Last Revised: September 20, 2018.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE APPS.
If you have not reached the age of majority in your jurisdiction, you must have a parent or legal guardian read and accept these Terms on your behalf and take full responsibility for compliance with these Terms.
By installing, downloading, accessing or otherwise using a Peachy Games App, you acknowledge that:
(1) You are at least 18 years of age or any older legal age required to form a contract in your jurisdiction;
(2) You have the right, authority and legal capacity to enter into this agreement;
(3) You have read, understood and agree to be bound by these Terms with respect to yourself and any minor child authorized by you.
Your agreement with us regarding compliance with these Terms becomes effective immediately upon installing or otherwise using the Apps.
Although we may attempt to notify you when major changes are made to these Terms, you acknowledge that it is your responsibility to review these Terms from time to time at http://www.peachygamesllc.com/terms.htm and to familiarize yourself with any changes. Any changes we make will be effective immediately upon our making such changes, and will apply to disputes arising under the Terms from the date of posting forward. Your continued use of the Apps after a change has been made to the Terms will signify your acceptance of the changes to the Terms. If you object to any such changes, your sole recourse will be to stop using the Apps.
You may not use the Apps in any way that is for commercial purposes, is unlawful , or harms us or any other person or entity.
Content. Our Apps contain a variety of content including, but not limited to: (i) information, photographs, graphics, illustrations, characters, sounds, audio clips, text, data, files, images, scripts, designs, button icons, pictures, software, interactive features, the “look and feel” of the Apps, and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities Peachy Games; and (iii) other forms of intellectual property (all of the foregoing, collectively “ Content ”).
Ownership. The Apps (including past, present and future versions), and the Content are owned and controlled by Peachy Games. All title, ownership rights and intellectual property rights in and to the Content available via the Apps is the property of Peachy Games, and is protected by U.S. and international copyright, trademark and/or intellectual property rights and laws to the fullest extent possible. Peachy Games owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Apps. You are only permitted to use the Content as expressly authorized by us, and only through the functionality of the Apps.
Limited License. Provided that you fully comply with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to download, display, view, use and play the Content (excluding source and object code, other than as made available to access and use to enable display and functionality) on your mobile telephone, device or tablet that you own or control (“ Device ”) for your personal, non-commercial use only, and for no other purpose. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Apps (or any part thereof) or the Content (or any part thereof); and (ii) may be immediately suspended or terminated for any reason, in Peachy Games’ sole discretion, and without advance notice or liability.
Rights of Others. When using the Apps, you must respect the intellectual property and other rights of Peachy Games and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Apps, then please see Section 10 below.
These Terms include only narrow, limited grants of rights to the Content within the functionality of the Apps and to use and access the Apps solely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Peachy Games. Any unauthorized use of any Content or the Apps for any purpose is prohibited.
You shall not and shall not permit, encourage or support any third party to do the following:
(a) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Apps or Content in any way inconsistent with the rights of use provided by us herein;
(b) engage in any activities through or in connection with the Apps that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Peachy Games;
(c) reverse engineer, decompile, disassemble, reverse assemble, or modify any Apps source or object code or any software or other products, services, or processes accessible through any portion of the Apps;
(d) engage in any activity that interferes with a user’s access to the Apps or the proper operation of the Apps, or otherwise causes harm to the Apps, Peachy Games, or other users of the Apps;
(e) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Peachy Games;
(f) amend, change, modify (including the creation of any derivative or other works) the Apps;
(g) create code, software or other program that incorporates any elements of the Apps;
(h) attempt to hack into, compromise or otherwise access the object or source code of the Apps for any purposes, personal or commercial;
(i) interrupt or attempt to interrupt the operation of the Apps in any way;
(j) take any action that imposes or may impose (as determined by Peachy Games in its sole discretion) an unreasonable or disproportionately large load on Peachy Games’ (or our Affiliates’ or third party providers’) infrastructure; and/or
(k) infringe and/or violate any of the Terms.
