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Terms of Use Agreement For Games

1. About these Terms

1.1. This Terms of Use Agreement creates a legal agreement between You (“You” or “Your”) and "The Naked Developer" of Bedfordshire, United Kingdom, and our business affiliates and partners (“We”, “Us” or “Our”) in relation to our game that is made available on Facebook / Distributed Platforms or Mobile (the “Game”). You agree that by accessing and/or playing the Game, You are agreeing to Our Terms.

1.2. By accessing, activating or using the Game, or creating an account (whether through a third party such as Facebook), You agree to be bound by these Terms and agree to Our collection, use and storage of certain personal information about You as outlined in Our Privacy Policy located on our website.

1.3. You represent and warrant to Us that You have read and understood these Terms; and You are at least 13 years of age; and You are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms. You agree that if You are between 13 years and 18 years old, Your legal guardian has reviewed and consents to these Terms of Use and consents to Your use of the Game.

2. Privacy

Any Personal Information submitted through the Game or indirectly through Facebook by You is subject to Our Privacy Policy, which is incorporated herein by reference. Please review Our Privacy Policy to understand Our practices with respect to your personal information. This information may include Your name; Your gender and birthday; biographic details that You provide; Your profile picture; Your Game or Facebook user ID number and the user ID numbers of Your friends; data made available by You and Your friends; and Your location and the location of the devices You use to access the Game (hereinafter “Personal Information”). In addition, in order to access the Game, You may be required to connect to the Game through your Facebook account. Any actions You take while on Facebook and any information You share with Facebook will be subject to Facebook’s Terms of Use Agreement and Privacy Policy.

3. Accounts

In order to participate in or receive certain portions of the Game, You may be required to create an account with Us (“Account”) and You may also be required to maintain an account with a third-party social networking site (such as Facebook) through which You will access the Game, or with the applications provider for your supported mobile phone or device.

Your Account is for your individual, personal and non-commercial use only, and You may not authorize others to use your Account for any purpose. In creating your Account, You certify that all information You provide is complete and accurate. You agree to update your information when required or requested, and You further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and You agree to accept sole responsibility for all activities that occur under your Account or password. You agree to notify Us immediately of any breach of security or unauthorized use of your Account or any violation of this Terms by others of which You are aware.

4. Email Notices

By providing Us Your email address You consent to Our using your email address to send You Game-related notices. We may also use your email address to send You other messages, such as changes to features of the Game and special offers. If You do not want to receive these email messages, You may opt out by changing the Privacy Settings of Facebook or by using the unsubscribe option in the applicable email. If You are interested in opting out of any of the uses of Your information, please email us at info@thenakeddeveloper.com

5. Our Proprietary Rights

We and Our Licensors retain exclusive ownership of the Game and all content and materials developed or provided by You in connection with the Game, and all related intellectual property rights. Subject to your full compliance with this Terms of Use Agreement, We hereby grant You a limited, non-exclusive, revocable, personal and non-transferable license to access and use the Game for your personal, non-commercial use. We reserve for ourselves and our Licensors all right, title and interest in and to the Game, subject only to the limited license granted to You above. In addition, We reserve the right to terminate this license at any time.

6. User Guidelines and Restrictions; Prohibited Content

You agree that You will not in connection with Your use of the Game:

(a) Abuse or harass any other user, member or person;

(b) Collect or store personally identifying information about other users for commercial or unlawful purposes;

(c) Impersonate any person or entity;

(d) Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Game;

(e) Engage in any activity which may compromise the stability or availability of the Game or use the Game to compromise the availability or stability of any third-party site or service;

(f) Use the Game for any unsolicited advertising or promotions;

(g) Use automated means, including spiders, robots, crawlers or the like to download data from the Game or any related server or database;

(h) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Game, or any portion thereof;

(i) Circumvent any security measures or any payment collection methods employed in or through the Game, or access or use the Game in the event Your Account, or Your access, is terminated or suspended by Us;

(j) Upload, post, email, otherwise transmit or post links to any content or material, or select any member or user name or email address, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;

(k) Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates this type of infringement;

(l) Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Game or any third party software, site, equipment or service;

(m) Upload, post, email, or otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation, or which We deem improper in accordance with Our guidelines and policies;

(n) By-pass the measures We may use to prevent or restrict access to the Game, including but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Game or the content therein; or

(o) Rent, lease or sublicense the Game.

7. Virtual Currency and Goods

Certain aspects of the Game may allow You to obtain points, data or other fictional property representing virtual achievements (“Virtual Property”). You understand and agree that regardless of the terminology used, Virtual Property represents a limited license right governed solely by the terms of this Terms of use Agreement and available for distribution at Our sole discretion. Virtual Property is not redeemable for any sum of money or monetary value from Us or any other person at any time. You acknowledge that You do not own the Account You use to access the Game, nor do You possess any rights of access or rights to data stored by Us or on Our behalf on any servers, including but not limited to, any data representing or embodying any or all of your Virtual Property. You agree that We have the absolute right to manage, regulate, control, modify and/or eliminate Virtual Property as We see fit in Our sole discretion. All data on Our or Our business partners’ servers are subject to deletion, alteration or transfer.

