Terms of Service — thirteen games

Thirteen Games Terms of Service

Effective Date: July 21, 2021

We are Thirteen Games LLC ("Thirteen Games", "we", "our" or "us"). These Terms of Service (the “Terms of Service”) govern the relationship between you and Thirteen Games when you play our games or access our website http://thirteengames.com/ (the “Site”), in-game purchases, platforms (including the Apple or Google Play Apps), software services and related services (collectively, our “Services”). The Terms of Service constitute a legal agreement between you and Thirteen Games. If you do not agree with the Terms of Service, you should not access or use our Services.

We reserve the right to modify or change the Terms of Service at any time after providing notice to you. By continuing to access or use our Services after we have posted the updated Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service.

Please read the Terms of Service carefully to make sure you understand them.

Privacy

You should also read our Privacy Policy to understand how we use your personal information. Our Privacy Policy explains how we use your personal information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages); and what rights you have in relation to your personal information. Click on this link to read our Privacy Policy: http://thirteengames.com/privacy-policy

Your Eligibility

As a condition of using our Services you agree to comply at all times with the following rules (our "Rules”).

You agree that you will not do any act, or share, distribute, make available, or transmit any data, message, or file that:

is sexually explicit, vulgar or obscene;
amounts to a form of cheating;
amounts to a personal attack on others;
bullies or harasses others;
amounts to, or encourages, any illegal activity;
impersonates anyone, or misrepresents your identity;
deletes or changes any legal notices, disclaimers, proprietary notices, copyright or trademarks;
infringes anyone else's rights. For example, you must not infringe anyone else's patents, copyright, trademarks, or other intellectual property rights, or their confidential information or privacy;
contains a virus or similar threat, or interferes with, impairs or damages our Services;
negatively affects any person's use or enjoyment of the Services;
involves disruptive, antisocial or destructive behavior, including, for example "flooding," "trolling," "flaming," "spamming," or "griefing";
involves the carrying out of any business activity, including generating money for yourself or others; or
amounts to an advertisement, chain letter, junk or spam.

In addition, it is against the Rules to participate in any of the following:

any attacks, including without for example, denial of service attacks or other similar attempts to interfere with other's use of the Services;
attempting to gain unauthorized access to the Services, computers, or networks connected to the Services;
use of cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Services;
modification of any software that forms part of the Services;
disrupting or overburdening computers or servers;
attempting to circumvent or modify any security features;
harassment or abuse of others; or
obtaining or using personal information about others or sharing anyone’s personal information through the Services.

We may terminate or restrict your right to use our Services, or disable your account, if we think that you have not followed the Rules or if we reasonably believe that you have otherwise behaved inappropriately while using our Services. In addition, if we believe you have cheated in any way, then we may also remove any applicable in-game purchases from you including for example, any Virtual Items (as defined below), which you have obtained by cheating.

If you think that another user may be breaching our Rules, please let us know, using the contact details below. However, we cannot guarantee that others will comply with the Rules, and we are not responsible for any other user's failure to comply with them.

We may delete any material that we consider breaches our Rules. You agree that we may share information which identifies you with law enforcement officials if we think we need to, including in relation to any possible breaches of our Rules. Please read our Privacy Policy which explains in more detail how we may use your personal information.

Updates to Our Services

From time to time, we may deploy or provide patches, updates, upgrades, additional content, or other modifications to our Services (for example for maintenance, enhancements, to add or remove features, resolve software bugs, or address security concerns).

These updates and upgrades may result in our Services being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw, or disable our Services for longer periods while we deploy these updates and upgrades. We will always try and give you notice of this, but it may not be possible in all cases. We would always recommend that you have the latest version of our Services installed. If you do not install any update or upgrade then all of the functionality and features of our Services may not be available to you.

Virtual Items

Our Services may enable you to acquire certain virtual items. This includes, for example, virtual currency, points, or similar virtual items (together "Virtual Items"). You agree that you do not actually own these Virtual Items and the virtual value of any Virtual Item does not correspond or equate to any real-life monetary value, credit balance or currency.

Any virtual currency or similar balance does not constitute a real-world balance or comprise any stored value. Your right to use the Virtual Items is personal to you unless we agree otherwise and is limited to the license granted below - see section below entitled "Your right to use the Services". You may not re-sell or trade any Virtual Items.

Please note that if you remove and reinstall a game on a new device, you may lose your in-game purchases, including any Virtual Items.

Rights to Content

We either own, or have a license to use, all of the content and information contained in our Services (including our games), including all the intellectual property rights in our Services. For example, we own, or have a license to use, all the software code, graphics, images, trademarks, designs, logos, videos, and text in our games (the “Content”). You agree that the Content, including all accounts and characters created, are the sole and exclusive property of Thirteen Games or its licensors. Thirteen Games may use the 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 the Content in violation of the intellectual property rights of Thirteen Games or any other third party.

You are not allowed to use our Services unless expressly allowed under the Terms of Service. You may not reverse engineer, decompile, disassemble, or modify our Services in any way.