To the extent that you submit, via electronic mail or otherwise, any concepts, ideas, comments, feedback, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Apps, you agree that such Ideas are non-confidential and non-proprietary, and we shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant Peachy Games, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Apps, or any Peachy Games product or service, without compensation or accounting to you and without further recourse by you.
Some of the Apps may permit in-app purchases, even if such Apps were downloaded for free. Such in-app purchases may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a third party app store (for example, Apple App Store, Amazon Appstore, or Google Play Store). In-app purchases are subject to the payment terms and conditions of the app store from which you have made your purchase. You agree that you will provide accurate and complete payment information to the app store. You further agree to pay all fees and applicable taxes incurred by you, or by anyone using an account registered to you. We may revise the prices for the Apps at any time. All fees and charges are payable in accordance with payment terms in effect at the time when the fee or the charge becomes due and payable.
You must provide at your own expense the device, Internet connection and service plans necessary to access and use the Apps. In addition, you hereby acknowledge and agree that you may be charged for Internet and data usage charges made through use of the Apps according to the applicable rates charged by your respective third party internet and data usage service provider. You acknowledge and agree that you are solely responsible for any costs, including Internet and data usage charges, you may incur to access the Apps.
Certain links provided herein through advertisements or otherwise permit our users to leave our Apps and enter third party websites or services. These linked websites and services are not under Peachy Games’ control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. Your access to, use of and reliance upon any such websites, services and content and your dealings with such third parties are at your sole risk and expense. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
If you believe in good faith that materials hosted by Peachy Games infringe your copyright, you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice will not be valid.
You must submit any notification of an alleged copyright infringement to our DMCA Agent by mail or email as set forth below:
Peachy Games LLC
816 Peace Portal Drive #17
Blaine, WA 98230
Email: peachygamesllc [at] gmail [dot] com with the subject line “Copyright Policy – DMCA Notification.”
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Apps are infringing a copyright.
You expressly acknowledge and agree that use of the Apps is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable laws, the Apps and any services performed or provided by the Apps ("Services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and Peachy Games hereby disclaims all warranties and conditions with respect to the Apps and any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. s does not warrant against interference with your enjoyment of the Apps, that the functions contained in, or Services performed or provided by, the Apps will meet your requirements, that the operation of the Apps or Services will be uninterrupted or error-free, or that defects in the Apps or Services will be corrected. No oral or written information or advice given by Peachy Games or its authorized representative shall create a warranty. Should the Apps or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
In the event of any failure of the Apps to conform to any applicable warranty, if any, you may notify the app store from which you downloaded the Apps and such app store shall, if such option exist, refund the purchase price for the Apps to you, subject to the terms and conditions of each app store. To the maximum extent permitted by applicable law, the app stores will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Peachy Games’ responsibility.
To the extent permissible by law, you agree to release and hold harmless Peachy Games and its subsidiaries, affiliates, divisions, partners, licensors, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with your use of the Apps, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, as well as for any damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Apps, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Peachy Games has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. The Released Parties assume no responsibility for any injury or damage to your or to any other person's device, regardless of how caused, relating to or resulting from downloading materials or software in connection with the Apps. You acknowledge that Peachy Games has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to the Apps or any component thereof.
Peachy Games reserves the right to terminate, suspend, or change any service or feature of the Apps at any time, for any reason or no reason, with or without notice to you. You agree that Peachy Games shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and may lose access to the Apps and shall have no right to any refund of any monies paid for the App.
The Apps are governed by the laws of the United States of America. Your use of the Apps may be also be subject to other local, state, national, or international laws.
The parties agree that any arbitration shall be limited to the Dispute between you and Peachy Games individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis and you agree to no class action as set forth below; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
No Class Action Matters. YOU AND PEACHY GAMES AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All Disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this Section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the courts located within the State of Washington. Notwithstanding any other provision herein, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
If you have any questions, please email us at peachygamesllc [at] gmail [dot] com or write to us at:
Peachy Games LLC
816 Peace Portal Drive #17
Blaine, WA 98230 USA.