for all ages, it is ultimately the responsibility of the users and their caregivers to determine what is suitable for their individual needs and preferences.

 

12. Privacy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using our games, you consent to the collection and use of your information as described in the Privacy Policy.

 

13. Termination

Pocket Party Games reserves the right to terminate or suspend your access to our games at any time, without prior notice or liability, for any reason, including violation of these terms. No refunds will be given for terminated or suspended access. 

 

14. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS” AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PPG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PPG DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

PPG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY OR OTHERWISE. 

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PPG MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO FROM THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND PPG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

15. Limitation of Liability

PPG DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT WILL PPG’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO PPG IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF PPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

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16. Indemnity
You agree to indemnify and hold harmless PPG and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.

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17. Governing Law & Venue

This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles. Any dispute shall be brought in the appropriate state or federal court located in Los Angeles County, California; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California for the adjudication of all non-arbitral claims.

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18. No Waiver
No failure or delay by PPG in exercising its rights under this Agreement will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.

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19. Severability
If any portion of this Agreement shall be unlawful, void, or for any reason unenforceable, then that portion shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions or portions thereof.

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20. Survival
Any provision herein which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.

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21. Entire Agreement
This Agreement, including any applicable Additional Terms, is the entire agreement between the parties relating to the matters contained herein.

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22. Accessibility
We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at support@pocketparty.games. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including your email address and phone number. Thank you for helping us make your online experience more enjoyable.

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23. Contact Us
If you have any questions or concerns regarding these Terms of Use, please contact us at support@pocketparty.games.

 

By accessing or using our games, you acknowledge that you have read, understood, and agreed to these Terms of Use. 

 

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

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Enjoy your journey into the realm of Pocket Party Games!

 

Last updated: June 3rd, 2023