Terms of Use
The use of GamesMadeMe games ("Service") is subject to these Terms of Use entered into between a customer and GamesMadeMe. The Terms of Use are modified from time to time and are a legal agreement between GamesMadeMe ("We") and You. Please read these terms and conditions, if you do not agree to all of the terms, do not access or use the services.
Provided the customer has signed up for the Service and accepted these terms of Use, GamesMadeMe grants the customer the right to use the Service and the Application in accordance with the terms set forth herein. GamesMadeMe grants only the rights which are stated expressly in these Terms of Use and reserves unto itself all rights not granted herein.
Use of the Service
The Service is intended for persons over ten (10) years old or older. Persons under 10 years old may use parts of the Service liable to charge only with his/her legal guardian's permission and supervision.
Chargeable parts of the Service
The Service includes games where You will be able to buy and use virtual in-game items ("Virtual Goods") that can be used while playing games. GamesMadeMe may change the functionality, generality or discontinue of Virtual Goods at its sole discretion. If any such change is not acceptable to you, you may stop using the game and/or application. Your continued use of the game and/or application will indicate acceptance of such changes. You may be required to pay a fee in order to obtain Virtual Goods. GamesMadeMe reserves the right in its sole discretion to change the number of Virtual Goods You will be entitled to purchase for a given fee.
Your purchase of virtual currency is final and shall under no circumstances be refundable, transferable or exchangeable (except where explicitly authorized within the service) including, without limitation, upon termination of your Service account for any reason, termination of this agreement, and/or the discontinuation of the services. Regardless of the consideration offered or paid in exchange for virtual goods, you do not have any ownership rights in the virtual goods. You receive limited right to use the virtual currency and virtual goods. All virtual goods and currencies are fortfeited if your account is terminated or suspended for any reason, in GamesMadeMe's sole and absolute discretion, or if GamesMadeMe discontinues providing the service.
GamesMadeMe shall have no liability for hacking or loss of Virtual Goods from your Service account, provided GamesMadeMe will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. GamesMadeMe reserves the right, without prior notification, to limit the order quantity on any Virtual Goods and/or to refuse to provide You with any Virtual Good. GamesMadeMe has no obligation or responsibility to and will not reimburse You for any Virtual Goods lost due to Your violations of these Terms and Conditions. Verification of certain information applicable to a transaction involving a Virtual Good may be required prior to our acceptance thereof. Price and availability of the Virtual Goods are subject to change without notice.
Usage of the Service
The Service is intended for private and non-commercial use. The user agrees to abide by the instructions given to him/her in the course of the Service, these Terms of Use and applicable laws, which limit or control the use of the Service. The right to use the Service is limited as follows:
- Unless expressly permitted by GamesMadeMe or the rightful owner or a notice in the Service, customer may not distribute, make public, copy or otherwise utilize material gained from the Service except for his/her personal use.
- The Service may not be used in a manner that would violate the privacy of other players or infringe the rights of a third party. Customers may not use inappropriate language or offensive expressions.
- The customer shall use the Service in a manner that doesn't cause harm to GamesMadeMe, its partners or other customers or parties.
- The customer is liable for the material distributed to GamesMadeMe, other users and third parties through the Service. In particular the customer shall not distribute any material that could cause harm to the Service or infringe copyrights or other third party rights, violate good manners or laws or rules and regulations of authorities. If GamesMadeMe receives a notice from an authority or a third party claiming that the customer has distributed afore described material, GamesMadeMe is entitled to remove such material or prevent its use without notice to the customer.
- The customer grants to GamesMadeMe the right to modify, copy, distribute and, make public, in whole or in part material distributed by customer through the Service.
GamesMadeMe has the right to temporarily close down the Service or parts of it, if deemed necessary for a justified reason. GamesMadeMe has the right to terminate the Service or parts of it by informing the customer of the termination in a reasonable time in advance, for example by posting a notice on the web site of the Service.
GamesMadeMe is entitled to cancel user ids and passwords and prevent access to the Service if it has reason to believe that the customer is engaged in illegal activity or, intentionally or negligently compromises other users' or GamesMadeMe's data security or privacy, or uses inappropriate language or defamatory expressions or, if GamesMadeMe receives a notice that customer's user id or password has gotten into the hands of a third party.
The customer is responsible for the care of user ids and passwords required for the use of the Service. The customer may not assign or transfer his/her user id or passwords to a third party. The customer is responsible for all the actions taken by using his/her user id or passwords in the Service. If a third party has obtained customer's password or the customer has a reason to believe that a third party has obtained his/her password, he/she must immediately inform GamesMadeMe. The customer's responsibility for actions taken by using his/her user id or password shall cease after the customer has informed GamesMadeMe of the loss of the user id or password and GamesMadeMe has had a reasonable time to prevent the use of the Service with the user id. The customer shall be responsible for the unauthorized use of his/her user id or password until the notification of loss, if the customer has not kept his user id and password in accordance with the terms set forth herein or otherwise carefully.
Limitations of liability
You expressively agree that the use of the GamesMadeMe sites, services and software is at your sole risk. The GamesMadeMe sites, services and software and any other third party services and products are provided on an "as is" and "as available" basis for your use, without warranties or conditions of any kind, either express or implied, unless such warranties or conditions are legally incapable of exclusion.
GamesMadeMe provides the services on a commercially reasonable basis and does not warrant that you will be able to access or use the services at times or locations of your choosing, or that GamesMadeMe will have adequate capacity for the services as a whole or in any specific geographic area. GamesMadeMe assume no responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, miss-deliveries or service interruptions caused by GamesMadeMe, or by your or any other user's own errors and/or missions.
You acknowledge and agree that to the maximum extent permissible by law that GamesMadeMe is not liable for any act or failure to act by them or any other person regarding conduct, communication or content on the services or use of the GamesMadeMe sites, services or software. You acknowledge and agree that your sole and exclusive remedy for any dispute with GamesMadeMe is to stop using the service and to cancel your account(s).
In no case shall the liability of GamesMadeMe to you exceed the amount that you paid to GamesMadeMe or its designees during the prior one (1) month period for the applicable services giving rise to any such liability. In no case shall GamesMadeMe be liable for any special, incidental, indirect, punitive or consequential damages arising from your use of the GamesMadeMe sites, services and software, the Internet or for any other claim related in any way to your use of the services or interactions with GamesMadeMe.
GamesMadeMe reserves rights to make improvements and/or changes in the services described in these Terms of Use at any time.