Forsbit LLC Terms of Use.

ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH FORSBIT LLC (“FORSBIT”) AND USE OF APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE FOLLOWING TITLES “15 PUZZLE CHALLENGE,”  “MONSTER RUN,” “SUDOKU,” “GOLF SOLITAIRE CARD GAME,” AND “MAHJONG SOLITAIRE CLASSIC”) AND/OR THE WEBWEBSITE (CURRENTLY LOCATED AT HTTP://FORSBIT.COM/).

YOU MAY USE THE WEBSITE AND APPLICATIONS ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND APPLICATIONS. USING THIS WEBSITE AND/OR APPLICATIONS INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS WEBSITE AND/OR APPLICATIONS. 

Acceptance of Terms of Use

FORSBIT makes this Website, including all information, graphics, documents, text, products and all other elements of the Website, and all Applications that can be downloaded through either Apple Store or Google Play and links to which are located on this Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, use of any FORSBIT’s Applications you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein. If you do NOT agree to all these Terms of Use, you should NOT use this Website and/or Applications. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website and/or Application, which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

The following restrictions and conditions apply to the use of Applications and creating and maintaining the Account (as such term defined below): 

a. You shall not create an account in connection with the Website and/or Applications (an “Account”), or access Applications if you are under the age of 13;

b. You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Applications by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g., PayPal and Facebook Credits) by minors;

c. You shall not have an Account or use Applications if you have previously been removed by FORSBIT or previously have been banned from playing any FORSBIT’s Applications;

d. You shall not use Applications if you are located in a country embargoed by the United States or if you are a resident of any nation that is on the U.S. Treasury Department’s list of Specially Designated Nationals.

e. You shall use your Account only for non-commercial purposes;

f. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;

g. You shall not use your Account to engage in any illegal conduct; and

h. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without FORSBIT’s written permission; 

i. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without FORSBIT’s consent.  

Notwithstanding the foregoing, FORSBIT may refuse to provide Applications to any person for any reason or no reason whatsoever.

These Terms of Use may be amended by FORSBIT upon notice given by one or more of the following means: through the Website at or after you login to your Account, by the email communication to the address provided by you when you setup your Account, or by written mail communication to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not avail you from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. 

In addition, specific terms and conditions may apply to specific content, products, materials, Applications or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

FORSBIT reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. FORSBIT reserves the right to terminate or restrict your access to the Website for any reason whatsoever at its sole discretion. 

Description of Applications

Through use of your personal computer or other electronic mobile devices (“Device”) and this Website you may play FORSBIT’s games and use related Applications available on the Website (“Applications”). 

Account Information

When creating or updating your Account, you may be required to provide FORSBIT with certain personal information, including but not limited to your name, birth date, gender, e-mail address, mailing addresses, location, login and password. This information will be held and used in accordance with FORSBIT Privacy Policy located at: http://forsbit.com/privacy-policy. You agree that you will supply accurate and complete information to FORSBIT, and that you will update such information promptly.

You hereby acknowledge and agree that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo.

During the Account setup process, you may be required to select a specific username and password (“Login Information”). The following rules govern the security of your Login Information:

a. You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;

b. 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 FORSBIT and modify your Login Information;

c. 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; and

d. You are solely responsible for any unauthorized use of your Account.

FORSBIT 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 your username violates such third party’s rights.

Warranties and disclaimers

ALL CONTENT AND APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FORSBIT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT. FORSBIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. FORSBIT DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FORSBIT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. 

The use of the Applications through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your Device, loss of data, or other harm that results from such activities. FORSBIT assumes no liability for any computer virus or other similar software code that is downloaded to your Device from the Website or in connection with any Applications or products offered through the Website. No advice or information whether oral or written, obtained by you from FORSBIT or from the Website shall create any warranty not expressly stated in the terms of use. 

The Website may contain references to specific FORSBIT games and Applications that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or Applications shall be available at any time in any particular country or Device. 

IN NO EVENT SHALL FORSBIT OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, APPLICATIONS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF FORSBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST FORSBIT PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO FORSBIT IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES. 

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Limitations

Any use of the Applications in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Applications and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE APPLICATIONS INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY FORSBIT GAME OR THE WEBSITE IS A VIOLATION OF FORSBIT POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.

