TERMS OF SERVICE
Last Updated: June 29, 2019
These Terms of Service (“Terms”) govern your access to and use of Galaxy Gourd, LLC (“Galaxy Gourd, LLC", “we” or “our”) websites, services, and games/applications (collectively the “Services” or "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. You agree that the Privacy Policy forms part of these Terms.
Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then you should not use the Services. By installing, using, or accessing our Services, you accept our Terms and Privacy Policy. If a minor wishes to use our Services, the minor's legal guardian agrees to these Terms as a precondition to the minor's use.
You can access these Terms at any time at galaxygourd.com. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of our Terms and Privacy Policy by posting the amended terms at galaxygourd.com. Your continued use of our Services confirms your acceptance of the updated Terms or Privacy Policy. Notifications of substantial material changes to the Terms or Privacy Policy will be broadcasted via our social channels and/or software updates to the Services.
Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then you should not use the Services. By installing, using, or accessing our Services, you accept our Terms and Privacy Policy. If a minor wishes to use our Services, the minor's legal guardian agrees to these Terms as a precondition to the minor's use.
You can access these Terms at any time at galaxygourd.com. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of our Terms and Privacy Policy by posting the amended terms at galaxygourd.com. Your continued use of our Services confirms your acceptance of the updated Terms or Privacy Policy. Notifications of substantial material changes to the Terms or Privacy Policy will be broadcasted via our social channels and/or software updates to the Services.
LICENSE AGREEMENT
We grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, non-commercial entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.
Except as set out in the paragraph above, you do not receive any other license and we retain all right, title, and interest in and to the Services. This means we own at all times or maintain licenses to all copyright, trade marks, code, software, characters, themes, character names, game names, storylines, dialogue, settings, artwork, sounds effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Services. The Services must not be copied, reproduced, or distributed in any manner or any medium without our prior written consent, which will be granted or withheld according to our sole discretion.
The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.
USER CONTENT AND INTELLECTUAL PROPERTY
You agree that all Intellectual Property relating to our Services is owned by or licensed to us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.
Our Services may allow you to create User Content. To the extent that any User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant us a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable license to use, exploit, or modify your User Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your User Content.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any User Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of Galaxy Gourd, LLC, its users, and the public.
All User Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such User Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the User Content posted via the Service, and we cannot take responsibility for such User Content. If you use or rely on any User Content or materials posted via the Service or obtained by you through the Service, it is at your own risk.
UNDER NO CIRCUMSTANCES WILL GALAXY GOURD, LLC BE LIABLE IN ANY WAY FOR ANY USER CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT IN THE SERVICE.
You agree that you are responsible for your use of the Service, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and third parties. You understand that if you do not have the right to submit User Content to the Service, doing so may subject you to liability. Galaxy Gourd, LLC will not be responsible or liable for any use of your User Content by Galaxy Gourd, LLC in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit including all necessary rights to upload your User Content for use in accordance with these terms and conditions.
All User Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such User Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the User Content posted via the Service, and we cannot take responsibility for such User Content. If you use or rely on any User Content or materials posted via the Service or obtained by you through the Service, it is at your own risk.
UNDER NO CIRCUMSTANCES WILL GALAXY GOURD, LLC BE LIABLE IN ANY WAY FOR ANY USER CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT IN THE SERVICE.
You agree that you are responsible for your use of the Service, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and third parties. You understand that if you do not have the right to submit User Content to the Service, doing so may subject you to liability. Galaxy Gourd, LLC will not be responsible or liable for any use of your User Content by Galaxy Gourd, LLC in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit including all necessary rights to upload your User Content for use in accordance with these terms and conditions.
USER ACCOUNTS
Our Services may allow you to create User Accounts. You must provide us accurate information when you create your User Account. Your User Account gives you access to parts of the the Services that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. We may at any time alter, add, or remove functionality from our Services relating to the creation and maintenance of User Accounts.
If you connect a User Account with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You may never use another user’s account without permission.