User Generated Content

Our Services may allow you to create a username and an online identity which allows you to communicate with others. For example, our Services may allow you to share messages, images, and video online ("User Content").

You promise that you have the right to share and use such User Content and you exclusively own the rights to such User Content, including the right to grant all the rights and licenses in the Terms of Service without Thirteen Games incurring any third-party obligations or liability arising out of its exercise of the rights granted herein by you.

You hereby grant to Thirteen Games a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User Content, or any portion thereof, on our Services as well as any and all media no 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 User Content.

Thirteen Games reserves the right to monitor User Content in our Services; however Thirteen Games cannot monitor or prescreen all User Content and does not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Content. You bear the entire risk of the completeness, accuracy or usefulness of your User Content found in our Services.

Grant of a License

Subject to your agreement and continuing compliance with the Terms of Service and any other relevant Thirteen Games policies, we grant you a non-exclusive, non-sublicensable, personal, non-transferable, revocable, limited license to access and use our Services for your own non-commercial entertainment purposes. You agree not to use our Services for any other purpose. By using our Services under license, you acknowledge and agree that you do not acquire any intellectual property in our Services. If you violate any of the Terms of Service, we reserve the right to terminate your license without notice. By accessing our using our Services, you accept and agree to the Terms of Service and our Privacy Policy.

You must provide all equipment and software necessary to connect to our Services. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services.

Limitation of Liability

We do not guarantee that our Services will always be available or be uninterrupted, timely, secure, or free from bugs, viruses, errors, or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend, or discontinue our Services. In that event, we will try to give you notice, but notice is not always possible (for example, technical issues for reasons beyond our control, or if there is an emergency security issue). We will not be liable for any loss or damage that you suffer as a consequence of any of our Services being temporarily or permanently unavailable.

We are not responsible for the loss or damage which may arise from your use of our Services, including:

damage to your computer system or loss of data (whether due to a virus or other malicious software;
loss, damage or upset that you suffer as a consequence of the actions of another user;
any loss or damage if our Services are not provided to you, or are interrupted or suspended, or if we do not comply with the Terms of Service because of events beyond our reasonable control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labor dispute, civil commotion or other act or event beyond our reasonable control; or
loss or damage which neither of us could have reasonably anticipated or expected including any loss or damages which is indirect or which is a side effect of the main loss or damage, such as loss of revenue or salary, or loss of profit, opportunity or reputation.

Nothing in the Terms of Service excludes or limits our liability for death or personal injury caused by gross negligence, or for fraud. We do not make any statement, guarantee or promise in respect of our Services not set out in these Terms of Service, including any statements made by third parties, such as advertisers or social media influencers.

We take reasonable steps to keep our Services free from viruses and other malicious software but we also recommend you use appropriate anti-virus software. We do not guarantee that our efforts will be successful.

Relationship with Apple or Google

If you use one of our games from the Apple Store or Google Play Store, you acknowledge that your acceptance of the Terms of Service form a legally binding contract between you and Thirteen Games; not with Apple or Google. In order to use some of our Services, you will also be asked to agree to the relevant online store terms, which may create a binding contract with the relevant store. You should read these online store terms carefully.

If you make any in-game purchases, then the relevant online store provider’s terms and conditions will also apply. You acknowledge that any billing and transactions are handled by the online store provider. You should contact the online store provider directly if you have any payment related issues with in-game purchases.

Creating an Account

In some circumstances you may create an account with us. Any account you have created is subject to you complying with the Terms of Service. If you create an account from a social networking site, such as Facebook, you must comply with its terms of service/use as well as the Terms of Service.

You are responsible for maintaining the confidentiality of your username and password and are also responsible for all activities that are carried out under your account. We recommend that you change your password regularly, and do not use the same email and password in relation to other online activity. We will not be liable if your username and password are used by someone else. If you become aware of any unauthorized use of your username and password, you should notify us immediately by email to hello@thirteengames.com.

Closing Your Account

If you have created an account with us, you can close it at any time by emailing us using the following link: hello@thirteengames.com. Please note that we may, but are not required to, close your account with us if it is inactive for 180 days.

Third Party Links and Advertising

When using our Services you may see links to third party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third party website or content which is linked from our Services. We are not responsible or liable for anything that happens when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of service, license agreement and privacy policy which you will need to be aware of.

On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services. If you click on any advertisement, you will be dealing with third parties. We are not responsible for anything that happens when you visit these third party websites or use third party content.

Termination or Suspension of Your Account

Thirteen Games may in its absolute sole discretion:

with immediate effect and for any reason, at any time, terminate or suspend your use of any of our Services, including if your account is inactive;
verify your information by requesting certain documents and refuse your request to play our games if we believe there is reason to do so;
take any steps (for example, technical or legal steps) to terminate or suspend your use of any of our Services if we believe you have failed to comply with any of the provisions of the Terms of Service; and
if we decide to terminate, suspend, or refuse to accept your account, we may share your name, username, account information and email address to notify third parties (including Apple or Google Play).

