Last updated: June 23, 2015
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1.1 Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Retrogene policies, Retrogene grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose, including but not limited to any commercial or business purposes.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13 unless a legal guardian is present in the use of Service; You shall restrict use by minors, and you will deny access to children under the age of 13 unless a legal guardian is present in the use of Service. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Retrogene, or previously been banned from playing any Retrogene game;
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
You shall only use your Account and the Service in compliance with all applicable laws and these Terms of Service.
We reserve the right to revoke the limited license provided to you and to block, change or remove any Account which in our sole discretion are in breach of applicable laws or these Terms of Service. Particularly we reserve the right to block, change or remove any Account suspected of hacking and/or cheating. Each account is personal and should only be used by the Account owner. Cooperation with multiple people playing on the same account is considered cheating.
2.1 Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Retrogene game client, and the Retrogene game clients and server software) are owned by Retrogene. Retrogene reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Any attempt to obtain confidential information relating to the Service is strictly prohibited and will amount to a breach of these Terms of Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RETROGENE.
2.3 Virtual Items
Retrogene owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Retrogene games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Retrogene game, whether earned in a game or purchased from Retrogene, or any other attributes associated with an Account or stored on the Service.
2.4 User Content
3. USER CONTENT
We use third party advertisements in our games to support our development. Some of these advertisers may use technology such as geo-location when they advertise in our app, which will also send these advertisers (such as Google through the Google Admob program) information including your IP address, your ISP and the device you used. This is generally used for geo targeting purposes. We assume no liability for content or use of websites or other services which are linked on our Service. We will not be liable for any damages arising out of such content or use.
3.1 Content Screening
Retrogene assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Retrogene chooses, in its sole discretion, to monitor the Service, Retrogene nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2 Information Use by Other Members of the Service
3.2.1 Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Retrogene cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Retrogene shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2 Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Retrogene may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Retrogene violates these Terms of Service.
You hereby grant to Retrogene an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Retrogene the right to authorize others to exercise any of the rights granted to Retrogene under these Terms of Service. You further hereby grant to Retrogene the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Retrogene does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Retrogene has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4 User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Retrogene games. Retrogene reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Retrogene to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Retrogene access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. FEES AND PURCHASE TERMS
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or berries; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.
Retrogene may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Retrogene shall have no liability to you or any third party in the event that Retrogene exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Retrogene, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Retrogene games is a service provided by Retrogene that commences immediately upon acceptance by Retrogene of your purchase.
4.2 Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Retrogene may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT RETROGENE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Retrogene may require that you accept updates to the Service and to Retrogene’s games you have installed on your device. You acknowledge and agree that Retrogene may update the Service and Retrogene games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Retrogene’s Games.
6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING RETROGENE’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. RETROGENE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
RETROGENE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RETROGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RETROGENE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO RETROGENE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO RETROGENE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND RETROGENE’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH RETROGENE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Retrogene may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Retrogene’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF RETROGENE WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
You agree to indemnify, defend and hold Retrogene harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. DISPUTE RESOLUTION AND LAW
10. GENERAL PROVISIONS
10.2 Supplemental Policies
Retrogene may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3 Entire Agreement
10.4 No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Retrogene shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Retrogene.
10.6 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Retrogene are of a unique and irreplaceable nature, the loss of which shall irreparably harm Retrogene and which cannot be replaced by monetary damages alone so that Retrogene shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Retrogene game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7 Force Majeure
Retrogene shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Retrogene, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Retrogene’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.