You agree that you will not, under any circumstances:

a. Engage in any act that FORSBIT deems in its reasonable discretion to be in conflict with the spirit or intent of the Applications, including but not limited to circumventing or manipulating these Terms of Use, our game rules, game mechanics or policies;

b. Make improper use of FORSBIT’s Applications, including, without limitation, by submitting false abuse reports or using profane and abusive language in your communications with our personnel; or

c. Use the Applications, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Applications or any FORSBIT game experience;

e. Use the Applications in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Applications or any FORSBIT game experience;

f. Without FORSBIT’s express written consent, modify or cause to be modified any files that are a part of the Applications;

g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Applications, Website or any FORSBIT game environment (each a “Server”); or (2) the enjoyment of the Applications or any FORSBIT game by any other person;

h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of Applications attacks upon the Applications, or other attempts to disrupt the Applications or any other person’s use or enjoyment of the Applications; or

i. Attempt to gain unauthorized access to the Applications, Accounts registered to others or to the computers, Servers, or networks connected to the Applications by any means other than the user interface provided by FORSBIT, 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 Applications;

j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

l. Make available through the Applications 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 FORSBIT employee;

m. Use the Applications or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;

n. Use the Applications or any part thereof for performing in-game Applications, such as power-leveling and item collection Applications, in exchange for payment outside the Applications; or

o. Transmit unauthorized communications through the Applications, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; 

p. Interfere or attempt to interfere with the proper functioning of the Applications or connect to or use the Applications in any way not expressly permitted by these Terms of Use;

r. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Applications or that is in transit from or to the Applications, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Applications to store information about FORSBIT game characters, elements, or environment. FORSBIT may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Applications, whether through the use of a network analyzer, packet sniffer or other device;

t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

u. Bypass any robot exclusion headers or other measures FORSBIT employs to restrict access to the Applications or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Applications, or harvest or manipulate data;

v. Use, facilitate, create, or maintain any unauthorized connection to the Applications, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Applications; or (2) any connection using programs, tools, or software not expressly approved by FORSBIT;

w. Except where permitted by law or relevant open source licenses, 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 Applications, or to obtain any information from the Applications using any method not expressly permitted by FORSBIT; or

x. Copy, modify or distribute rights or content from any Website or game, or FORSBIT’s copyrights or trademarks or use any method to copy or distribute the content of the Applications except as specifically allowed in these Terms of Use;

y. Solicit or attempt to solicit personal information from other users of the Applications;

z. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Applications; or

aa. Upload or transmit or attempt to upload or transmit, without FORSBIT’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

Term and Termination

The term of this Terms of Use (“Term”) shall begin when you start using this Website and/or Applications and shall continue in perpetuity unless otherwise terminated by FORSBIT by written notice. FORSBIT expressly reserves the right to change, suspend or discontinue access to all the Applications or portion thereof, at any time, and may terminate your use of the Applications at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.  Upon any termination or expiration of these Terms of Use, you must immediately cease using the Applications including without limitation any use of FORSBIT’s trademarks, trade names, copyrightsand other intellectual property.

WITHOUT LIMITING ANY OTHER REMEDIES, FORSBIT MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE APPLICATIONS OR PORTIONS THEREOF IF YOU ARE, OR FORSBIT REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE APPLICATIONS, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA/AVATAR 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 APPLICATIONS, AND FORSBIT 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 APPLICATIONS AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND WEBSITES, AND THEIR CONTENT, APPLICATIONS AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE APPLICATIONS 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.

FORSBIT reserves the right to stop offering and/or supporting the Applications or a particular game or part of the Applications at any time either permanently or temporarily, at which point your license to use the Applications or a part thereof will be automatically terminated or suspended. In such event, unless such suspension or termination is caused by FORSBIT’s grossly negligent or willful acts, FORSBIT shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Applications.

Termination of your Account can include disabling your access to the Applications or any part thereof including any content you submitted or others submitted.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE APPLICATIONS IN ANY WAY.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO FORSBIT IN CONNECTION WITH THIS WEBSITE AND/OR APPLICATIONS IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF USE; (iii) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF USE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT  (“USER MATERIALS”)  THAT YOU MAKE AVAILABLE TO FORSBIT OR OTHER END USERS OF THE WEBSITE AND THAT IS NOT PROVIDED BY FORSBIT, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES. 

This Website and Applications may provide links to other websites and/or products that are not under the control of FORSBIT. FORSBIT shall not be responsible in any way for the content of such other websites and/or products. The inclusion of any link to any such website and/or product does not imply endorsement by FORSBIT of such websites and/or product. 

Third Party Materials

In order to use this Website and/or Applications, you may need to obtain and/or use certain third-party products (i.e. Device), Applications and/or materials (e.g., third party software development kit embedded in the Applications) (“Third Party Materials”).  Third Party Materials are (i) not licensed hereunder; (ii) not under FORSBIT’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials, as applicable, and prior to the effective use of this Website and/or Applications.  The list of such Third Party Materials may be provided by FORSBIT upon written request. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.