If we end our contract with you to use our Services or restrict your access to any part of our Services, we may, but shall not be obligated to, in our discretion delete certain data relating to your use of the game or disable access to it. For example, we may delete or disable access to saved games, scores, or positions in a league table. If we end our contract with you to use our Services, or restrict access to any part of our Services, we may also delete any in-game purchases or Virtual Items you have obtained, and you will no longer be able to use those purchases.

You may terminate or suspend your account at any time and for any reason by contacting us at hello@thirteengames.com and informing Thirteen Games that you wish to terminate your account. We may request certain information to verify that you are the owner of the account.

Children

Thirteen Games recognizes the need to provide additional privacy protections when kids visit our Services. As used in this Section, “children”, “child”, and “kid(s)” refer to children under the age of 13, except for those jurisdictions where the privacy law specifies a different age. Also, when we use the term “parent”, we include legal guardians.

Our users can use some of our Services, view content, and enjoy many features without registering for an account or our collection of any personal information subject to the Children’s Online Privacy Protection Act (“COPPA”). If a user has indicated that they are a kid when trying to create a Thirteen Games account, we will obtain parental consent. The parent may be asked to provide additional documentation or perform additional actions as part of the approval process as consistent with applicable law. We reserve the right to refuse access to our Services pending confirmation and activation by a kid’s parent. In addition, we reserve the right to ask a user for proof of parental consent for any user or potential user of our Services we suspect is a child.

Once we obtain parental consent, a kid can use our Services much like any other user. Thirteen Games collects and uses certain information for limited purposes only. For example, we may send local in-app notifications, which do not rely on collecting personal information. Also, persistent identifiers (e.g., IP address or mobile advertising identifier) may be collected to support our internal operations, such as:

Delivering our Services;
Maintaining or analyzing the functionality of our Services;
Protecting the security or integrity of the user of our Services; or
Legal or regulatory compliance.

Thirteen Games does not condition participation in any of our Services for kids on the collection of more personal information than is reasonably necessary. Until we receive verifiable parental consent, the parent’s contact information gathered from a kid is used only to obtain the parent’s consent for our information collection practices.

With parental consent, we may also use a kid’s contact information to send the kid emails and messages with information about new products and features, special offers, as well as other interesting information concerning new products and updates about Thirteen Games. Parents can always choose whether their kid may receive these promotional messages by visiting their account profile settings or contacting us.

If a kid wins a prize from a contest, or other promotional event, we will notify the parent at the parent’s email address and request that the parent provide their postal address for purpose of delivering the prize.

If you are a parent and wish to revoke your previously provided consent, review information collected from your child or have that information deleted, please contact us via the options in the How to Contact Us Section. If we become aware that a child has provided us with personal information without parental consent, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and to terminate the child’s account.

If we make material changes to how we collect, use, share or otherwise process your child’s personal information, we will notify parents as required by applicable law.

AS FAR AS PERMITTED BY APPLICABLE LAW, WE DECLINE ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR OUR SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF SUCH SERVICES BY YOUR CHILD.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that my assist parents in limiting access to material that is harmful to minors.

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 THIRTEEN GAMES IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIRTEEN GAMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OUR SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIRTEEN GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIRTEEN GAMES 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 THIRTEEN GAMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIRTEEN GAMES 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, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIRTEEN GAMES’ LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES, OFFICERS, MANAGERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.

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.

Applicable Law

By accessing and using our Services, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern the Terms of Service and any dispute of any sort that might arise between you and Thirteen Games. You agree that any claims or disputes shall be governed in the exclusive jurisdiction of the City of Chicago and the County of Cook, Illinois.

Indemnification

You agree to defend, indemnify, and hold harmless Thirteen Games, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from all claims and expenses, including attorneys’ fees and costs, arising out of your use of our Services or your breach or alleged breach of any term, condition, obligation, representation, or warranty in the Terms of Service. Thirteen Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Thirteen Games, and you agree to cooperate with Thirteen Games’ defense of these claims. Thirteen Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive the termination of your account(s) with our Services.

Assignment

Thirteen Games may assign or delegate the Terms of Service or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms of Service to any other person.

Severability

If any provision of the Terms of Service is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Service will remain in force.

Non-Waiver

The failure of Thirteen Games to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Questions, Complaints and Disputes

We will do our best to resolve any disputes over the Terms of Service and your use of our Services. Please contact us immediately using our contact information below and Thirteen Games will then consider your concerns and decide whether to take action. Thirteen Games will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint.

Previous changes to these Terms of Service:

March 16, 2021 – Terms of Service launched
July 21, 2021 – Terms of Service updated

How to Contact Us

email: hello@thirteengames.com

twitter: https://twitter.com/thirteen_games

Thirteen Games, LLC
Box #113
655 Deerfield Road, Ste 100
Deerfield, Illinois 60015