You are responsible for safeguarding the password that you use to create your User Account or access the Service, and for any activities or actions under your password, whether your password is with Galaxy Gourd, LLC or a third-party service. We encourage you to use “strong” passwords that use a combination of upper- and lowercase letters, numbers, and symbols with your account. You agree not to disclose your password to any third party. Galaxy Gourd, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Galaxy Gourd, LLC immediately upon becoming aware of any breach of security or unauthorized use of your account.
If you connect a User Account with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You may never use another user’s account without permission.
You are responsible for safeguarding the password that you use to create your User Account or access the Service, and for any activities or actions under your password, whether your password is with Galaxy Gourd, LLC or a third-party service. We encourage you to use “strong” passwords that use a combination of upper- and lowercase letters, numbers, and symbols with your account. You agree not to disclose your password to any third party. Galaxy Gourd, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Galaxy Gourd, LLC immediately upon becoming aware of any breach of security or unauthorized use of your account.
VIRTUAL GOODS & CURRENCIES
Our Services may use Virtual Goods and/or Currencies ("Virtual Goods"). These may be acquired through gameplay or purchased with real money via In-App Purchases through the Apple App Store or Google Play Store. You agree that Virtual Goods hold no value outside our Services and cannot be exchanged or traded for real money, goods, or services. You do NOT own Virtual Goods that you acquire, but instead you maintain a limited personal revocable license for their continued use, which can be altered or revoked by us at any time for any reason, including for breaches of these Terms.
We reserve the right to add, modify, or remove the types, relative values, rarity, or any other property of any Virtual Good that exists within our Services at any time for any reason. You agree that such additions, modifications, or deletions do not require advanced notice and do not provide any liability to you. You are NOT entitled to any restitution, reparation, or any other type of Claim as a result of any "loss", "damage", or "devaluation" to or of your Virtual Goods.
If you breach these Terms, we reserve the right to suspend or permanently terminate your User Account, User Content, and/or any Virtual Goods you may have. We will not compensate you for loss of Virtual Goods, nor will we make any refund to you. You may also lose access or ownership of Virtual Goods as a result of any data deletion requests in accordance with our Privacy Policy.
We reserve the right to add, modify, or remove the types, relative values, rarity, or any other property of any Virtual Good that exists within our Services at any time for any reason. You agree that such additions, modifications, or deletions do not require advanced notice and do not provide any liability to you. You are NOT entitled to any restitution, reparation, or any other type of Claim as a result of any "loss", "damage", or "devaluation" to or of your Virtual Goods.
If you breach these Terms, we reserve the right to suspend or permanently terminate your User Account, User Content, and/or any Virtual Goods you may have. We will not compensate you for loss of Virtual Goods, nor will we make any refund to you. You may also lose access or ownership of Virtual Goods as a result of any data deletion requests in accordance with our Privacy Policy.
USER OBLIGATIONS
Galaxy Gourd, LLC is trusted by its users, and we trust you to use our Services responsibly. You agree not to misuse the Services. For example, you must not do nor attempt to do the following things:
We may investigate and/or suspend your account or access to our Services if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Services.
You also agree to comply with any and all applicable third party Terms when using the Services, such as Facebook or Twitter's Terms of Use/Service. You must comply with the Terms of the digital distribution storefront from which you downloaded our Services (i.e. the Apple App Store or the Google Play Store). It is your responsibility to manage your device(s) and your digital content. Galaxy Gourd, LLC will not be responsible for loss or damages arising from you exceeding your data limits or device storage capacity as a result of downloading or using our Services.
- use the Services for any unlawful purposes or for promotion of illegal activities;
- post any Content on the Services in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
- impersonate others through the Services or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
- send unsolicited communications, promotions or advertisements, or spam;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
- use, publicize, or encourage the use of any cheats or exploitative tactics to gain unintended advantage in your use of our Services;
- access, tamper with, or use non-public areas of the Services, Galaxy Gourd, LLC’s computer systems, or the technical delivery systems of Galaxy Gourd, LLC’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
- interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. International users agree to comply with all local laws regarding online conduct and acceptable content.
We may investigate and/or suspend your account or access to our Services if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Services.
