Tiny Realms Terms of Use

TINYMOB GAMES INC. (“TINYMOB”/”WE”/US”) OWNS AND OPERATES THE TINY REALMS MOBILE APPLICATION GAME (“GAME”) AND THE WEBSITE LOCATED AT HTTP://WWW.TINYREALMSGAME.COM/ (“WEBSITE”), AND ANY RELATED SERVICES (COLLECTIVELY THE “SERVICES”).  PLEASE READ THESE TERMS OF USE TOGETHER WITH OUR PRIVACY POLICY (“TERMS”) CAREFULLY. BY USING THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE SERVICES OR ANY OF THEIR CONTENT OR FEATURES.  THESE TERMS ARE SUBJECT TO CHANGE AND YOUR USE OF THE SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW FEATURES ADDED TO THE SERVICES WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE.  YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS.  IF YOU ARE UNDER THE AGE OF 18 YOUR GUARDIAN MUST READ AND ACCEPT THESE TERMS ON YOUR BEHALF.

GAMING & CONDUCT RULES

The Services are provided based on community, fairness, integrity and fun so please follow the rules and have fun! This section of the Terms sets out the rules around creating accounts, in-game features, and prohibited behaviour.

User Accounts.  In order to play our Game and use our forums, you must download the mobile application and you may also choose to register for an account.  You may login using your Apple Game Center or Facebook credentials or any other social media accounts indicated by us from time to time.  If you use a third party social media provider such as Facebook to log into your account, you must also adhere to the terms and conditions of such third party provider.  Each user is limited to a single account.  The Game is provided free of charge, however users may make in-application purchases.  By making an in-application purchase, you represent and warrant that you are an authorized user of the credit card you are using and you have the necessary authority to make the purchase that you are making.  

Virtual Goods.  The Game may include virtual in-game currency (“Virtual Currency”) and/or virtual in-game digital items (“Virtual Items”), (together “Virtual Properties”).  Virtual Properties are managed and controlled by us and may be eliminated or modified from time to time at our sole discretion.  You do not own the Virtual Properties that you have purchased, rather what you are purchasing is a limited right to use Virtual Properties.  Virtual Properties may be purchased from us for real money if you are of legal age in your country of residence or have parental consent to do so.   

The following terms apply to Virtual Properties:

(a) All sales of Virtual Properties are final and no refunds will be given for purchases made;

(b) If you purchase Virtual Currency, you will have 30 days to spend it on Virtual Items; afterwards, such Virtual Currency may be deemed expired at our sole discretion, and may be removed from your balance;

(c) You cannot transfer Virtual Properties unless clearly permitted in a specific Game;

(d) Virtual Properties cannot be redeemed for “real world” money, goods or other items of monetary value from us or any other person and you are not entitled to transfer or sell Virtual Properties to third parties;

(e) Prices and availability of Virtual Properties are subject to change without notice. We shall have no liability to you or anyone for the exercise of such rights;

(f) We are under no obligation to continue hosting the Game just because you have purchased Virtual Properties and your right to Virtual Properties within a Game will end if your account is terminated or suspended or we discontinue a Game or portions of a Game. 

If you purchase Virtual Properties through our Website or in the Game, you will be required to provide us with payment information.  When you provide payment information to us (or our service providers), you represent and warrant that you are the authorized holder of that information or you are entitled to provide those details by your parent or guardian.  You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account.

General Conduct & Prohibited Acts.  In particular, the following activities are against our rules and policies and you are not permitted to:

(a) Use the Game if you are a minor unless you have received permission from your guardian.
(b) Select a name for your character which is disrespectful to other users.
(c) Use Bots, Hacks or Exploits in the Game or engage in any other conduct prohibited in our Rules and Policies;
(d) Accuse other users of cheating through any communication channels within the Game. This includes the forums, players’ comments wall, player status messages, (e) and chat. If you do suspect another player of cheating and have substantiated evidence, please notify us directly by filling out our contact form.

a.     upload, post, email, transmit or otherwise make available:
on the Services any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, sexually-explicit, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
b.     any material that infringes any intellectual or other proprietary rights of any party (including privacy and publicity rights);
c.     any material that you do not have a right to make available;
d.     any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive (e.g. impersonating another user or our staff, or any material that could damage or harm minors in any way;
e.     any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
f.     any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Services or that of any users or viewers of the Services or that compromises a user’s privacy,

(f) interfere with or disrupt the Services (including any security-related features) or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
(h) resell the content of the Services, the use of the Services or access to the Services or the content of the Services;
(i) share your password with a third party or encourage another user to do so;
(j) misrepresent the source, identity, or content of information transmitted via the Services, (such as claiming a created work as your own that is not actually yours);
(k) use or encourage others to use the Services for any illegal or inappropriate purpose (such as sharing accounts – all accounts are for one user only);
(l) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
(m) modify the Services for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Services;
(n) attempt to circumvent our language filters which are in place to prevent derogatory remarks; or
(o) engage in any other conduct otherwise prohibited by these Terms.

