Lead a chain of Unique and Powerful Heroes and battle other players in Real Time! Swipe to steer your heroes and collect power-ups to add more heroes to your chain and unleash their skills on your enemies.
Unlock and collect tons of unique heroes as you rise through the leagues! Level up your heroes to help to help them reach their fullest potential and form an unstoppable Heroes Chain!
There are two types of information we may collect through your use of the Websites/Apps:
1. "Personal Information," which is the type of information that specifically identifies you personally and/or can be used alone to contact you online or offline, such as your full name, physical address, email address, telephone number, photograph, precise geolocation information (i.e., your specific location), Ludigames player ID, credit card information and, in some cases, user names; and
2. "Non-Personal Information," which is information that does not identify you and cannot be used to contact you personally, including information about you such as your date of birth, age, ZIP code, non-precise geolocation information (e.g., your city), and gender, as well as information about your computer and mobile device, such as your unique device ID, Internet Protocol (IP) address, or other persistent identifiers, and their hardware/software/firmware. Non-Personal Information also includes "Usage Data," which is anonymous data tied to your computer and/or device, such as the actions you take within and outside of the Websites/Apps, the browser you use, the identity of other apps included on your device, the date and time of your use of the Websites/Apps, your game progress, play time, score and achievements, and the URLs you visited and/or apps you used before and after using our Websites/Apps.
Personal Information and Non-Personal Information That We Collect and How We Collect It
- If you choose to open an account with us, register for a contest, sign up for our newsletter, request support, or in any other way take steps that require the submission of Personal Information or Non-Personal Information, we may collect information such as your name, email address, physical address, date of birth, gender and/or phone number.
- If you choose to connect to one of our Websites/Apps through a third-party social network such as Facebook or Game Center, we may collect Personal Information and Non-Personal Information from your profile on such third-party social networks, such as your name, username, photograph, gender and date of birth.
- If you choose to make a purchase through our Websites/Apps, we will collect your credit card information and other billing information.
- If you choose to make use of any public forum, comment section, or chat function, we may collect any Personal Information you may disclose through such means.
- If you choose to send a message to another user or defined group of users through our message, chat, post or other in-game function, we may collect any Personal Information you may disclose through such means, as well as the necessary Personal Information of the user(s) you are contacting, in order to facilitate the communication (Note: we will never collect any information sent outside of the functionality of our Websites/Apps, including through emails or text messages).
- If you choose to enable push notifications, we may use your Personal Information, or Non-Personal Information such as a device ID, in order to send push notifications to your device.
- We may collect precise geolocation information provided that, prior to doing so initially, you will either be informed of such practice or be prompted to allow or disallow such feature. In the event you proceed with acquiring the Website/App or choose to allow such feature, you will have the ability to disallow it at any time thereafter by taking the appropriate steps in the Settings tab.
- Certain of our Websites/Apps may read your device to determine what other apps have been installed and Non-Personal Information, such as your city and gender, may be inferred based on the identity of those apps.
- If you choose to submit your Personal Information to us for any other reason in any other form, we will collect such Personal Information and use it for the purposes for which you submitted it.
- We will not collect any Personal Information from you simply by virtue of your visiting our Website; we only collect it if you choose to submit it to us. We do, however, collect Non-Personal Information such as device IDs, IP addresses and other persistent identifiers, as well as Usage Data, whenever you use our Website/Apps. Such Non-Personal Information is not combined with Personal Information unless you choose to submit Personal Information to us.
Use of the Personal Information That We Collect
We will use your Personal Information to:
- provide you with any goods, services, or functionality you have requested;
- respond to any inquiries you have made through our customer service features;
- contact you to promote our Websites/Apps, contests and any specials we may offer;
- contact you in relation to contest registration and prize acceptance;
- contact you in the scope of talent recruitment.
Use of the Non-Personal Information That We Collect
Non-Personal Information may be used by us for administrative, analytical, research, optimisation, security and other purposes. Specifically, we may use your Non-Personal Information to:
- track your use of our Websites/Apps to help us learn more about your gaming activities and understand your preferences and tendencies so that we can personalise your experience, provide you with in-game offers and notifications that are tailored to you, and otherwise enhance your gaming experience;
- personalise your content and offers;
- compile statistics;
- respond to customer service inquiries;
- protect against cheating, crime or fraud, or for other security reasons;
- provide you advertising that better suits your interests and profile and is age/gender-appropriate and targeted to your general location;
- determine the jurisdiction in which you are located so we can determine what set of laws apply to you;
- send you push notifications (if you choose to allow that function).
Disclosure of the Personal Information and Non-Personal Information That We Collect
- We will not sell, rent or transfer your Personal Information to third parties without your prior consent.
