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Term Of Service

These Terms of Service ("Terms") cover all use of GingerSun Games ("we", "us", or "our") mobile and PC software applications ("apps") and site. Your ("users" or "you") use of our apps and site are also governed by our Privacy Policy. Users under 18 represent that their legal guardian has agreed to the Terms and Privacy Policy. Our apps feature chat functionality and collect data to allow users to interact with each other, so to comply with the Children’s Online Privacy Protection App (COPPA), it should not be used by users under age 13. If you access any of our apps, you represent that you are at least age 13 or older. If you use any social networking services in conjunction with our site or apps, such as Facebook or Google+, you must agree to their Terms of Service as well.

By installing our apps, browsing our site, or in any way using our apps or site, you agree to these Terms. If you do not agree with these Terms, please do not use our apps or site.

We may update the Terms and Privacy Policy at any time. We'll post the updated Terms on our site. If you continue to use our apps or site after these changes, you represent that you agree to the new Terms and Privacy Policy. Please do not continue to use our apps and site if you do not agree to the updated Terms and Privacy Policy.

License


Subject to your compliance with the Terms, GingerSun Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable limited license to use our apps and site solely for your personal non-commercial use, subject to the limitations below. You may not use our apps or site for any other purpose. You agree to restrict use by minors, and not allow children under age 13 to access it. You are fully responsible for unauthorized use by minors. You are responsible for any purchases made by minors using your credit card or other payment methods. When you first launch one of our apps, you create an account. You are responsible for the confidentiality of your account and anything that happens through it, including any purchases made with your account, whether or not they were authorized by you. We have the right to change a username that you have selected in our game for any reason, for example, if it is deemed offensive. We support only account per game per compatible device. You agree to follow the Code of Conduct below.

Code of Conduct


You agree not to


1. copy, modify, reverse engineer, disassemble, decompile, license, sell, distribute, or otherwise exploit any materials (including our source code) or any portion of our apps or site.
2. use, create or distribute any software designed to modify our apps or site.
3. exploit any bugs in our apps to give you an unfair advantage, or inform other users of these exploits.
4. cheat or do anything we think isn’t in the spirit of how our apps or site are intended to be used.
5. encourage others to hack our apps or site.
6. impersonate any other users or a GingerSun Games representative.
7. attempt to gain unauthorized access to another user’s account.
8. attempt to hack or overburden our servers or otherwise disrupt our apps or site.
9. upload viruses, Trojans, worms, or anything else to disrupt our apps or site.
10. post or distribute anything abusive, pornographic, obscene, harmful to minors, or offensive.
11. post or distribute any copyrighted material, trade secrets, or anything that infringes on third-party privacy policies.
12. post anything encouraging illegal activity.
13. spam the chat functionality, excessively use all caps, or do anything to compromise the chat functionality for our users.
14. publish any falsehoods about us that may damage us.
15. post advertisements in our apps or site without permission.
16. collect information from other users without their consent (like their password).
17. sell, rent, or transfer your account.
18. make false reports to GingerSun Games.
19. use our apps or site in any way that violates any applicable local, state, national, or foreign law.
20. create liability for GingerSun Games.

Suspension or Termination


GingerSun Games reserves the right to decide what violates the Terms, and we may take action if we suspect you are not in compliance with our Terms. Such actions include suspension, modification, or banning your account, as well as taking legal action. If we ban your account for any of our apps, you may not make another account for any of our apps. You may lose your username, purchased items, or other progress in our apps as a result of such action, and we’re not obligated to compensate you for any loss. We may also terminate accounts that have been inactive for 180 days.

Ownership


All rights, title, and interest in and to our service (including without limitation any games, source code, titles, characters, text, graphics, images, sounds, and musical compositions) are owned by GingerSun Games. GingerSun Games reserves all rights, including without limitation, all intellectual property rights, in connection with its service. You agree not to license, sell, rent, distribute, copy, edit, publish, reproduce, or make a derivative work from our materials or content.

User Submitted Content


Some of our apps allow users to submit or post information (such as the chat functionality). Users grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to display, distribute, and reproduce the content. Except as prohibited by law, you waive any rights of attribution you may have in your user content. Users affirm that they possess the necessary licenses and permits to authorize GingerSun Games to use this content. You affirm that any content you distribute through our apps or site is truthful and free of viruses. We have the right to delete or edit anything you post within our apps or site. Other users may be able to see content that you post, so don’t post anything you want to keep confidential. We are not responsible for another user taking credit for anything you post. We assume no responsibility for the conduct of our users, and we are not responsible for monitoring all posted content. We may monitor user-submitted content at our discretion, but you bear the risk of being exposed to inappropriate user-submitted content when using our apps and site.

User Interactions


You are responsible for your interactions with other users in our apps or site. We have the right, but not the obligation, to get involved and work out a dispute. You agree to help us resolve any inappropriate activity. You release us from any claims, demands, or damages involving such disputes.

Purchases


In our apps, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency (such as gems), in-game items, or other in-game content. We have the right to regulate, modify, or remove any virtual items at our discretion, with or without notice. {{brand_company_name}} does not have any liability if we exercise this right. Virtual goods are not transferable. All purchases within our apps are final and non-refundable. You are responsible for anyone who makes a purchase using your account. You agree to pay all fees and applicable taxes for purchases made through your account. Virtual goods cannot be exchanged for real-world money. You agree to update your payment information promptly, as necessary.

Ads


Some of our apps or site might display advertisements. These third-party vendors may offer goods that involve fees or engage in other activities that are out of our control. We are not responsible for their content, services, or practices.

Security


We value security and make a reasonable effort to protect your account and all of your data. We cannot guarantee that your data is perfectly secure, as this is impossible for any company.

Warranty Disclaimer


This service is provided “As Is” without any warranties of any kind. GingerSun Games makes no warranty that the service is free of viruses or other malware, that the service will always be available in a given place or at a given time, that the service will be error-free, or that the service will meet the user’s requirements.

Limitation of Liability


To the maximum extent permitted by law, GingerSun Games will not be liable for any claim, damage, cost, liability, or loss of any kind arising from or relating to the inability to use our apps or site or the loss of any user data, including but not limited to progress, virtual currency, or in- game items. We will not be liable for any indirect, incidental, consequential, punitive, or other similar damages, including but not limited to loss of revenues, losses of profits, or other intangible losses. GingerSun Games will not be liable to you for more than you have paid GingerSun Games in the 6 months preceding your first claim. If you have not paid us anything, you have no recourse other than to stop using our services and cancel your account.

Indemnification


You are responsible for your actions within our apps and site. You agree to indemnify, defend, and hold GingerSun Games harmless from any claim, liability, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from your use of our apps or site, or any breach by you of these Terms.

Trademarks


GingerSun Games trademarks and trade dress may not be used in connection with any product or service that is not GingerSun Games in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits GingerSun Games. All other trademarks not owned by us, that appear in our apps or site are the property of their respective owners, who may or may not be affiliated with GingerSun Games.

Force Majeure


GingerSun Games is not liable for any delay or failures related to unforeseen circumstances beyond our control, including war, terrorism, acts of God, fire floods, accidents, strikes, and other unanticipated events.

No Waiver


If we fail to enforce a part of the Terms or Privacy Policy, that does not constitute a waiver of any obligation to comply with these documents.

Severability


If a court finds any portion of the Terms or Privacy Policy illegal or unenforceable, the rest of these documents are still valid and in full force and effect.

Contact Us


If you have any question about our Term Of Service, you can contact us

By Email

contact@gingersungames.com