You also agree to comply with any and all applicable third party Terms when using the Services, such as Facebook or Twitter's Terms of Use/Service. You must comply with the Terms of the digital distribution storefront from which you downloaded our Services (i.e. the Apple App Store or the Google Play Store). It is your responsibility to manage your device(s) and your digital content. Galaxy Gourd, LLC will not be responsible for loss or damages arising from you exceeding your data limits or device storage capacity as a result of downloading or using our Services.
SERVICES ACCESS
We reserve the right to alter our Services at our sole discretion. We may terminate, update, or modify all of or parts of our Services at any time and for any reason or for no reason. Occasionally, our Services may be unavailable or temporarily disabled due to technical, legal, or maintenance situations. We may perform scheduled or unscheduled maintenance that necessitates the alteration of our Services for a certain period of time.
We will sometimes provide Updates to our services. You agree to download and apply these Updates at the earliest possible time when they become available. Some Services may require you to apply an Update in order to continue using the Service. You may need to occasionally update third party software to continue using or receiving our Services.
Galaxy Gourd, LLC will not be responsible for supporting our Services via tutorials, training, hosting, walkthroughs, infrastructure, or any other external communications. We assume no responsibility for loss or damages as a result of your inability in skillfully using the Services.
We will sometimes provide Updates to our services. You agree to download and apply these Updates at the earliest possible time when they become available. Some Services may require you to apply an Update in order to continue using the Service. You may need to occasionally update third party software to continue using or receiving our Services.
Galaxy Gourd, LLC will not be responsible for supporting our Services via tutorials, training, hosting, walkthroughs, infrastructure, or any other external communications. We assume no responsibility for loss or damages as a result of your inability in skillfully using the Services.
ADVERTISING AND THIRD PARTIES
You acknowledge and understand that our Services may feature advertisements from third parties and/or ourselves. We reserve the right to alter, remove, or add advertisements to any part of our Services, including parts that may not currently feature advertising in any form. You must also understand that we are not responsible for the content of any third party advertisements, linked websites, or other external content that may be accessible from our Services as a result of our advertising implementation.
WE PROVIDE INFORMATION ABOUT YOU TO SOME THIRD PARTY ADVERTISERS AND OTHER SERVICE PROVIDERS IN ACCORDANCE WITH OUR PRIVACY POLICY.
We use other third party services such as digital storefronts (i.e. the Apple App Store and the Google Play Store), analytics aggregators (such as Unity Analytics), and User Accounts providers/hosts (such as Google Firebase). Your use of these third party services may be subject to separate Terms; when your data is provided to third parties, it is provided in accordance with their privacy policy. Our Privacy Policy does not apply in relation to such data.
WE PROVIDE INFORMATION ABOUT YOU TO SOME THIRD PARTY ADVERTISERS AND OTHER SERVICE PROVIDERS IN ACCORDANCE WITH OUR PRIVACY POLICY.
We use other third party services such as digital storefronts (i.e. the Apple App Store and the Google Play Store), analytics aggregators (such as Unity Analytics), and User Accounts providers/hosts (such as Google Firebase). Your use of these third party services may be subject to separate Terms; when your data is provided to third parties, it is provided in accordance with their privacy policy. Our Privacy Policy does not apply in relation to such data.
SECURITY
Data transmission over remote connections can never be guaranteed to be completely secure; while we use industry-standard practices to ensure the safe transmission and retrieval of your information, we cannot guarantee its security. In the event of an unauthorized security breach relating to user information, we will notify you and take reasonable steps to ensure resolution.
We do not accept responsibility for any damage to your Accounts or Devices which may occur as a result of using our Services.
We do not accept responsibility for any damage to your Accounts or Devices which may occur as a result of using our Services.
PRIVACY
You must agree to the conditions set forth in our Privacy Policy. If you do not, you should not use our Services.
NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GALAXY GOURD, LLC AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IF YOU DOWNLOADED OUR SERVICES FROM THE IOS APP STORE, IN THE EVENT OF ANY FAILURE OF OUR SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.