Effective Date: April 10, 2013
Most Recent Update: April 10, 2013
Shoal Media reserves the right to revise these Terms at any time. If we do, we will post the updated Terms on this page and indicate the date of most the recent change above. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. Your continued use of the Games constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease use of the Games.
II. License to Play
Subject to you complying with these Terms, Shoal Media grants you a non-exclusive, non-transferable, revocable limited license to access the Games for your own non-commercial entertainment purposes only. You agree not to use the Games for any other purpose. If you violate any of these Terms, we reserve the right to terminate your license without notice.
III. In-Game Currencies and Goods
The Games may include virtual, in-game currency (“Virtual Currency”), such as coins, cash, or points, that may be purchased with “real world” money or tailored interactions with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items (“Virtual Goods”).
Virtual Currency or Virtual Goods cannot be redeemed for “real world” money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Games.
You also agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be provided by either Google or Shoal Media. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your account is terminated or suspended for any reason, in Shoal Media’s sole and absolute discretion, or if Shoal Media discontinues its Games, you forfeit any and all Virtual Currency and Goods. Shoal Media has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Shoal Media shall have no liability to you or anyone for the exercise of such rights.
IV. Rights to Content
“Content” means all software, communications, images, sounds, and material perceived or made available from the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Shoal Media. All Content is copyrighted under Canadian and/or United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Shoal Media, its logos, and the Games’ names are trademarks of Shoal Media and may not be used without Shoal Media’s express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of Shoal Media or its licensors. Shoal Media may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Shoal Media or any other third party.
V. User Generated Content
It is possible you may choose to contribute to the Games through the submission of user generated content. User Generated Content may be defined as various kinds of content, publicly available, that are produced by end users (for example, wall posts, messages, and actions with others end users) as well as any feedback, comments, or suggestions that you provide to us regarding the Games.
You agree that such User Generated Content is wholly original to you and you exclusively own the rights to such User Generated Content, including the right to grant all of the rights and licenses in these Terms, without Shoal Media incurring any third party obligations or liability arising out of its exercise of the rights granted herein by you.
You hereby grant to Shoal Media a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User Generated Content, or any portion thereof, on the Games as well as any and all media now known or hereafter developed and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
Shoal Media representatives reserves the right to monitor User Generated Content in the Games, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted in the Games that is deemed objectionable or violates these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for User Generated Content that is generated by users of the Games. You bear the entire risk of the completeness, accuracy or usefulness of your User Generated Content found in the Games.
VI. User Code of Conduct
Your use of the Games is also governed by the following rules (the “Code of Conduct”) which are maintained and enforced by Shoal Media. It is your responsibility to know, understand and abide by this Code of Conduct. The Code of Conduct is not meant to be exhaustive, and Shoal Media reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user’s account. The Code of Conduct governs all aspects of your interaction with the Games.
If Shoal Media finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Games.
Here’s the Code of Conduct: You agree that your use of and conduct in the Games shall be lawful and you will not:
- transmit or post any content or language which, in Shoal Media’s sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
- communicate or post any user’s personal information, including but not limited to another user’s address, phone number, e-mail address, or credit card number, in the Games without that user’s express written consent, except that a user may communicate his or her own personal information;
- violate the contractual, personal, intellectual property or other rights of any party, or promote or conduct illegal activity;
- make improper use of Shoal Media’s support services or submit false reports of abuse or misconduct;
- disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that Shoal Media created to generate web pages or any software or other products or processes accessible through the Games;
- except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Games, or use or launch any unauthorized script or other software;
- interfere with or circumvent any security feature of the Games or any feature that restricts or enforces limitations on use of or access to the Games or Content;
- participate in any action that, in Shoal Media’s sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned through authorized game play in the Games;
- sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
- engage in cheating or any other activity deemed by Shoal Media to be in conflict with the spirit or intent of the Games.
- create more than one personal profile.
By accessing and using the Games, you represent and warrant that you are at least 13 years old. If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Games.
We reserve the right to terminate or suspend your account or access to any or all of the Games at any time and for any reason. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or breach of these Terms. If we terminate or suspend your account, you will have no further access to your account or anything associated with it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during the Games.
X. Dispute with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Games. If you have a dispute with other users, you release Shoal Media and hereby agree to indemnify Shoal Media from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
XI. Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY SHOAL MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHOAL MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOAL MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOAL MEDIA DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM SHOAL MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOAL MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE LAWS OF CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
XII. Applicable Law
By accessing and using the Games, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Shoal Media.
You agree to defend, indemnify and hold harmless the Shoal Media parties from and against all claims and expenses, including lawyers’ fees and costs, arising out of your use the Games and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Games.
XIV. Complaints and Notices
If you believe that your copyrighted work has been copied without your authorization and is available in one of Shoal Media’s Games in a way that may constitute copyright infringement, you can provide notice of your claim to Shoal Media’s Designated Agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located in this game;
4. Information reasonably sufficient to permit Shoal Media to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
5. 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; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
The failure of Shoal Media to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
XVIII. Entire Agreement
These terms and conditions constitute the entire and exclusive agreement between you and Shoal Media concerning your use of the Games and supersedes any and all statements or other agreements, whether oral or written, between you and Shoal Media regarding that use.
Effective Date: April 10, 2013
Most Recent Update: April 10, 2013
Device information. We may collect device-specific information, such as your hardware model and operating system version.
Application information. We may collect information about your installation, such us the operating system type and application version number.
Information you give us. When you contact Shoal Media, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.
Third-party services. We may use third-party services to help us understand the use of our Service, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address.
Information we share
We do not share or disclose your private personal information unless necessary to comply with a law, regulation or legal request.
We may share or disclose your non-private, aggregated or otherwise non-personal information, such as aggregate usage statistics.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.