- We may share non-precise geolocation information or precise geolocation information (if you choose to allow us to collect it) with advertisers to allow them to serve more relevant and geographically-appropriate advertisements to you.
- We may share your Usage Data and Non-Personal Information, such as device IDs, advertising IDs or other persistent identifiers and non-precise geolocation information, with our advertising partners. Those partners may use your Non-Personal Information to serve you tailored advertisements outside of our Websites/Apps; please note that this sharing is limited to anonymous, aggregated Non-Personal Information only and we will not share your Personal Information with advertisers without your prior consent.
- Our Websites/Apps offer social sharing features such as "Share" or "Like" on Facebook or other third-party social networking sites. If you decide to use such features, it may allow the sharing and collection of Personal Information and Non-Personal Information both to and from such third-party social networks. You should visit the policies of such third parties for more information about their information collection practices.
- We will not store your credit card information. In order to process credit card payments, we will use the service of a secure third-party credit card processor.
- We use the services of third parties who will have limited access to your Personal Information to be used for specific purposes. These purposes may include credit card processing, prize delivery, marketing assistance, customer service, and data analysis. The third parties we contract with for these purposes will be authorised to use your Personal Information only for the purposes for which the party was engaged. In addition, Non-Personal Information and Usage Data in aggregated, anonymous form may be shared with third parties who assist us with our operations such as administration, analytics, research, optimisation, and advertising.
- We may disclose your Personal Information or other information collected if required by law or court order, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorised use of the Websites/Apps, or to protect the property or safety of others.
- In connection with any sale of our company or any line of business (including the assets relating thereto), customer information generally is one of the transferred business assets, and such customer information (including your Personal Information) will be transferred or sold to the acquirer in the event of any such sale or disposition of any or all of our business.
Conservation of Personal Information
We ask that you keep the Personal Information that you provide to us current and that you correct any information you have provided us by contacting us at PrivacyPolicy@ludigames.com. You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person.
If you wish to opt out of further communications from us, or if you wish to review, delete and/or revise the Personal Information we have stored about you, please contact us with your specific request at PrivacyPolicy@ludigames.com; provided, however, that we reserve the right to retain an archive of such Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such information.
If you have previously consented to our sharing of your Personal Information to third parties for any purpose, including direct marketing purposes, you may opt out at any time by contacting us at PrivacyPolicy@ludigames.com and including “Opt Out of Disclosure” in the subject line.
If you wish to opt out of push notifications, select the Settings tab for the applicable Website/App, and follow the necessary prompts to opt out of further push notifications.
You can decline to permit cookies or other tracking technologies, but in that case we cannot promise you that all Website/App features will function properly as a result.
If you use the Websites/Apps, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.
Partnerships and External Sources
Therefore, you are encouraged to review the privacy policies of all third-party Websites/Apps. Without limiting anything in the following section, we are not liable in any way for the actions, inactions or policies of any external services.
Many of our Websites/Apps are intended for general audiences, and we do not knowingly collect or use any Personal Information from children under the age of 13. When users are identified as under 13, we will block such users from providing Personal Information or make sure to get prior parental consent before collecting Personal Information. To the extent we feel that any of our Websites/Apps are directed to children under the age of 13, we will not collect Personal Information from users of those Websites/Apps.
If you are a parent of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at PrivacyPolicy@ludigames.com and we will delete the information from our system.
We may collect Non-Personal Information, such as a device ID or other persistent identifier linked to the device or computer, which may be used by a child to play our Websites/Apps. The data collected will be anonymous and not tied to any Personal Information. In addition, this data will be used solely for internal purposes such as personalisation of content, security, and contextual (not behavioural) advertising.
Certain of our Websites/Apps may permit in-game purchases, even if the applicable game was free to download. Such purchases do not always require the re-entry of credit card information because they may be made through an existing third-party account (such as an iTunes account). If you are a parent who is concerned about this feature, you may disable the ability to make in-game purchases by selecting the Settings tab for the applicable Website/App, and following the necessary prompts to prohibit such purchases.
If you are between the age of 13 and 18, please obtain your parents' permission prior to registering with our Platform or providing us with any Personal Information.
It is entirely your choice whether or not you provide Personal Information to us. We and/or our third-party partners have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorised access, maintain data security, and correctly use the Personal Information collected through the Websites/Apps. We take, or obligate applicable third parties to take, reasonable precautions to protect our customers' Personal Information against loss, misuse, unauthorised disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk. We cannot ensure or warrant the security of any information you transmit to us by email and you do so at your own risk.
If there is a breach of security involving your credit card information from our Websites/Apps, we will inform you immediately and take commercially reasonable steps to rectify such breach.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at PrivacyPolicy@ludigames.com.