Action by TinyMob.  We reserve the right to remove any content that in our sole discretion we deem inappropriate.  Without limiting the foregoing, any of the prohibited activities set out above may result in the deletion of your post or thread (if applicable to chat/forum use) and may result in your account being temporarily or permanently limited, blocked, suspended or terminated, depending on the severity of the violation, or any other sanctions TinyMob deems appropriate.

Availability.  TinyMob may alter, suspend, or discontinue the Services at any time and for any reason without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  TinyMob may periodically add to or update the information and materials on the Services without notice. TinyMob reserves the right to change and update the Game as and when TinyMob wishes to or deems it necessary.

INTELLECTUAL PROPERTY, OWNERSHIP AND CONTENT RULES

TinyMob values and protects IP.  This Section of the Terms sets out details of ownership of information and technology used or provided through the Services.

Copyright and Trademark Information.  The Services, and the information and materials that it contains, are the property of TinyMob and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws.  All TinyMob product names and logos are trademarks or registered trademarks of TinyMob Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.  Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any materials displayed on the Services through the use of framing or otherwise, except with the prior written permission of TinyMob.  

Feedback & Suggestions.  If You provide TinyMob with any suggestions, comments or other feedback (“Feedback“), TinyMob may use such Feedback in the Services or in any other TinyMob products or services. Accordingly, you agree that: (a) TinyMob is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to TinyMob, (c) TinyMob (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from TinyMob or any of the other users of the Services.

Content.  All information, data, messages or other materials, whether publicly posted or privately transmitted to the Services, is the sole responsibility of such viewers or users. TinyMob does not control such content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable.  

Partner Terms of ServiceTinyMob abides by the terms of service of our platform partners.  Please be aware of their terms and do not violate them as doing so may result in being banned from using the Services.

LIABILITY AND RISK TERMS

In order to make the Services available to you, TinyMob must limit its liability as set out in these Terms. 

Release. Because TinyMob does not supervise or control the interactions among or between members of TinyMob and other persons or companies, and because TinyMob does not control credit card companies or other payment processing companies, and because TinyMob cannot guarantee the true identity or age of users of the Services, and because TinyMob has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Services you agree that you bear all risk and you agree to release TinyMob (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages arising out of or in any way connected with your use of the Services or any third party transactions. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

DISCLAIMER.  THE INFORMATION AND MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS.”  TINYMOB DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE SERVICES ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TINYMOB SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  TINYMOB DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES OR IN RESPECT TO ANY SERVICES THAT CAN BE REACHED FROM A LINK ON THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SERVICES, AND TINYMOB SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TINYMOB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE SERVICES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SERVICES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.  THESE LIMITATIONS SHALL APPLY EVEN IF TINYMOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION.  YOU SHALL INDEMNIFY AND HOLD TINYMOB AND ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY LAWS OR ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

GENERAL TERMS

This section sets out other useful information and legal terms you should be aware of when using the Services.

Links to Third-Party Services.  The Services may contain links to other services that are not owned or controlled by TinyMob.  TinyMob is not responsible for the content of any linked services.  Any third-party services, or services accessed from the Services, are subject to the terms and conditions of those services, and you are responsible for determining those terms and conditions and complying with them.  

Termination.  TinyMob may, under certain circumstances and without prior notice, immediately terminate your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or any other agreement that you may have with TinyMob (including, without limitation, non-payment of any fees owed in connection with the Services), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities.  Termination of your access to the Services may also include removal of some or all of the materials uploaded by you to the Services.  You acknowledge and agree that all terminations may be made by TinyMob in its sole discretion and that TinyMob shall not be liable to you or any third-party for any termination of your access to the Services.  In the event that your account is terminated or cancelled by you or by TinyMob, no refund will be granted and you will no longer have access to Services.  Any termination of these Terms by TinyMob shall be in addition to any and all other rights and remedies that TinyMob may have.

Security.  Information sent or received over the Internet is generally unsecure and TinyMob cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.

Enforceability.  If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  The failure of TinyMob to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by TinyMob must be in writing and shall only apply to the specific instance identified in such writing.  

Disputes. You agree that any action at law or in equity arising out of, or relating to, these Terms or TinyMob will be filed only in British Columbia, and you hereby consent and submit to the personal and exclusive jurisdiction of British Columbia courts for the purposes of litigating any such action. TinyMob does not get involved in player to player disputes. Our focus is to make the game as fair and balanced as possible and we are committed to doing this on an ongoing basis.

Updates.  TinyMob reserves the right, at any time, to modify, suspend, or discontinue the Services, the Service content, or any part thereof with or without notice. You agree that TinyMob will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Service content.

Entire Agreement.  These Terms, together with our Privacy Policy constitutes the entire agreement between the parties relating to the Services and all related activities.  These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by TinyMob.

Should you have any questions or concerns regarding these Terms, please contact us at contact@tinymobgames.com.

Last Updated: June 4, 2014