Welcome to Tiny games. Your privacy is important to us.
By using the Service, you are expressing your agreement to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree to these terms, please do not use the Service.
Information Collection and Use
Tiny Games collects information as described below. Tiny Games’ primary goals in collecting and using information is to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use. We store information on servers located in the United States and may store information on servers and equipment in other countries.
Social Networking Websites
We may collect and record information through the social networking website you use to access the Service (“SN Website”) or other third party source in accordance with the policies and terms of the SN Website or service provider. The information we collect when you access the Service on an SN Website may include: (1) your name, (2) your SN Website user identification number and/or user name, (3) locale, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Website user identification numbers for your friends that are also connected to Tiny games’ game(s).
If you want us to delete the data we receive from Facebook about you, please contact us at email@example.com
We may also collect (1) your name, (2) your email address, and(3) your age or birthday directly from you when you access our Service on a SN Website. If you provide your email address in connection with a Tiny Games game, the email address will be retained by Tiny Games and we may use that email address to contact you about your gaming experience with Tiny Games and notify you about company news and promotions. Your phone number may be used to help connect you with other users via our social networking system and for SMS notifications. Your birth date may be used to analyze user trends and target certain promotions.
Tiny Games’ Sites
While you are browsing Tiny Games’ Sites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on SN Websites and other third party sites, user names, phone number, and e-mail and mail addresses. We may use this information to create a user profile. We may use your email address to contact you about your experience with Tiny Games Sites and notify you about company news and promotions. Your phone number may be used to help connect you with other users via our social networking system and for SMS notifications. Your gender and birthday may be used to analyze user trends and target certain promotions. Your mail address may be used if we have merchandise or other physical promotional materials that we want to send to you.
When you interact with Tiny Games’ Sites, Tiny Games will create an online user ID number to identify your profile on the Tiny Games Site. This online user ID number will appear in the URL of Tiny Games’ Sites, but will only permit access to information that is considered public or that you have designated as public. You may opt-out at any time of public indexing of your public profile information.
Tiny Games may at times offer you the ability to post content to a blog, message board, chat room or within Tiny Games’ applications or other forums (“Forums”). You should be aware that any visitor to the Forums may read your postings on the Forums. Furthermore, any information that you may post to a Forum, including your username or other account profile information, will be disclosed and available to all users and viewers of that Forum, and will therefore no longer be private. Tiny Games cannot guarantee the security of such information that is disclosed or communicated online in public areas such as the Forums, and you provide such information at your own risk. Tiny Games does not author, edit, endorse, or monitor any Forum. You acknowledge and agree that Tiny Games has no responsibility for the accuracy or availability of information provided on any Forum. Tiny Games reserves the right at any time, in its sole discretion, to remove any content that a user may post on any Forum and restrict their access to any Forum.
Invite a Friend
Tiny Games may offer you the opportunity to opt-in to import your address book contacts or manually enter e-mail addresses so that your contacts can be located in Tiny Games products and/or you can invite them to join you in Tiny Games products. Such contact information will be used only for the purpose of sending communications to the addressee. We send these invites on your behalf and as your service provider. You agree that you and/or your friend are responsible for any text messaging rates that apply. You can opt-out from the storing of these contacts. Passwords provided to Tiny Games for importing purposes will not be stored by Tiny Games. In addition, you or the third party may contact us at firstname.lastname@example.org to request the removal of this information from our database.
iOS and Android Platforms
When you use any of the Tiny Games products or applications on a mobile platform, we may collect and record certain information such as your unique device ID, hardware type, the version of your operating system (“OS”), your device name, your telephone number, your email address (if you provide this information to us upon request), and your location (based on your Internet Protocol (“IP”) address and longitude and latitude). This information is useful to us for troubleshooting and helps us understand usage trends. Your phone number may be used to help connect you with other users via our social networking system and for SMS notifications.
We may also give users the opportunity to opt-in to location-based services, which rely upon a device’s GPS coordinates. You may opt-out of these location services via the settings on your device. A user’s location may be used to suggest friends with whom they might want to connect, analyze usage trends or target certain promotions.