In the event you choose to establish an account with us, you should not share your login information with anyone.
Your Privacy Right in California
Under certain circumstances, California Civil Code Section 1798.83 requires that, upon receipt of a request by a customer residing in California, a business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year for direct marketing purposes, as well as a list of the categories of personal information that were disclosed. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or that give customers a free mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Users residing in California may request further information about our approach to this law by writing to us at PrivacyPolicy@ludigames.com, using the subject line "CA Request for Information," and requesting further information
Do Not Track Disclosures in California: Because we respect your privacy, we will abide by any "do not track" technology that you may choose to utilise, although, as described above with cookies, such technology may negatively affect the functionality of the Websites/Apps.
How to opt in/opt out:
Fees: Message and data rates may apply, depending on the terms of your individual mobile service plan. Ludigames fees for one-time purchase of games or subscriptions may vary depending on your carrier, your country of residence and the game you select. These charges are billed to your mobile phone bill or will be deducted from your prepaid balance. They will appear under "Ludigames" on your mobile phone bill.
Ludigames ("we", "our" or "us") operates the Ludigames website (the "Site"), provides various apps, games and social networks (the "Apps"), and offers certain other features, content, or contests from time to time (collectively, "Additional Features") (the Site, Apps, and Additional Features shall hereinafter sometimes be collectively referred to as the "Services").
Your access and use of the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you access and use the Services with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.
In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions, and such additional terms are hereby incorporated into this Agreement by this reference, but such additional terms and conditions shall control solely for the applicable Service.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION
When you access to the Apps for the first time, you may be asked to indicate your age. Please consider we need it to tailor your experience in game. We may therefore apply some age restrictions to our Apps and you agree and acknowledge that’s some of our Apps require to be thirteen (13) of age and above.
You may never use another's Account without permission. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration, and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, "Ludigames Providers") due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
II. PURCHASES / PAYMENTS / REFUNDS
We may charge fees associated with certain Services, including, without limitation, for subscriptions, the download of Apps, and the purchase of Virtual Items (as defined below). Such products or services will be made available for purchase on specified pages of the Site, within the Apps, or otherwise as indicated through the Services. In the event of any fee changes by Ludigames, Ludigames will provide you with commercially reasonable notice of such charge.
The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.
Your purchase of any App, Virtual Item or other content through the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.
When you provide credit card information to us, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. If you order a subscription, each month that you use the Services, you agree and reaffirm that we are authorized to charge your credit card for the subscription fee. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is cancelled for any reason. You will have ten business days to accept any new fees. In the event that you fail to accept the new fees by written notice to us, your subscription, plan, or other ongoing, paid-for Service, as applicable, may be immediately terminated. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.
Apps, Additional Features and Virtual Items can be downloaded in connection with the Services for a charge. We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item 90 days after the purchase date for any reason ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Services, please contact the Ludigames technical team at email@example.com. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable. Please read the system requirements very carefully before making any purchases.
Right of cancellation: If you choose to cancel your order, you may do so within 14 days from when you received your receipt without giving any reason. To cancel your order, you must inform us of your decision via a declaration taking again the reference of the purchase, the date of the purchase, your name and your address, sent to the following address: firstname.lastname@example.org. To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired. If you choose to cancel your monthly subscription, you may do so pursuant to the terms Effects of cancellation: We will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.
Exception to the right of cancellation: You cannot cancel your order for the supply of digital content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right.
CERTAIN APPS ALLOW YOU TO PURCHASE VIRTUAL ITEMS (AS DEFINED BELOW) WITHIN THE APP. SUCH PURCHASES MAY BE MADE AVAILABLE IN BOTH APPS WHICH YOU MUST PURCHASE TO DOWNLOAD AS WELL AS APPS WHICH ARE FREE TO DOWNLOAD. IN ADDITION, CERTAIN APPS, INCLUDING THOSE THAT ARE FREE TO DOWNLOAD, MAY CONTAIN THIRD-PARTY ADVERTISEMENTS THAT MAY REDIRECT YOU TO A THIRD-PARTY SITE.
III. VIRTUAL ITEMS
Certain Services may allow you to "earn" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; (b) virtual in-game items (together with virtual currency); or (c) certain in-game benefits ("Virtual Items"). Virtual Items have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion.
The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for "real money," goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and even legal action.
IV. ONLINE CONDUCT
You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
3. using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;
4. attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
5.using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services, and taking advantage of cheats or exploits;
6. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);
7. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
8. attempting to impersonate another user or person;
9. soliciting personal information from anyone under 18;
10. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
11. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
12. using any information obtained from the Services in order to harass, abuse, or harm another person;
13. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
14. using the Services in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations;
15. sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of your account or any Virtual Items associated with your account to anyone;
16. access or use of a third-party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator.