Intellectual Property

You hereby expressly agree that all rights, title, and interest in and toall intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Website and/or Content (including but not limited to Software, Applications, audio, video, text and photographs) rests with FORSBIT and/or its licensorsFORSBIT and/or its licensorsare the sole and exclusive owners thereof. All rights in the Website and/or Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website and/or Content, its products or Applications except as expressly authorized herein. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only.Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of FORSBIT is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions. 

FORSBIT hereby disclaims any rights to trademarks, Applications marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners.FORSBIT disclaims any proprietary interests in the intellectual property rights other than its own. 

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FORSBIT’s Copyright Agent at contact@forsbit.com the written information specified below. Please note that this procedure is exclusively for notifying FORSBIT and its affiliates that your copyrighted material has been infringed. 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
  • A description of the copyrighted work that you claim has been infringed upon; 
  • A description of where the material that you claim is infringing is located on the Website, including the auction ID number, if applicable; 
  • Your address, telephone number, and e-mail address; 
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Software

Certain software of FORSBIT and its licensors made available for downloading in connection with this Website and/or Applications (the “Software”) . Subject to your compliance with these Terms of Use, FORSBIT grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to install and use the Software on computers or mobile devices owned or controlled by you, solely to use the Applications. Both the Software and any accompanying documentation made available to you is the copyrighted work of FORSBIT or its licensors, as applicable. Except as set forth in the applicable End User License Agreement, the Software is made available for use by you only and any further copying, reproduction or redistribution of the Software is expressly prohibited. 

You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work or otherwise reverse engineer, or transfer the licensed program, or any subset of the Website and/or Applications, except as expressly authorized herein or in the applicable license agreement. Any such unauthorized use shall result in immediate and automatic termination of your license to use this Website and, as applicable, of the license for FORSBIT’s Software and Applications and may result in criminal and/or civil prosecution. 

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE, PRODUCTS AND APPLICATIONS SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. FORSBIT HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE. 

Without limiting the foregoing, FORSBIT makes no warranty that: the Applications and products will meet your requirements; the Applications and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Applications or materials will be effective, accurate, or reliable; the quality of any Applications or products purchased or accessible by you through the Website will meet your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its Applications or products, will be corrected. 

Virtual Items

You understand that while at times you may “earn” ”buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, currency, cash, tokens, or points, all for use in the Applications; or (b) virtual in-game items (together, “Virtual Items”); these real world terms are only being used as a shorthand descriptions of virtual items and shall have no cash value. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency, any property or their equivalent but you may acquire or purchase a limited license to use the Applications, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Use shall be deemed a completed transaction upon receipt of your direct payment or redemption of an FORSBIT game card or a third party virtual currency . Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value or monetary value, but instead constitutes a measurement of the extent of your license.

FORSBIT is the owner, licensee or a holder of necessary rights to use all of the content that appears in the Applications. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Applications, including without limitation the Virtual Items appearing or originating in any FORSBIT game, whether “earned” in a game or “purchased” from FORSBIT, or any other attributes associated with an Account or stored on the Applications.

FORSBIT prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Applications, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Applications, unless otherwise expressly authorized by FORSBIT in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without FORSBIT’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

Purchases 

In the Applications via Apple App Store or Google Play, as applicable, you may purchase, with “real world” currency a license to use Virtual Items and or other goods or Applications. You may also obtain a license to use Virtual Items by redeeming third party virtual currency, such as Facebook Credits.

Purchases or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable.

Information Provided By You/Feedback

User Materials will be treated as non-confidential and non-proprietary, and immediately become the property of FORSBIT, subject to any privacy policies posted on this Website. FORSBIT may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials. 

Indemnification

You hereby agree to indemnify and hold harmless FORSBIT, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by User Materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.

Applicable Law; Arbitration

You acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).

You and FORSBIT irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in Washington, DC for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any Applications that are heard in court (not arbitration).

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FORSBIT AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST FORSBIT. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST FORSBIT BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.

Scope of Arbitration Provision. You and FORSBIT agree that any dispute, claim or controversy arising out of or relating to your access to or use of any FORSBIT Application or to these Terms of Use, (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a “Dispute”), no matter when such Dispute arose or arises, shall be determined by arbitration, except that you and FORSBIT are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Location of Arbitration and Applicable Rules. You and FORSBIT agree that such arbitration shall occur in Washington, D.C. You may request to appear in such proceedings telephonically. You and FORSBIT agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service (“JAMS”), as modified by these Terms of Use.

Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

Confidentiality. You and FORSBIT shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND FORSBIT WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND FORSBIT ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

If any portion of this section entitled “Dispute Resolution by Binding Arbitration” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

Severability

If any part of these Terms of Use is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

California Notice

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

Queries regarding these Terms of Use

Questions regarding the Website or these Terms of Use may be submitted to contact@forsbit.com. Please also have a look at our Online Privacy Policy. 

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