Last update: July 24, 2013
I. Introduction and Agreement to these Terms of Service
Welcome and thanks for your interest in the products and services of Pretty Simple. By accessing and playing any games created by Pretty Simple (the “Games”), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service (“Terms”).
Pretty Simple reserves the right to revise these Terms at any time. If we do, we will post the modified Terms on this page and indicate the date of most the recent change above. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. Your continued use of the Games constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease use of the Games.
Since the Games exist on the Facebook platform, any activities on Facebook beyond the scope of the Games are governed by Facebook’s Statement of Rights and Responsibilities. You can find Facebook’s Statement of Rights here: http://www.facebook.com/terms-of-use.
II. License to Play
Subject to compliance with these Terms, Pretty Simple is granting you a non-exclusive, non-transferable, revocable limited license to access the Games for your own non-commercial entertainment purposes only. You agree not to use the Games for any other purpose. If you violate any of these Terms, we reserve the right to terminate your license without notice.
III. In-Game Currencies and Goods
In addition to any third party obligations, it the following shall apply. In no way can Virtual Currency or Virtual Goods be redeemed for “real world” money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Games.
You also agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be given by our third party payments providers or Pretty Simple. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your account is terminated or suspended for any reason, in Pretty Simple’s sole and absolute discretion, or if Pretty Simple discontinues its Games, you forfeit any and all Virtual Currency and Goods. Pretty Simple has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Pretty Simple shall have no liability to you or anyone for the exercise of such rights.
IV. Rights to Content
“Content” means all software, communications, images, sounds, and material perceived or made available from the Games. It also includes any feedback, comments, or suggestions that you provide to Pretty Simple regarding the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Pretty Simple. All Content is copyrighted under French copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Pretty Simple, its logos, and the Games’ names are trademarks of Pretty Simple and may not be used without Pretty Simple’s express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of Pretty Simple. Pretty Simple may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Pretty Simple or any other third party.
If you are deemed to have retained any right, title, or interest to any portion of the Content, you agree to and hereby assign solely and exclusively to Pretty Simple all of your right, title, and interest in and to such Content, without additional consideration, under all applicable laws, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Pretty Simple the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
Pretty Simple representatives may monitor certain Content in the Games, but cannot monitor or prescreen all of the Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any Content posted in the Games that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for Content that is generated by users of the Games. You bear the entire risk of the completeness, accuracy or usefulness of Content found in the Games.
You acknowledge and agree that Pretty Simple may use built-in tracking features to obtain information regarding your use of the Games, and agree that such information is deemed to be Content for all purposes under these Terms.
V. User Code of Conduct
Your use of the Games is governed by certain rules (the “Code of Conduct”), maintained and enforced by Pretty Simple. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Pretty Simple reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user’s account. The Code of Conduct governs all aspects of your interaction with the Games, including but not limited to selecting your character name, posting messages to the Message Wall, interacting with other users, and otherwise accessing the Games.
If Pretty Simple finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Games.
You agree that your use of and conduct in the Games shall be lawful and you will not:
- transmit or post any content or language which, in Pretty Simple’s sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
- communicate or post any user’s personal information, including but not limited to another user’s address, phone number, e-mail address, or credit card number, in the Games without the use’s express written consent, except that a user may communicate his or her own personal information;
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
- make improper use of Pretty Simple’s support services or submit false reports of abuse or misconduct;
- disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that Pretty Simple created to generate web pages or any software or other products or processes accessible through the Games;
- except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Games, or use or launch any unauthorized script or other software;
- interfere with or circumvent any security feature of the Games or any feature that restricts or enforces limitations on use of or access to the Games or Content;
- participate in any action that, in Pretty Simple’s sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned through authorized game play in the Games;
- sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
- engage in cheating or any other activity deemed by Pretty Simple to be in conflict with the spirit or intent of the Games.
Again, please be aware that any activities on Facebook beyond the scope of the Games are governed by Facebook’s Statement of Rights and Responsibilities, which you can access here: http://www.facebook.com/terms-of-use.
By accessing and using the Games, you represent and warrant that you are at least 13 years old. If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Games.
We reserve the right to terminate or suspend your account or access to any or all of the Games at any time and for any reason. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or reach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during the Games.