17. using multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or "farm" Virtual Items;
18. using the Services in a commercial manner, including the transferring of Virtual Items in exchange for "real-world" money.
You will immediately be banned from the Services if you are found to be participating in any one of these activities. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.
A. Proprietary Rights
With the exception of content posted by users of the Services ("User Content"), all materials contained on the Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks, copyrights, patents and other intellectual property rights related thereto ("Proprietary Materials"), are owned or controlled by Ludigames, our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.
As referenced above, even though you may buy Virtual Items with "real-world" money, you do not, in fact, "own" such items. By making such a purchase, you are merely being granted a license to use such Virtual Items in the applicable Apps or other Services for which such Virtual Items can be used. The Virtual Items have no real-world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual, "real-world" currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.
B. Distribution/Uploading of Content
You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, a chat or user forum, online review or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.
Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent.
By submitting content or materials ("Your Content") to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you've requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below.
Subject to these grants, you retain any and all rights which may exist in Your Content.
We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of Ludigames and our officers, directors, employees and agents; or (iv) to protect the Ludigames Providers and any other user.
Ludigames is not responsible for the third-party products or services displayed therein.
D. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
E. Third-Party Content & User Content
You acknowledge that Ludigames is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the content posted by such third parties (including User Content) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of Ludigames or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third-party content in a limited gate-keeper fashion and have no obligation to investigate whether any User Content and other third-party content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than Ludigames Inc.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.
F. Unsolicited Submissions
We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of Ludigames. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Ludigames, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
VI. NOTICE OF INFRINGEMENT
Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please send all notices to the following e-mail address: email@example.com.
To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VII. NON-COMMERCIAL USE
The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited.
VIII. ELECTRONIC COMMUNICATIONS
When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Services may contain links to websites operated by third parties, including through in-App advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.
We reserve the right to disable links from or to third-party sites.
X. THIRD-PARTY MERCHANTS / PROVIDERS
The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.
In addition, the Services may prompt you to establish an account with a third-party service provider not owned or operated by us. Your agreement and understanding with any such third-party service provider is solely between you and such service provider. We will not be a party to, or in any way be responsible for, your agreement with such third-party service provider. Any disputes you may encounter with such third-party service provider shall be settled solely between you and the service provider.
XI. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY LUDIGAMES PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF LUDIGAMES INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY LUDIGAMES PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LUDIGAMES INC.'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES.
NEITHER WE NOR ANY LUDIGAMES PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE OR SUCH LUDIGAMES PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL LUDIGAMES INC. BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID LUDIGAMES INC. IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
XIII. APPLICABLE LAW; JURISDICTION
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of your country of residence for any litigation arising out of or relating to use of or purchase made through the Services (and agree not to commence any litigation relating thereto except in such courts).
You agree to indemnify and hold Ludigames, the Ludigames Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Subject to the other provisions of this Agreement, Ludigames will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at firstname.lastname@example.org. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
XVIII. THIRD-PARTY MARKETPLACES
We reserve the right to make changes to the Services, posted policies and this Agreement at any time by posting such changes in the Service. The continued use of the Services as modified constitutes your acceptance with such changes.
Please contact us at email@example.com for any questions regarding customer relations and any issues arising from your in-game activity.
IMPORTANT - READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA").
This document is an agreement between you and Ludigames SAS and its affiliated companies ("Company"). The software and any accompanying printed materials are licensed to you only on the condition that you accept all of the terms contained in this EULA.
By installing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA: (i) do not use or install the Software, and (ii) if you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase to your place of purchase for a refund.
When you install the Software, you will be asked to review and either accept or not accept the terms of the EULA by clicking the "I Accept" button. By clicking the "I Accept" button, you acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.
GRANT OF LICENSE
The Software is licensed to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software for the sole purpose of installing it on your mobile phone. The Company reserves all rights not expressly granted to you in this EULA.
1. If the Software is configured for loading on a hard drive, you may install the Software on a single computer in order to install it and use it on your mobile phone.
2. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession.
3. You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads and accepts this EULA.
1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User Variation section of this Agreement or other documentation accompanying the Software) or otherwise commercially exploit the Software.
4. You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.
EDITOR AND END-USER VARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations (an "Editor"), you may use this Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively, the "Variations"), subject to the following restrictions. Your Variations: (i) must only work with the full registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing service.
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and media are supplied "AS IS." Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that the Software storage medium will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
CHOICE OF LAW AND VENUE
This EULA is governed by the laws of France and you agree to submit any dispute arising out of this EULA to the exclusive jurisdiction of the Courts of Paris.
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.
This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.