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH VIRTUAL PROPERTY OR DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY VIRTUAL PROPERTY, DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON OUR SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.

8. Paid Services & Billing Policies

8.1. Fees and Billing: Certain aspects of the Game may be provided for a fee or other charge. If You elect to use paid aspects of the Game, You agree to the terms of sale, pricing, payment and billing policies applicable to these fees and charges, which will be provided at the time You make the applicable purchase. We may add new services for additional fees and charges, however, We will not charge You additional fees unless You elect to purchase these new services. In addition, certain messaging, service and other standard fees and charges may be charged by your carrier.

8.2. Subscriptions Purchased through a Facebook account: If You purchase a subscription through Facebook, the applicable Facebook payment and cancellation terms will be applicable to your subscription and We encourage You to review these terms prior to purchasing the subscription.

8.3. No Refunds. You may cancel Your user Account with Us at any time; however, there are no refunds for cancellation. As permitted under the terms of this Terms of Use Agreement, We have the right at any time for any reason or for no reason to suspend or terminate your Account, terminate this Terms of Use Agreement, and/or refuse any and all current or future use of the Game without notice, refund, obligation or liability to You. In the event that We suspend or terminate your Account or this Terms of Use Agreement, You understand and agree that You shall receive no refund or exchange from Us or otherwise.

8.4. Taxes. You agree that you are solely responsible to know, report and pay all federal, state and local taxes from the U.S. or any other taxes levied by any country based on this Terms of Use Agreement or any activities governed hereunder, exclusive of any taxes based on Our net income, unless You are exempt from the applicable taxes.

9. Advertising and Use of Computational Resources

As consideration for the limited license and rights granted to You under this Terms of use Agreement, You agree that (a) We and Our business partners shall have the right to provide ads, promotions, offers and other information to You by email or other means of communication.

10. Termination

We reserve the right without liability to terminate or restrict this Terms of Use Agreement or your Account, or your access to or use of the Game, with or without notice, for any reason, including but not limited to, if We believe that You have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that We shall not be liable to You or any third-party for any interference with or termination of your access to the Game.

11. Customer Service

If You have questions about Your Account or the Game please contact us at info@thenakeddeveloper.com. We will use commercially reasonable efforts to keep your Account and the Game operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. It is also possible that a catastrophic failure of the Game may occur. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Game with or without notice. We shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to the Game.

12. Copyright Complaints; DMCA Notification

We may, in Our sole discretion, remove any User Content that appears to infringe on the intellectual property rights of others. It is Our policy to respond to and investigate claims of copyright and other intellectual property infringement. We have a policy of terminating access to the Game by users who are repeat infringers.

You may notify Us of alleged or possible intellectual-property infringement, including any copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA.

In order to notify Us of a copyright infringement claim pursuant to the DMCA, You must provide:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Game are covered by a single notification, a representative list of such works;

• a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Us to locate the material, including a URL address;

• your address, telephone number, and, email address;

• a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• a statement made under penalty of perjury by You that the information in the notification is accurate, and that You are authorized to act on behalf of the owner of the copyright involved.

The notice described above should be sent Our designated copyright agent at info@thenakeddeveloper.com. If You fail to comply with all of the requirements described above, your DMCA notice may not be valid.

13. Disclaimer of Warranties

THE GAME IS PROVIDED “AS-IS” AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY, THE APPLICABLE IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY AND WARRANTY PERIOD REQUIRED BY LAW. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE GAME. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. WE DO NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE GAME BY MEMBERS OR USERS OF THE GAME; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY MEMBERS OR USERS THAT APPEARS THROUGH THE GAME.

WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY VIRTUAL PROPERTY OR DATA RESIDING ON OUR SERVERS.

14. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE GAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS’ OR MEMBERS’ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU ASSERT THE APPLICABLE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Force Majeure

We shall not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond Our reasonable control.

16. Notices

Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to Us by mail at The Naked Developer, 24 Westoning Road, Harlington, Bedfordshire, United Kingdom, or to You at the email address You provided Us (a) at the time You registered; (b) through a subsequent notice of an address change; or (c) through a posting through the Game. Physical notices shall be effective when received. Email notices allowed hereunder shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In addition, We may provide notice by certified mail, postage prepaid and return receipt requested. In these situations, notice shall be deemed given when received.

17. Enforceability

If any provision of these Terms of use Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

18. Entire Terms

These Terms of Use Agreement (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between Us and You with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

19. Changes to Terms

19.1. You can access These Terms of Use at any time by using this link.

We can make changes to this Terms without any notice and at any time. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Your continued access or use of the Game following changes to this Terms will be deemed acceptance of the applicable changes.

19.2. If You do not agree to any of the Terms or any future Terms of Use Agreement, do not use or access (or continue to access) the Game.

19.3. If You have questions about this Terms of Use Agreement, please contact Us at info@thenakeddeveloper.com.