In addition, we create a unique user mobile ID to track your use of our Service. This unique user mobile ID is stored in connection with your profile information to track the Tiny Games’ apps you are playing. In addition, it may be used to link a character with which you play our games to your username on the Forums. We may link the unique user mobile ID to the online user ID to connect your profiles and associated data for internal analysis and targeting certain promotions.
We may also collect (1) your name, (2) your email address, and (3) your age or birthday directly from you when you access our Service through your mobile device. If you provide your email address in connection with a Tiny Games game, the email address will be retained by Tiny Games and we may use that email address to contact you about your gaming experience with Tiny Games’ apps and notify you about company news and promotions. Your phone number may be used to help connect you with other users via our social networking system and for SMS notifications. Your birth date may be used to analyze user trends and target certain promotions.
Game Data Collection
Whenever you play our games, regardless of the platform on which you play, we collect data about all of your interactions with the game and with the other players inside the game via server log files.
We may also acquire information from you through (1) your access and participation in message boards on the Service, (2) your email of a question to our customer support, (3) your participation in surveys regarding the Service or (4) your participation in a sweepstakes or contest through the Service.
If we begin offering our Service on a platform without an in-app purchase billing system, we may need to collect credit card and billing information.
A cookie is a small text file that we transfer to your computer and/or device, to identify a user’s computer/device and to “remember” things about your visit, such as your preferences or a user name and password. Information contained in a cookie may be linked to your personal information for purposes such as improving the quality of our Service, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.
Third party advertising companies and we may collect information using Web beacons. Web beacons or “gifs”, are electronic images that may be used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon. Advertisers use web beacons in connection with our Services in order to collect and use data regarding the viewing and usage of content, advertisement performance and your interests for the purpose of delivering relevant advertising to you.
Third Party Services
How We Use Information
We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:
- create game accounts and allow users to play our games;
- identify and suggest connections with other Tiny Games users;
- operate and improve our Service;
- understand you and your preferences to enhance your experience and enjoyment using our Service;
- respond to your comments and questions and provide customer service;
- provide and deliver products and services you request;
- send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by Tiny Games and our selected partners;
- enable you to communicate with other users; and
- link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.
Disclosure of Your information
Tiny Games does not share your personal information except as approved by you or as described below:
- With your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies.
- Tiny Games may engage other companies and individuals to perform services on our behalf. Examples of these services include sending e-mails to you and analyzing data. While these agents and service providers may have access to your personal information in connection with the performance of services for Tiny Games, they may not use such information for any purpose other than providing such services to us.
- We may release your information as permitted by law or when we believe that release is appropriate to comply with the law; enforce or apply our rights; or protect the rights, property, or safety of us or our users, or others. This includes exchanging information with other companies and organizations for fraud protection.
- Tiny Games may share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company.
- We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.
Changes to the Policy
We reserve the right to change this Policy at any time. If we decide to change this Policy, we will post those changes on this page and update the date at the top of the page. The changes will be effective when posted. Please check this page on a regular basis so that you remain aware of what information we collect and how we use it.
Tiny Games takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties. Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties.
Our Policy Regarding Children
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use our Service. If you are under 13, please do not attempt to use our Service or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at email@example.com.
Opting Out of Marketing
You may opt-out of receiving promotional emails from us by following the instructions in those emails. If you opt-out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
You may also opt-out of receiving SMS notifications from us, either via SMS or online.
We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Policy.
Terms of Service
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 Tiny Games policies, Tiny Games grants you a non-exclusive, non-transferable, non-sub licensable, 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.
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; You shall restrict use by minors, and you will deny access to children under the age of 13. 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, and shall not 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 Tiny Games, or previously been banned from playing any Tiny Games 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;
Username and Password
During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Tiny Games and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Tiny Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
– Engage in any act that Tiny Games deems to be in conflict with the spirit or intent of the Service or make improper use of Tiny Games’ support services.
– Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Tiny Games apps or any Tiny Games products experience or without Tiny Games’ express written consent, modify or cause to be modified any files that are a part of the Service or any Tiny Games game.
– Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Tiny Games game environment.
– Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
– Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Tiny Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
– Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
– Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
– Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Tiny Games employees, including Tiny Games’ customer service representatives.
– Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Tiny Games employee.
– Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Tiny Games game, or to obtain any information from the Service or any Tiny Games game using any method not expressly permitted by Tiny Games.
– Solicit or attempt to solicit personal information from other users of the Service or any Tiny Games game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Tiny Games reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Tiny Games reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, TINY GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO TINY GAMES SERVICES OR PORTIONS THEREOF IF YOU ARE, OR TINY GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND TINY GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
TINY GAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Tiny Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Tiny Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
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 Tiny Games game client, and the Tiny Games game clients and server software) are owned by Tiny Games. Tiny Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the 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 TINY GAMES.
2.3. Virtual Items
You may purchase with “real world” money a limited non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, in-game coins, and all other kinds of in-game monies, all for use in the games; (b) virtual in-game items (virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from Tiny Games or its authorized partners through the Services, and not in any other way.
You understand that Tiny Games has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to it at any time and for any reason, with or without notice. Tiny Games shall have no liability to you or any third party in the event that Tiny Games exercises any such rights. You have no claim, right, title, proprietary, or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.
Except where explicitly authorized by Tiny Games, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Tiny Games does not recognize any such purported transfers of Virtual Items, nor the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if Tiny Games discontinues providing the Services.
You agree that you won’t assert or bring any claim against Tiny Games, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you own any Virtual Items; (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.
2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. You hereby grant to Tiny Games and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, 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 such User Content as well as all modified and derivative works thereof, without compensation to you. Tiny Games will not have any liability or responsibility for any user behavior, or for monitoring User Content or inappropriate conduct in the Services. User Content submitted on the services is not screened or monitored by Tiny Games. The users of the Services bear all risk associated with its use including but not limited to exposure to offensive and indecent content.
Though it is not obligated to, Tiny Games reserves the right in its sole discretion to monitor, prohibit, review, edit, delete, disable access to, or make unavailable any User Content without notice for any reason or for no reason at any time, and it will do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. By accepting the Terms of Services, 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.
- USER CONTENT
3.1. Content Screening
Tiny Games 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 Tiny Games chooses, in its sole discretion, to monitor the Service, Tiny Games 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. Tiny Games 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. Tiny Games 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. Tiny Games 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 Tiny Games violates these Terms of Service.
You hereby grant to Tiny Games 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 Tiny Games the right to authorize others to exercise any of the rights granted to Tiny Games under these Terms of Service. You further hereby grant to Tiny Games 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. Tiny Games 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. Tiny Games 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 Tiny Games’ products. Tiny Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Tiny Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation,
granting Tiny Games 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. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
- FEES AND PURCHASE TERMS
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Tiny Games’ products; (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.
Tiny Games may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Tiny Games shall have no liability to you or any third party in the event that Tiny Games 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 Tiny Games, 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 Tiny Games’ products is a service provided by Tiny Games that commences immediately upon acceptance by Tiny Games 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. Tiny Games may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT TINY GAMES 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.
- UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Tiny Games may require that you accept updates to the Service and to Tiny Games’ products you have installed on your computer. You acknowledge and agree that Tiny Games may update the Service and Tiny Games products, 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 Tiny Games’ products.
- DISCLAIMER OF WARRANTIES
WITHOUT LIMITING TINY GAMES’ 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. TINY GAMES 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.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
TINY GAMES 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 TINY GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TINY GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TINY GAMES 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 TINY GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND TINY GAMES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TINY GAMES 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 Tiny Games 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 Tiny Games’ 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 TINY GAMES.
You agree to indemnify, defend and hold Tiny Games 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.
- DISPUTE RESOLUTION AND LAW
- GENERAL PROVISIONS
10.2. Supplemental Policies
Tiny Games 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 Tiny Games 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 Tiny Games.
10.5. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Tiny Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Tiny Games and which cannot be replaced by monetary damages alone so that Tiny Games 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 Tiny Games 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).
10.6. Force Majeure
Tiny Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Tiny Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Tiny Games’ 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.