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 https://forsbit.com/).
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.
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”).
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 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.
You agree that you will not, under any circumstances:
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;
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
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
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.
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
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 [email protected] 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
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.
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.
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.
Applicable Law; 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.
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.
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.
Copyright © 2020, FORSBIT LLC and its licensors. All rights reserved.